Most Popular Choices
Share on Facebook 13 Printer Friendly Page More Sharing
OpEdNews Op Eds    H3'ed 5/20/12

Did Texas Execute Yet Another Innocent Man?

By       (Page 1 of 1 pages)   1 comment
Follow Me on Twitter     Message Mary Shaw
Become a Fan
  (20 fans)
A recent study by the Columbia Human Rights Law Review suggests that Carlos DeLuna, who was executed by the state of Texas in 1989 for the murder of Wanda Lopez, was actually innocent. The study concluded that a man named Carlos Hernandez actually committed the murder. In other words, the so-called justice system had convicted the wrong Carlos.

According to the report, Hernandez "was well-known to police and prosecutors at the time and had a long history of violent crimes." In fact, Hernandez was arrested for another murder while DeLuna was on death row, and died in prison in 1999, after having admitted that he killed Lopez.

Nevertheless, the report states, "After [police] arrested DeLuna, they were so sure they had the right man, they never bothered to ascertain his height, weight or age or to compare them to the information from eyewitness Baker. Their commanding officers never requested that information, either. In fact, DeLuna was ... younger than the man [a witness] described."

"On evidence we pulled together on this case, there is no way a jury could have convicted De-Luna beyond a reasonable doubt, but they could've convicted Hernandez beyond a reasonable doubt," said Columbia Professor James Liebman, who conducted the study along with his students.

Perhaps even more disturbing is the fact that this isn't the only case we know of in which Texas probably executed an innocent man.

The most famous such case is that of Cameron Todd Willingham, who made headlines in 2009 when The New Yorker published an investigative article on the case. Willingham was executed in 2004 for setting a fire that killed his three daughters. However, a forensic review of the case led to the conclusion that "a finding of arson could not be sustained." In other words, the fatal fire for which Willingham was executed was probably just an accident.

A decade before Willingham's execution, Ruben Montoya Cantu was put to death in Texas for a murder that occurred when Cantu was 17 years old. According to Wikipedia, "During the years following the conviction, the surviving victim, the co-defendant, the District Attorney, and the jury forewoman have all made public statements that cast doubt on Cantu's guilty verdict and death sentence."

In 2009, Texas executed Reginald Blanton despite numerous flaws in the prosecution's case and the trial itself. Blanton had been convicted of fatally shooting his friend, Carlos Garza, and then stealing $79 worth of jewelry from Garza's home, where the murder took place. According to Randi Jones of the Campaign to End the Death Penalty, "Reginald's case exemplifies serious prosecutorial misconduct. They systematically excluded African Americans from the jury pool." Jones also noted that there was no physical evidence linking Blanton to the crime, and that Blanton was forced to rely on an incompetent public defender who failed to present evidence of innocence at the original trial.

This is not justice.

The legal system is run by human beings, and human beings make mistakes. And they can make mistakes in matters of life and death, as in the cases described above.

Is this not sufficient reason to abolish the irreversible punishment that is the death penalty?

The full Columbia report on the DeLuna case can be found online at: http://www3.law.columbia.edu/hrlr/ltc/

Must Read 1   Well Said 1   Supported 1  
Rate It | View Ratings

Mary Shaw Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Mary Shaw is a Philadelphia-based writer and activist, with a focus on politics, human rights, and social justice. She is a former Philadelphia Area Coordinator for the Nobel-Prize-winning human rights group Amnesty International, and her views (more...)
 
Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Follow Me on Twitter     Writers Guidelines

 
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

No Excuse for Racial Profiling

No, Dan, America is Not a Christian Nation

They Still Cling to Guns and Religion

Racism Then and Now

Tea Party Talking Points, Translated

The Myth of the Christian Right

To View Comments or Join the Conversation:

Tell A Friend