August 31, 2004

Texas - Edward Green III

On October 5, 2004 the State of Texas is scheduled to execute Edward
Green III for the August 31, 1992 murder of Edward Perry Haden and Helen
O'Sullivan, who died from the same bullet in the course of a botched
robbery. Edward had turned 18 only months before his arrest for this
offence and has been on death row for over ten years.



BACKGROUND:



There were many issues in Green's case that should have been raised in
the Trial Courts but were overlooked. The following is a synopsis of some
of these issues:

- When the jury was deliberating on the mitigating evidence, they sent a
note to the Trial Court saying that they were deadlocked. This should
have resulted in an automatic life sentence according to the "12-10" rule
of Article 37.071, V.A.C.C.P.; however, the jury was not advised that a
single holdout juror would result in a life sentence.

Since the Trial Court records do not reflect that Green's Defense
presented a claim in this regard, the Appellate Court overruled any
appeal on these grounds.

- Further, while the jury was deciding on the sentencing, they showed
confusion on the definition of "sufficient mitigating evidence" and in
turn asked the Trial Court for clarification on expert evidence from
Ramon Campos, one of Green's therapists. The jury asked whether Campos
had indicated that Green had experienced "emotional problems" as a child
and the Trial Court responded that the therapist did not use the term
"'emotional problems'!" (emphasis added by Court using exclamation
mark).

As the law provides that upon application to the Court, the jury is
entitled to have read to them parts of the witness' testimony, but when
the jury requested same, the Court did not allow the testimony of the
therapist to be read. The words "emotional problems" were not used;
however, "anger", "hatred", and "grief" were some of the words used - all
of which are clearly emotions. Campos testified that Green's troubled
childhood - including his father's murder at age nine, and neglect by his
mother because of her alcoholism and cocaine addiction - caused Green's
anti-social behavior problems (more on this below). He also testified
that Green was working through them and had made significant progress and
behavioral change - that is, "classic mitigation".

- In the State of Texas, there is not a sentence of life without parole.
However, the jury in Green's case was not informed that the alternative
to the death sentence would be a 35-year minimum incarceration, meaning
Green would have been almost 55 years old before his first chance of
parole. Without the knowledge of this alternative lengthy sentence, the
death penalty may be arbitrarily imposed in violation of the Eighth
Amendment to the United States Constitution, and Article 1, Sections 10,
13, and 19 of the Texas Constitution.

However, as stated in the Opinion of Judge McCormick delivered October 4,
1995 in the Court of Criminal Appeals of Texas, "[t]he record does not
reflect appellant presented these claims to the trial court; therefore,
as a matter of state law, he presents nothing for review" and the claim
was overruled.

- Neither Green's counselor who gave expert testimony at the Trial, nor
two other counselors who had treated Green for his mental illnesses were
interviewed by Defense Counsel prior to trial. Had this important step
been taken, Defense could have properly addressed issues of mitigation
brought up by the jury. For example, Ramon Campos, counselor at Giddings
State school, indicated that Green suffered from severe post traumatic
stress disorder, and was in fact one of the "worst cases he had ever
seen". Green's PTSD was likely caused from seeing his father hanged with
his genitalia mutilated. Further, his mother was unavailable for
emotional support because of her drug and alcohol addictions.

Campos describes Green as having tremendous fear and paranoia and that
children growing up in environments like Green's "simply never develop
the personalities with which to cope with frustration" and that Green's
aggression spawned from his mental or emotional illness. Campos and two
other of Green's counselors at the Giddings State School could testify
that Green shouldn't have been released from the school and intensive
counseling to live with his aunt who was already experiencing severe
parenting problems of her own.

Most notably, when Green was dismissed from the school, an exit
interviewer found him crying. When asked why he was crying, Green
answered that "he was scared to leave Giddings and that he was afraid he
would simply commit another crime". Knowing that, the State released him
anyway, and didn't offer any further help.

Further, it was stated in the Application for Writ of Habeas Corpus filed
in this case that this evidence that was known to the State was "never
disclosed to defense counsel".

- Initially, Green was charged on the hearsay evidence of a jail-house
snitch, Charles Aaron Lyles, who was incarcerated for murder and was
desperate to make a deal to lessen his own sentence. Lyles served as
informant on five cases at that time in exchange for a dismissal of
charges against himself.



RECOMMENDED ACTION

Taking these points into account, the following is a suggested action to
take:



Please send appeals as quickly as possible.

- expressing sympathy for the families and friends of Edward Perry Haden
and Helen O'Sullivan, and explaining that you are in no way seeking to
excuse the manner of their death or to minimize the suffering caused;

- noting that even though the jury deadlocked, an automatic life sentence
was not applied, apparently because defense counsel neglected to raise
the issue at trial;

- noting that the Trial Court neglected to explain various vital
definitions to the jury even when the jury requested same, and that had
the jury been properly advised, their deadlock might have resulted in the
automatic life sentence;

- noting that with proper defense preparation the mitigating evidence of
Mr. Green's mental illness would likely have reached the standard of
"sufficient mitigating evidence" required for the sentence of death to be
overruled;

- urging the Board of Pardons and Paroles to recommend that the Governor
commute Edward Green III's death sentence;

- urging Governor Perry to accept such a recommendation, or in the
alternative event that the Board votes against clemency, to use his power
of reprieve to stop the execution and request that the Board reconsider.

APPEALS TO:


(Note: In all appeals please include Edward Green III's prison number:
#073)


Governor Rick Perry,
Office of the Governor,
PO Box 12428,
Austin, Texas 78711-2428
Fax: 1 512 463 1849,
Email via webpage:
http://www.governor.state.tx.us/contact#contactinfo

Salutation: Dear Governor





Rissie Owens
Presiding Officer,
Board of Pardons and Paroles,
1300 11th St., Suite 520,
P.O. Box 599,
Huntsville, TX 77342-0599
Fax: 1 936 291 8367,

Salutation: Dear Ms Owens





Elvis Hightower
Board Member,
Board of Pardons and Paroles,
1300 11th St., Suite 520,
P.O. Box 599,
Huntsville, TX 77342-0599
Fax: 1 936 291 8367,

Salutation: Dear Mr Hightower





Charles Aycock
Board of Pardons and Paroles,
5809 S. Western, Suite 237,
Amarillo, TX 79110
Fax: 1 806 358 6455,

Salutation: Dear Mr Aycock





Linda Garcia
Board of Pardons and Paroles,
1212 N. Velasco, Suite 201,
Angleton, TX 77515
Fax: 1 979 849 8741,

Salutation: Dear Ms Garcia





Juanita Gonzalez
Board of Pardons and Paroles,
3408 S. State Hwy. 36,
Gatesville, TX 76528
Fax: 1 254 865 2629,

Salutation: Dear Ms Gonzalez





Jose L. Aliseda
Board of Pardons and Paroles,
1111 West Lacy St.,
Palestine, TX 75801
Fax: 1 903 723 1441,

Salutation: Dear Mr Aliseda