sherri13
05-20-2002, 07:17 AM
MOM ASKS PAROLE BOARD TO SPARE SON'S MURDERER
Condemned Convict Met with Woman in Mediation Program
A confessed killer, Johnny Joe Martinez, is scheduled
to die by injection next week.
The mother of his victim is trying to stop it.
In a rare move, she has sent a letter to the Texas
Board of Pardons and Paroles, asking that Mr. Martinez's
death sentence be commuted to life.
"To execute Mr. Martinez would be a double crime
against society," wrote Lana Norris, whose plea
came after an unusual face-to-face meeting with
her son's killer.
Ms. Norris, who also asked to talk personally with
each member of the board, says she believes in the
death penalty. She and her 2nd husband, Thomas
Dillon, now deceased, backed a law to allow victims'
families to witness executions in Texas' death chamber.
Her letter makes it clear how devastated she was by
the vicious stabbing death of her son, Clay Peterson,
"my precious baby boy," as he worked an overnight
convenience-store shift 9 years ago.
"I have hurt more than I knew possible," she wrote.
"I no longer wanted to live and even counted the pills,
considering suicide in those early days. While I never
took the pills, I just wanted out of the pain."
But, Lana Norris added, she doesn't want another
mother the killer's to go through the same agony.
"Please, do not cause another mother to lose her
son to murder, needlessly!" she wrote.
Any impact of Ms. Norris' letter won't be known for
several days. Gerald Garrett, chairman of the board of
Pardons and Paroles, said he doesn't know whether he
will schedule a public hearing to consider the case;
if not, members will vote by fax machine, as usual,
on whether the sentence should be carried out.
Ms. Norris declined to talk with The Dallas Morning
News about the letter except to say that, "I've been
blessed by an extraordinary God and as a result of
that have probably been healed more than most victims."
Lana Norris said she prayed long and hard about the
decision before writing the letter on May 7. She wrote
it 4 days after meeting with Mr. Martinez, 29, in
a mediation program offered by the prison system.
Mediation involving victims and offenders in Texas
has been available since 1994 at the request of
victims. Only a handful out of the roughly 100
sessions held to date have involved death row
inmates, Edwardo Mendoza said, the Texas
Department of Criminal Justice's mediation
coordinator.
Few victims' families in death row cases have
sought mediation, and some convicts have
refused them, perhaps because their cases
are still on appeal.
Information stemming from mediation is confidential
and not given to the parole board for consideration
of cases.
Lana Norris asked for a mediation session even
though Johnny Martinez had not responded to a
previous letter. After both parties underwent
extensive counseling to prepare for the session,
they met in the chapel of the prison unit in Livingston
that houses death row.
**************
Here are the contents of a letter Lana Norris wrote
to state pardons officials, seeking clemency for her
son's killer:
Dear Sir:
It is my understanding that there is a petition on
the commutation of the death sentence to a life
sentence inthis case. I would like to have this
letter considered as part of your decision in this
issue. If possible, I would also like the opportunity
to talk with each of you personally, either by
phone or in person. As Clay Peterson's mother, I
feel that I have been affected by this crime more
than any other person, with the exception of my
precious baby boy, Clay.
Clay was 20 years old at the time of this crime.
Even in the turmoil that existed in the beginning,
I knew that Clay was okay and had forgiven
Johnny Joe Martinez (hereafter referred to as
Mr. Martinez). Yet, I did not know if the death
sentence was appropriate. I was not and never
have been asked if the death sentence was what
I wanted. While I know that this case is the State
of Texas vs. Mr. Martinez, my desires should be
considered. I realize that I was too close to the
case and too emotionally distraught to be able to
look at things objectively at the time of the trial.
For over 8 1/2 years, I have struggled with the
knowledge that I was in some way connected to
an inmate on death row. Many times, each day,
I think of Clay, and always my thoughts turn to
Mr. Martinez. I am not trying to minimize the hurt
and struggle I have been through. I have hurt
more than I knew possible. I have felt anger,
regret and every possible emotion. For a time,
I lost hope and was clinically depressed. I no
longer wanted to live and even counted the pills,
considering suicide in those early days. While I
never took the pills, I just wanted out of the pain.
