Governor Bush has repeatedly said that he has no qualms. "I'm confident," he said last February, "that every person that has been put to death in Texas under my watch has been guilty of the crime charged, and has had full access to the courts."
That defense of the record ignores many notorious examples of unfairness in Texas death penalty cases. Lawyers have been under the influence of cocaine during the trial, or been drunk or asleep. One court dismissed a complaint about a lawyer who slept through a trial with the comment that courts are not "obligated to either constantly monitor trial counsel's wakefulness or endeavor to wake counsel should he fall asleep."
This past week The Chicago Tribune published a compelling report on an investigation of all 131 death cases in Governor Bush's time. It made chilling reading.
In one-third of those cases, the report showed, the lawyer who represented the death penalty defendant at trial or on appeal had been or was later disbarred or otherwise sanctioned. In 40 cases the lawyers presented no evidence at all or only one witness at the sentencing phase of the trial.
In 29 cases, the prosecution used testimony from a psychiatrist who -- based on a hypothetical question about the defendant's past -- predicted he would commit future violence. Most of those psychiatrists testified without having examined the defendant: a practice condemned professionally as unethical.
Other witnesses included one who was temporarily released from a psychiatric ward to testify, a pathologist who had admitted faking autopsies and a judge who had been reprimanded for lying about his credentials.
Asked about the Tribune study, Governor Bush said, "We've adequately answered innocence or guilt" in every case. The defendants, he said, "had full access to a fair trial."
There are two ways of understanding that comment. Either Governor Bush was contemptuous of the facts or, on a matter of life and death, he did not care. |
