Friends,

This is a reminder to please contact the following
Texas legislators to ask their help in correcting the
misuse by Texas courts of our DNA law passed in the
last legislature. We CAN have an impact if we all
will
take the time to do this. Remember that this major
problem could effect someone you care about.

Since the new law was enacted making DNA testing
available to persons in their post conviction appeals,
Texas courts are routinely denying them the right to
have the testing done. Not because of the law itself,
but because of the application of the law, prisoners
and their attorneys have not been able to reach the
level of proof of innocence required by the courts to
grant DNA testing.

Note that, in the law, posted in its entirety below,
in addition to requirements regarding the quality and
availability of the evidence itself, there is a
requirement that the application for testing must
prove to the satisfaction of the court that:

*identity was or is an issue in the case; AND that the
convicted person has established by a preponderance of
the evidence that a reasonable probability exists that
the person would not have been prosecuted or convicted
if exculpatory results had been obtained through DNA
testing*

So far, not one applicant has reached the level of
proof required by the court. As I understand it, the
courts are defining that requirement to mean that the
applicant must prove that exculpatory results will
absolutely prove that they are innocent. It is
impossible to reach the level of proof required.

It is extremely doubtful that this was the intent of
the legislators who worked so hard to pass this law.
It is unknown to me if they are aware that the law, as
applied, is not being made available to the
individuals
it was designed to help.

There are two men on the execution schedule right now
who have been denied DNA testing in spite of the best
efforts of their attorneys. Bill Kutzner is scheduled
to die August 7. Jessie Patrick is scheduled to die
September 17. There may be others I am not aware of.

I am asking you all to take the time to contact the
following legislators and tell them how great it is
that they passed the law and ask them if they are
aware of how the courts are interpreting the law,
making it impossible for prisoners to use it in
support of their appeals. Inform them of the
situation of these 2 men. Plead with them
to step in and urge the attorney general and the
governor to stay these executions and insists they be
allowed to have DNA testing done. Ask them
additionally to insist that the law they designed to
help clear the innocent be used in the way they
designed it.

If you can possibly do so, call in addition to
writing.

Please also write a letter using the same information
plus your other reasons, requesting clemency for Bill
Kutzner to the Board of Pardons and Paroles.

I encourage you to forward this message to your
contacts and any other lists of which you are a
member.
Legislators' addresses are below.

Thank you,

Nancy

Contact Information:

The Honorable Robert Duncan Sponsor of the law.
P. O. Box 12068
Austin, Texas 78711
512-463-0128

The Honorable Rodney G. Ellis
440 Louisiana, Suite 575
Houston, Texas 77002
(713) 236-0306

The Honorable Royce West
5787 S. Hampton Road Suite 385
Dallas, TX 75232
(214) 467-0123

The Honorable Mike Moncrief
1701 River Run Road Suite 504, Box 54
Fort Worth, TX 76107
817-338-9424

Rep. Juan Hinojosa
612 Nolana Suite 410B
McAllen, TX 78504
965-972-1841

Rep. Scott Hochberg
4660 Beechnut #245
Houston, TX 77096
713-660-7783

Rep. Senphronia Thompson
10527 Homestead Road
Houston, TX 77016
(713) 633-3390

Rep. Harold Dutton
9111 Eastex Frwy #336
Houston, Texas 77093
713-692-9192

Texas Board of Pardons and Paroles
Executive Clemency Section
P.O. Box 13401, Capitol Station
Austin,Texas 78711

I made some calls, Sherri, please keep us posted. My sister is having someletters printed, (I don't have a printer), & I will get them out this week.-------Ken