lulu
03-16-2003, 07:39 PM
HOUSTON - Cases involving DNA analysis from the troubled Houston Police
crime lab won't be treated any differently than other capital cases which
reach Gov. Rick Perry's desk, his spokeswoman said Saturday responding to
a request by Houston's mayor for a moratorium on 16 death penalty cases
from Harris County.
"The governor does not have the authority to issue a moratorium,"
spokeswoman Kathy Walt said Saturday regarding 16 Harris County death row
inmates whose cases have been identified as including DNA analysis done by
the Houston crime lab. "Each of those cases can be reviewed individually
and independently as they reach his desk."
Texas governors have the power to grant only a one-time 30-day reprieve. A
governor also has the ability to grant clemency, but that is strictly
limited unless the Texas Board of Pardons and Paroles recommends a
commutation.
Walt echoed Perry's comments in Houston on Friday when he said he didn't
support a moratorium.
"I've got faith in our legal system and criminal justice system in the
state of Texas," the governor said during a stop to announce a $1.6
billion road project.
Houston Mayor Lee Brown, however, urged in his letter to Perry that the
"right thing to do" was to temporarily halt executions.
"Until all questions are answered concerning the DNA analyses, a
moratorium should be placed on those death penalty cases in which evidence
from the DNA section of the HPD crime lab was used during the
prosecution," Brown wrote to Perry in a letter dated Friday. "This is the
right thing to do."
The 16 death row cases will receive priority review as the Harris County
district attorney's office continues to wade through hundreds of cases,
which may have included DNA analysis by the lab, Walt said. So far, a
total of 42 cases, including the 16 death row cases, have been referred to
the Houston Police Department for retesting. The police department has
contracted with Identigene, a private Houston DNA lab, to conduct the
retesting.
During its review, the district attorney's office has determined that none
of the cases of 67 Harris County inmates who have already been executed
contained DNA testing done at the HPD lab.
The lab came under fire after an independent audit in December, which
revealed problems such as a lack of contamination controls and training
for lab workers. The audit was conducted by two investigators from the
Texas Department of Public Safety and an investigator from Tarrant County
at the request of the police department.
Based on the findings, the crime lab has suspended DNA testing.
Brown, a former Houston police chief, said the crime lab was once a "great
source of pride."
"Naturally, I am very disappointed in the troubles that have plagued this
facility," he said in a statement. "The thought of a wrongful conviction
for any crime is disturbing. However, we should not assume that any or all
of the cases are 'wrongful convictions.' We should wait for retesting to
be completed."
So far, retesting has only been completed in one case, that of Josiah
Sutton, who was sentenced in 1998 to 25 years in prison for rape. Sutton,
who was 16-years-old when he was arrested, was released from jail on bond
Wednesday after DNA retesting concluded his genetic makeup could not be
included within the DNA found during a rape test on the female victim.
Sutton's attorney plans to ask Perry to pardon his client, whose case is
still under review by the Harris County District Attorney's office.
In addition to requesting a moratorium on the 16 death penalty cases,
Brown also sent a letter to U.S. Attorney John Ashcroft asking for Justice
Department assistance in reviewing the cases involving DNA analysis by the
crime lab.
"To restore the public confidence in our criminal justice system, it is
essential that the affected cases are reviewed, not only by local and
state authorities, but also by the U.S. Department of Justice," Brown
wrote.
Justice Department spokesman Mark Corallo said the request had not been
received Saturday but the department would review it to determine whether
it has any jurisdiction to assist in the ongoing review of cases.
Perry also had not received Brown's letter on Saturday, said Walt, who
said the governor was well aware of the issues surrounding the crime lab.
She said Perry supports DNA testing.
"He believes it is important in resolving questions of guilt or
innocence," she said.
-------
Source : Associated Press
crime lab won't be treated any differently than other capital cases which
reach Gov. Rick Perry's desk, his spokeswoman said Saturday responding to
a request by Houston's mayor for a moratorium on 16 death penalty cases
from Harris County.
"The governor does not have the authority to issue a moratorium,"
spokeswoman Kathy Walt said Saturday regarding 16 Harris County death row
inmates whose cases have been identified as including DNA analysis done by
the Houston crime lab. "Each of those cases can be reviewed individually
and independently as they reach his desk."
Texas governors have the power to grant only a one-time 30-day reprieve. A
governor also has the ability to grant clemency, but that is strictly
limited unless the Texas Board of Pardons and Paroles recommends a
commutation.
Walt echoed Perry's comments in Houston on Friday when he said he didn't
support a moratorium.
"I've got faith in our legal system and criminal justice system in the
state of Texas," the governor said during a stop to announce a $1.6
billion road project.
Houston Mayor Lee Brown, however, urged in his letter to Perry that the
"right thing to do" was to temporarily halt executions.
"Until all questions are answered concerning the DNA analyses, a
moratorium should be placed on those death penalty cases in which evidence
from the DNA section of the HPD crime lab was used during the
prosecution," Brown wrote to Perry in a letter dated Friday. "This is the
right thing to do."
The 16 death row cases will receive priority review as the Harris County
district attorney's office continues to wade through hundreds of cases,
which may have included DNA analysis by the lab, Walt said. So far, a
total of 42 cases, including the 16 death row cases, have been referred to
the Houston Police Department for retesting. The police department has
contracted with Identigene, a private Houston DNA lab, to conduct the
retesting.
During its review, the district attorney's office has determined that none
of the cases of 67 Harris County inmates who have already been executed
contained DNA testing done at the HPD lab.
The lab came under fire after an independent audit in December, which
revealed problems such as a lack of contamination controls and training
for lab workers. The audit was conducted by two investigators from the
Texas Department of Public Safety and an investigator from Tarrant County
at the request of the police department.
Based on the findings, the crime lab has suspended DNA testing.
Brown, a former Houston police chief, said the crime lab was once a "great
source of pride."
"Naturally, I am very disappointed in the troubles that have plagued this
facility," he said in a statement. "The thought of a wrongful conviction
for any crime is disturbing. However, we should not assume that any or all
of the cases are 'wrongful convictions.' We should wait for retesting to
be completed."
So far, retesting has only been completed in one case, that of Josiah
Sutton, who was sentenced in 1998 to 25 years in prison for rape. Sutton,
who was 16-years-old when he was arrested, was released from jail on bond
Wednesday after DNA retesting concluded his genetic makeup could not be
included within the DNA found during a rape test on the female victim.
Sutton's attorney plans to ask Perry to pardon his client, whose case is
still under review by the Harris County District Attorney's office.
In addition to requesting a moratorium on the 16 death penalty cases,
Brown also sent a letter to U.S. Attorney John Ashcroft asking for Justice
Department assistance in reviewing the cases involving DNA analysis by the
crime lab.
"To restore the public confidence in our criminal justice system, it is
essential that the affected cases are reviewed, not only by local and
state authorities, but also by the U.S. Department of Justice," Brown
wrote.
Justice Department spokesman Mark Corallo said the request had not been
received Saturday but the department would review it to determine whether
it has any jurisdiction to assist in the ongoing review of cases.
Perry also had not received Brown's letter on Saturday, said Walt, who
said the governor was well aware of the issues surrounding the crime lab.
She said Perry supports DNA testing.
"He believes it is important in resolving questions of guilt or
innocence," she said.
-------
Source : Associated Press