For 8 1/2 years, I have revisited the pain of that
night many times. I have struggled with the pain
of knowing that Clay would not want this execution.
To some extent, having an inmate on death row has
complicated my recovery process. For the last couple
of months, I have struggled with this issue even more.
While I do believe in the death penalty, with the date
of execution drawing near, I have done much soul
searching. When Clay was killed, his crime was more
than a crime against me and his family. It was a crime
against society.
Clay was a loving, caring, young man. He was active in
Christian youth ministry and would have had a positive
impact on many throughout his life. While Mr. Martinez
had a different start in life, there was nothing before
this incident that would have led anyone to believe this
crime would happen. Last Friday, May 3, I had the
opportunity to do mediation with Mr. Martinez. There is
no doubt in my mind, that to execute Mr. Martinez would
be a double crime against society. Here is a young man
that has truly repented and regrets his actions of July 15,
1993. If his sentence is commuted to a life sentence, he
will be 54 before his first possible chance of parole.
During that time, he could be a positive influence on other
inmates that he comes in contact with. He may be able
to help them understand how to change their life and
direction for the better.
Please, do not cause another mother to lose her son to
murder, needlessly!
In His Love,
Lana K. Norris
The murder victim's father issued this statement
to the public:
My son, Clay Peterson, was a Christian who witnessed
to many people in the South Texas area in his short
life. I do not believe that he would have demanded the
Old Testament punishment of an eye for an eye, but
instead would have followed the teachings of Christ
to forgive not 7 times, but 70 times seven. I can do
no less.
Society must protect itself from those who do not value
the lives and property of others. However, I doubt that
Johnny Martinez would be a threat to society by the time
he would be eligible for parole if his sentence were
commuted to life.
Paul B. Peterson
*****
The session lasted about 4 hours, said Mr. Martinez's
defense attorney, David Dow, who witnessed the
meeting. He described it as an extraordinary event
that began with Ms. Norris holding Mr. Martinez's
shackled hands in prayer.
'I killed her only son'
Mr. Dow said his client was nervous before the session.
"I killed her only son," he told Mr. Dow as he waited
for the session to begin.
The killing occurred on July 15, 1993. After a night of
drinking, Mr. Martinez, then 20, robbed a Corpus Christi
convenience store. Clay Peterson, a college student
who had celebrated his 20th birthday the day before,
was stabbed 8 times in the neck, back and shoulders.
The brutal killing was caught on videotape by a store
surveillance camera.
About 15 minutes after the stabbing, Johnny Martinez
called 911 from a nearby motel, told the police
dispatcher what he had done and said he would wait
for authorities to arrive. He surrendered without
resistance, expressed remorse and later confessed.
During mediation, Lana Norris told Johnny Martinez
she wanted answers about what happened that day.
The answer was similar to what he said at trial nine
years ago: "I don't know why. That's a question I will
never be able to answer."
Johnny Martinez's defense attorney David Dow said
there was no anger in the mediation session. "I don't
think there were any raised voices."
There were tears and occasional smiles.
About halfway through the session, David Dow said,
Lana Norris told Johnny Martinez that she believed in
the death penalty but added, "I don't think it's right
for you."
At that point, Johnny Martinez asked whether she
would write a letter on his behalf. Ms. Norris said
she would think about it; she called Clay's father,
Paul Peter on, who lives in the Dallas area, before
sending the letter a few days later.
Paul Peterson, who is divorced from Ms. Norris, said he
understood why she wrote the letter. Though he, too,
supports the death penalty, he said he doesn't object to
a commutation for Mr. Martinez.
'70 times 7'
His son discussed his Christian beliefs with many
people and "would have followed the teachings of
Christ to forgive not seven times but seventy times
seven," Mr. Peterson said. "I can do no less."
He said he had no desire to go through mediation with
Mr. Martinez, but after talking with Ms. Norris, "I doubt
that Johnny Martinez would be a threat to society by the
time he would be eligible for parole if his sentence were
commuted to life."
