Resolution on Death Penalty Moratorium

Texas Democratic Party Resolution Calling for a Moratorium on Executions

WHEREAS Texas leads the nation in executions with 449 since 1982 (as of February 1, 2010). The frequency of executions and inadequacies in our criminal justice system increase the risk that an innocent person will be executed and because the execution of an innocent person by the State of Texas would be a grave injustice and would undermine public confidence in our criminal justice system; and

WHEREAS there is a significant risk that innocence cases in Texas are not being discovered, and innocent persons both reside on death row and could be wrongly executed in a system of capital punishment that often escapes governmental scrutiny and meaningful judicial review; and

WHEREAS an innocent person may already have been executed by Texas. The Chicago Tribune reported on December 9, 2004 that a Corsicana, Texas man named Cameron Todd Willingham may have been innocent of the arson/murder for which he was executed on February 17, 2004. A state-funded report commissioned by the Texas Forensic Science Commission written by fire expert Dr Craig Beyler said that “a finding of arson could not be sustained” in the Willingham case. Beyler said that key testimony from a fire marshal at Willingham’s trial was “hardly consistent with a scientific mind-set and is more characteristic of mystics or psychics”; and

WHEREAS Rick Perry received information prior to the execution of Todd Willingham that cast serious doubt on the scientific validity of forensic evidence used to convict Willingham, but Perry refused to issue a 30 day stay of execution to give more time for the evidence to be analyzed; and

WHEREAS Rick Perry interfered with an investigation into the Willingham case when he replaced the chair and all of his gubernatorial appointees to the Texas Forensic Science Commission only days before a scheduled hearing about a report submitted to the commission by Dr Craig Beyler; and

WHEREAS the Houston Chronicle reported on November 19, 2005 that a San Antonio man named Ruben Cantu may have been innocent of the crime for which he was executed on August 24, 1993 and the Chicago Tribune reported on June 24, 2006 that a Corpus Christi man named Carlos De Luna may have been innocent of the crime for which he was executed on December 7 1989; and

WHEREAS eleven people have been exonerated of murder and released from Texas Death Row and 139 people have been exonerated and released from death rows in the United States since the death penalty was reinstated in the 1970′s; and

WHEREAS local taxpayers can be faced with the financial burden of settling lawsuits when innocent people are wrongfully convicted or executed because of problems in the criminal justice system; and

WHEREAS seeking a death sentence costs three times more than the cost of seeking life without parole

BE IT THEREFORE RESOLVED that the Texas Democratic Party supports a moratorium on executions and the creation of a “Texas Capital Punishment Commission” to study the administration of capital punishment in Texas to correct any injustices or unfair processes that are found in the administration of the death penalty and to study how to eliminate the risk of innocent people being convicted and executed.

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