7:52 PM.
I will not be posting for at least a few days.
Thursday, November 15, 2012
Hughes News: Execution Proceeding
It's 7:30 local. They've started the procedure. They never stop once they start. Texas is within minutes of executing an innocent man.
Hughes News: Execution Confusion
I don't have all the details. The execution procedure did not begin at 6:00 PM local as was scheduled. It is now 7:05 local and it seems as if the procedure has not yet started. Feedback from the scene is that the execution has been "gummed up" by all the motions that have been filed. Since all the state motions have been ruled on, that would leave the two civil suits that have not yet been ruled on.
The civil suits are against the City of Houston and the Texas Board of Paroles and Pardons. Each has a different basis, which I'll not detail here. Basically, however, the separate suits are separate claims at the federal district court level that the two government entities have violated and continue to violate Mr. Hughes' constitutional rights to due process and to be free from cruel and unusual punishment.
I do not know whether or not those suits must be ruled upon in some fashion before the execution proceeds, but something is gumming up the works. The law is that a person must be executed by midnight on the day of their execution. My understanding is that the prison refuses to begin an execution after 11 PM so that they can stay in compliance with their legal mandate. My understanding is also that the death warrant is good for one day only. While a new death warrant could be quickly issued, it must put the execution date at least 30 days out.
Take every single thing I say here with a grain of salt. I'm speaking from zero experience and with almost no insight into what is actually going on.
Stay tuned.
The civil suits are against the City of Houston and the Texas Board of Paroles and Pardons. Each has a different basis, which I'll not detail here. Basically, however, the separate suits are separate claims at the federal district court level that the two government entities have violated and continue to violate Mr. Hughes' constitutional rights to due process and to be free from cruel and unusual punishment.
I do not know whether or not those suits must be ruled upon in some fashion before the execution proceeds, but something is gumming up the works. The law is that a person must be executed by midnight on the day of their execution. My understanding is that the prison refuses to begin an execution after 11 PM so that they can stay in compliance with their legal mandate. My understanding is also that the death warrant is good for one day only. While a new death warrant could be quickly issued, it must put the execution date at least 30 days out.
Take every single thing I say here with a grain of salt. I'm speaking from zero experience and with almost no insight into what is actually going on.
Stay tuned.
Hughes News: DNA Denied
The Chapter 64 motion for DNA testing has been denied. In Texas, a person facing execution is not allowed to have his DNA compared against the DNA claimed by Texas to be the killer's DNA.
Awaiting responses on two civil suits.
Been preparing an appeal to the CCA of the trial court's denial for DNA testing. It should be filed within the hour (3 PM local).
Awaiting responses on two civil suits.
Been preparing an appeal to the CCA of the trial court's denial for DNA testing. It should be filed within the hour (3 PM local).
Wednesday, November 14, 2012
Hughes News: Your Turn to Help
I have done what is in my power to save Preston Hughes from a wrongful execution. My last act was to send a letter to Governor Perry, via his website, asking that he grant Preston Hughes a 30 day reprieve of execution to allow testing of critical DNA. Governor Perry has authority to do so.
There are many tragic aspects to this case. One of them is that the State of Texas claims to have the actual killer's DNA on a vaginal swab taken from Shandra Charles at the time of her autopsy. Somehow, in all this time, that DNA has never been compared to Mr. Hughes' DNA.
The details are explained in Mr. Hughes' Chapter 64 motion for DNA testing. That motion awaits a ruling from the trial court as the clock ticks down to Mr. Hughes' execution.
We have the means at our fingertips to insure that the person we are about to execute is indeed guilty of the crime for which is to die. Have we descended so far that we will not even compare the killer's DNA against prisoner's DNA?
For those who choose to help, I suggest that you phone the Governor's office or that you send him a letter via his web site. According to the Governor's web site, the phone number is (512) 463-2000. If you prefer to contact him via an online letter,
click "I am registering my opinion",click "Select",fill out the online form that will appear,click "Send Message".
I will not post here what I wrote to Governor Perry. I assure you I was polite and respectful. I do not post here what I wrote because I want you to use your own words. It is important that you speak in your own words.
I ask that you not just contact Governor Perry yourself. I ask as well that you ask others to contact Governor Perry, and that they ask others, ad infinitum.
I thank you.
And now I wait.