David Dow said he is considering some last-minute legal
maneuvers in the case, but Johnny Martinez's fate now
rests largely with the Texas Board of Pardons and Paroles.
The 18-member board is expected to vote this week on
Mr. Martinez's case.
Chairman Gerald Garrett said a letter asking for clemency
from a relative of the victim is "out of the norm." Because
Ms. Norris was among those most directly affected by the
crime, it would have more impact than most letters received
by the board.
"Here is a young man that has truly repented and regrets
his actions of July 15, 1993," she wrote. "If his sentence
is commuted to a life sentence, he will be 54 before his
1st possible chance of parole. During that time, he could
be a positive influence on other inmates that he comes
in contact with."
No Hint of Violence
Mr. Martinez is different from most death row inmates,
said Mr. Dow, because he "had absolutely no markers
in his own personal history that would have suggested
that he was going to stab somebody to death one day.
He had no prior convictions; in fact he had no prior history
of violence."
David Dow says his client, a high school dropout, was
abused as a youngster and left home at age 14.
To receive the death penalty in Texas, an offender must
be shown to pose a future danger to society. Nueces
County District Attorney Carlos Valdez said he knew
Mr. Martinez had no history of criminal behavior but the
brutality of the crime was enough to seek the death penalty.
"We thought the offense itself, which was captured on
videotape, showed the viciousness of the case and the
case called for the death penalty," Mr. Valdez said.
Mr. Valdez said he consulted with family members before
seeking the death penalty; Ms. Norris and Mr. Peterson
say they were not asked.
Clemency from the Texas Board of Pardons and Paroles,
which must be approved by the governor, is rare.
"I was appointed in 1995," Mr. Garrett said, "And during
my tenure, Mr. [Henry Lee] Lucas is the only person that
has received a commutation recommendation."
Mr. Lucas, who confessed to being a serial killer, had
his death sentence commuted to life in 1998, because of
doubts about his truthfulness.
District Attorney Valdez said he didn't know if Ms. Norris'
plea would sway the parole board to commute Mr. Martinez's
sentence, but he didn't think it should. "If anybody's
thinking about changing their mind, I suggest they watch
the video of the killing," he said.
Condemned Convict Met with Woman in Mediation Program
A confessed killer, Johnny Joe Martinez, is scheduled
to die by injection next week.
The mother of his victim is trying to stop it.
In a rare move, she has sent a letter to the Texas
Board of Pardons and Paroles, asking that Mr. Martinez's
death sentence be commuted to life.
"To execute Mr. Martinez would be a double crime
against society," wrote Lana Norris, whose plea
came after an unusual face-to-face meeting with
her son's killer.
Ms. Norris, who also asked to talk personally with
each member of the board, says she believes in the
death penalty. She and her 2nd husband, Thomas
Dillon, now deceased, backed a law to allow victims'
families to witness executions in Texas' death chamber.
Her letter makes it clear how devastated she was by
the vicious stabbing death of her son, Clay Peterson,
"my precious baby boy," as he worked an overnight
convenience-store shift 9 years ago.
"I have hurt more than I knew possible," she wrote.
"I no longer wanted to live and even counted the pills,
considering suicide in those early days. While I never
took the pills, I just wanted out of the pain."
But, Lana Norris added, she doesn't want another
mother the killer's to go through the same agony.
"Please, do not cause another mother to lose her
son to murder, needlessly!" she wrote.
Any impact of Ms. Norris' letter won't be known for
several days. Gerald Garrett, chairman of the board of
Pardons and Paroles, said he doesn't know whether he
will schedule a public hearing to consider the case;
if not, members will vote by fax machine, as usual,
on whether the sentence should be carried out.
Ms. Norris declined to talk with The Dallas Morning
News about the letter except to say that, "I've been
blessed by an extraordinary God and as a result of
that have probably been healed more than most victims."
Lana Norris said she prayed long and hard about the
decision before writing the letter on May 7. She wrote
it 4 days after meeting with Mr. Martinez, 29, in
a mediation program offered by the prison system.
Mediation involving victims and offenders in Texas
has been available since 1994 at the request of
victims. Only a handful out of the roughly 100
sessions held to date have involved death row
inmates, Edwardo Mendoza said, the Texas
Department of Criminal Justice's mediation
coordinator.
Few victims' families in death row cases have
sought mediation, and some convicts have
refused them, perhaps because their cases
are still on appeal.
Information stemming from mediation is confidential
and not given to the parole board for consideration
of cases.
Lana Norris asked for a mediation session even
though Johnny Martinez had not responded to a
previous letter. After both parties underwent
extensive counseling to prepare for the session,
they met in the chapel of the prison unit in Livingston
that houses death row.
**************
Here are the contents of a letter Lana Norris wrote
to state pardons officials, seeking clemency for her
son's killer:
Dear Sir:
It is my understanding that there is a petition on
the commutation of the death sentence to a life
sentence inthis case. I would like to have this
letter considered as part of your decision in this
issue. If possible, I would also like the opportunity
to talk with each of you personally, either by
phone or in person. As Clay Peterson's mother, I
feel that I have been affected by this crime more
than any other person, with the exception of my
precious baby boy, Clay.
Clay was 20 years old at the time of this crime.
Even in the turmoil that existed in the beginning,
I knew that Clay was okay and had forgiven
Johnny Joe Martinez (hereafter referred to as
Mr. Martinez). Yet, I did not know if the death
sentence was appropriate. I was not and never
have been asked if the death sentence was what
I wanted. While I know that this case is the State
of Texas vs. Mr. Martinez, my desires should be
considered. I realize that I was too close to the
case and too emotionally distraught to be able to
look at things objectively at the time of the trial.
For over 8 1/2 years, I have struggled with the
knowledge that I was in some way connected to
an inmate on death row. Many times, each day,
I think of Clay, and always my thoughts turn to
Mr. Martinez. I am not trying to minimize the hurt
and struggle I have been through. I have hurt
more than I knew possible. I have felt anger,
regret and every possible emotion. For a time,
I lost hope and was clinically depressed. I no
longer wanted to live and even counted the pills,
considering suicide in those early days. While I
never took the pills, I just wanted out of the pain.
For 8 1/2 years, I have revisited the pain of that
night many times. I have struggled with the pain
of knowing that Clay would not want this execution.
To some extent, having an inmate on death row has
complicated my recovery process. For the last couple
of months, I have struggled with this issue even more.
While I do believe in the death penalty, with the date
of execution drawing near, I have done much soul
searching. When Clay was killed, his crime was more
than a crime against me and his family. It was a crime
against society.
Clay was a loving, caring, young man. He was active in
Christian youth ministry and would have had a positive
impact on many throughout his life. While Mr. Martinez
had a different start in life, there was nothing before
this incident that would have led anyone to believe this
crime would happen. Last Friday, May 3, I had the
opportunity to do mediation with Mr. Martinez. There is
no doubt in my mind, that to execute Mr. Martinez would
be a double crime against society. Here is a young man
that has truly repented and regrets his actions of July 15,
1993. If his sentence is commuted to a life sentence, he
will be 54 before his first possible chance of parole.
During that time, he could be a positive influence on other
inmates that he comes in contact with. He may be able
to help them understand how to change their life and
direction for the better.
Please, do not cause another mother to lose her son to
murder, needlessly!
In His Love,
Lana K. Norris
The murder victim's father issued this statement
to the public:
My son, Clay Peterson, was a Christian who witnessed
to many people in the South Texas area in his short
life. I do not believe that he would have demanded the
Old Testament punishment of an eye for an eye, but
instead would have followed the teachings of Christ
to forgive not 7 times, but 70 times seven. I can do
no less.
Society must protect itself from those who do not value
the lives and property of others. However, I doubt that
Johnny Martinez would be a threat to society by the time
he would be eligible for parole if his sentence were
commuted to life.
Paul B. Peterson
*****
The session lasted about 4 hours, said Mr. Martinez's
defense attorney, David Dow, who witnessed the
meeting. He described it as an extraordinary event
that began with Ms. Norris holding Mr. Martinez's
shackled hands in prayer.
'I killed her only son'
Mr. Dow said his client was nervous before the session.
"I killed her only son," he told Mr. Dow as he waited
for the session to begin.
The killing occurred on July 15, 1993. After a night of
drinking, Mr. Martinez, then 20, robbed a Corpus Christi
convenience store. Clay Peterson, a college student
who had celebrated his 20th birthday the day before,
was stabbed 8 times in the neck, back and shoulders.
The brutal killing was caught on videotape by a store
surveillance camera.
About 15 minutes after the stabbing, Johnny Martinez
called 911 from a nearby motel, told the police
dispatcher what he had done and said he would wait
for authorities to arrive. He surrendered without
resistance, expressed remorse and later confessed.
During mediation, Lana Norris told Johnny Martinez
she wanted answers about what happened that day.
The answer was similar to what he said at trial nine
years ago: "I don't know why. That's a question I will
never be able to answer."
Johnny Martinez's defense attorney David Dow said
there was no anger in the mediation session. "I don't
think there were any raised voices."
There were tears and occasional smiles.
About halfway through the session, David Dow said,
Lana Norris told Johnny Martinez that she believed in
the death penalty but added, "I don't think it's right
for you."
At that point, Johnny Martinez asked whether she
would write a letter on his behalf. Ms. Norris said
she would think about it; she called Clay's father,
Paul Peter on, who lives in the Dallas area, before
sending the letter a few days later.
Paul Peterson, who is divorced from Ms. Norris, said he
understood why she wrote the letter. Though he, too,
supports the death penalty, he said he doesn't object to
a commutation for Mr. Martinez.
'70 times 7'
His son discussed his Christian beliefs with many
people and "would have followed the teachings of
Christ to forgive not seven times but seventy times
seven," Mr. Peterson said. "I can do no less."
He said he had no desire to go through mediation with
Mr. Martinez, but after talking with Ms. Norris, "I doubt
that Johnny Martinez would be a threat to society by the
time he would be eligible for parole if his sentence were
commuted to life."
David Dow said he is considering some last-minute legal
maneuvers in the case, but Johnny Martinez's fate now
rests largely with the Texas Board of Pardons and Paroles.
The 18-member board is expected to vote this week on
Mr. Martinez's case.
Chairman Gerald Garrett said a letter asking for clemency
from a relative of the victim is "out of the norm." Because
Ms. Norris was among those most directly affected by the
crime, it would have more impact than most letters received
by the board.
"Here is a young man that has truly repented and regrets
his actions of July 15, 1993," she wrote. "If his sentence
is commuted to a life sentence, he will be 54 before his
1st possible chance of parole. During that time, he could
be a positive influence on other inmates that he comes
in contact with."
No Hint of Violence
Mr. Martinez is different from most death row inmates,
said Mr. Dow, because he "had absolutely no markers
in his own personal history that would have suggested
that he was going to stab somebody to death one day.
He had no prior convictions; in fact he had no prior history
of violence."
David Dow says his client, a high school dropout, was
abused as a youngster and left home at age 14.
To receive the death penalty in Texas, an offender must
be shown to pose a future danger to society. Nueces
County District Attorney Carlos Valdez said he knew
Mr. Martinez had no history of criminal behavior but the
brutality of the crime was enough to seek the death penalty.
"We thought the offense itself, which was captured on
videotape, showed the viciousness of the case and the
case called for the death penalty," Mr. Valdez said.
Mr. Valdez said he consulted with family members before
seeking the death penalty; Ms. Norris and Mr. Peterson
say they were not asked.
Clemency from the Texas Board of Pardons and Paroles,
which must be approved by the governor, is rare.
"I was appointed in 1995," Mr. Garrett said, "And during
my tenure, Mr. [Henry Lee] Lucas is the only person that
has received a commutation recommendation."
Mr. Lucas, who confessed to being a serial killer, had
his death sentence commuted to life in 1998, because of
doubts about his truthfulness.
District Attorney Valdez said he didn't know if Ms. Norris'
plea would sway the parole board to commute Mr. Martinez's
sentence, but he didn't think it should. "If anybody's
thinking about changing their mind, I suggest they watch
the video of the killing," he said.