From His Death Row Cell in Texas, My Interview with Tony E. Ford

"On December 19, 1991, I was arrested and taken to the police station, where I would later find out that I was to be charged with capital murder, against Armando Murillo, and two counts of attempted capital murder (later three) against his mother, Myra Murillo and his two sisters, Myra and Lisa Murillo; at the initial arrest, I was not informed of what I was being arrested for, so in good faith, I accompanied the police of the El Paso Police Department to the station house. Whereby, I was photographed, paraded around the Department and placed in a room, alone, which had a long mirror spanning the length of one wall, hand cuffed to a chair. Later.I was informed that I was being charged with capital murder and two counts of attempted capital murder that took place the previous evening, on December 18, 1991"(These are the words of Tony E. Ford to CCADhttp://www.ccadp.org/tonyegbunaford.htm)

Tony, what were you arrested, convicted, and sentenced to die for?

I was arrested in December 1991, and tried and convicted in 1993, and sentenced to die for a robbery/murder I did not commit.

How long have you been on death row in Texas? Did you have any priors?

I've been on Texas Death Row since being convicted in 1993. Before being convicted of this crime I did not have any priors.

Can you tell us what were some of the wrongful tactics used to convict you? Do you feel you had adequate legal representation?

Tactics which are used to convict people vary. But, they almost always involve a denial of basic fundamental rights. For me, when I was first arrested, I wasn't told what I was being arrested for. But, basically, I was told I had nothing to worry about if I cooperated. I did. My cooperation led to me having pictures taken. These pictures were placed in a photographic spread of which I had no knowledge. Subsequently I was told I had been "picked" out of the line up and told to confess. I was told that a statement (by Van Belton - my co-defendant) had been made against me. At that point of being told I had been "picked" out of a line up I repeatedly asked to call my mother and to speak to an attorney. I was instead verbally abused and denied these basic rights, which are so fundamental in any early arrest. The police know this. And yet they try and hurry things along, keeping people from their due legal representation, trying to gain confessions or information which can ultimately be used against you. Had I known I was arrested for murder, I would have insisted on calling my mother and an attorney from the start. Please understand, many people are actually "tried and convicted" right there in these moments of arrest and interrogation. They are pressured/ manipulated into confessions/ line ups, etc., none of which can help them. For certain serious crimes I feel representation should be automatic from the very arrest. Sadly, it is not...

Now as for my representation... We are all afforded representation - ie. Someone who stands in to represent you. That said, what many of us get is the bare minimum representation from over worked, underpaid defense attorneys with already heavy workloads. Few, in an "ideal situation" are truly represented. Personally my representation was average. When being represented in court, having an attorney who objects to and challenges everything is not the critical aspect of representation. Back then I thought it was. Now I realize it is having an attorney who objects and challenges fundamental due-process and rights violations. And one who'd know when/ where to preserve critical trial errors for appeal in case of conviction. And so in hindsight I don't feel I was adequately represented. It was average. And average representation in a Death Penalty case equals conviction. It equals Death.

Most inmates sentenced to death have court appointed attorneys. Do you feel these attorney's have the knowledge and motivation to represent their clients to their full capacity?

No. Not really. Let me explain it in this way. Most court appointed attorneys are used to "making deals", ie. to get someone less time if they "plead out" and forego trial. Going to trial these attorneys are "outgunned" by a prosecution that has the resources of the state behind them. Most people in their profession have to have a certain "job rating" to be considered to be doing well at their job. In sports, it's a .500 average and above. Taking that as a standard, most defense attorneys are below .500. WAY below. They have no "winning" record. Yet they are appointed time and time again to represent some of the most serious legal cases in a state?!

The death penalty is very costly to Texas, who do you feel gains from this expense?

Truly, no one gains from the expense of the Death Penalty. It costs in tax dollars. And it costs in human lives. The Death Penalty is a victim making machine.

How do you spend your time on death row, and are you active in trying to create a change in the conditions on death row?

I mostly spend my time reading and studying. Trying to better myself. It can be hard because things I would otherwise apply myself to I am denied access to - such as college. But, regardless, it's incumbent to me to apply what I learn. So I do try and better my conditions here on Death Row, along with other like minded inmates. The problem is that we deal with an administration that is at best indifferent to the unhealthy conditions that exist here. A lot of the problems that exist with the conditions here could be dealt with informally. And yet often we have to go to extremes (for example, protest) to make changes. This means that for those of us willing to challenge the administration about the deplorable conditions here, we often spend a lot of time in Disciplinary Lock Up, and are denied the privileges the average Death Row inmate receives.

Are the conditions on death row deplorable as many other inmates are speaking about, and could you tell us about this?

For me, I can say both yes and no. So, I guess it depends on perspective. Overall? Yes. But let me briefly explain. On Ellis Unit, prior to our being housed here at the Polunsky Unit, we had more "social freedoms". We could work. We could do arts and crafts. We had TV, and group sports activities. Yet, we were physically abused. Subjected to shakedowns in which our property/cells were tore up and vandalized. The toilets over-ran. The water smelled of raw sewage. There were rats, roaches, snakes even, in our cells. Very hot summers and very cold winters, with no relief. We overtly suffered. Now, here at Polunsky, it's both overt, but mostly covert suffering we are subjected to. People here are literally going crazy. There is no group interaction, no group sports, no TV, no real human contact. The administration projects an air of "professionalism" all the while increasing the mental torture, the isolation, the unhealthy conditions. The physical abuse varies. But, it is mainly perpertrated against the mentally ill, who are starved, terrorized and beaten. Many inmates, who like myself would speak out about this, have been executed. Many of those new to the Row believe the way the Row is now is how it has always been. So much so that they are now indifferent to the abuse and indifference of the administration. In a word, Death Row is HELL.

Texas executes more inmates than any other state. Why do you feel that Texas seems to pride itself on this?

I believe we all know why Texas executes more people than any other state - an indifferent public despite the high number of possible innocents killed by the state. Even minority voters - Black/Latino - who encounter injustice daily, when they have a chance to come out and vote against racist prosecutors, "Hang 'em High" judges, "Kill 'em All" politicos, etc., don't turn out and vote. The problem is one that can be changed. It's in the power of the people. We can't get mad at Republicans and victims who have a harsh stance on crime. They are entitled to how they feel. The thing is they vote how they feel. Those of us against the Death Penalty simply don't. And because we don't, it sends the message that we're not serious about real change. I don't think Texans pride themselves on killing people. That is an insult to victims and people who truly want to see justice for the victims of crime within society. However, I do think that Texans have a misguided pride in a broken judicial system, where we have judges who openly state they will never vote in favour of a Death Row inmate's appeals. That precludes justice and judicial due process. Do the public truly understand this? I don't think so.

Where is your case at as far as appeals, and court dates?

Right now, my case is in limbo. Not completely. But I do expect the state will seek a new execution date against me either by year's end or early next year. If the state was about justice, there is no way it would seek to take my life with all the evidence we have to not only show doubt of my guilt, but to flat out prove I didn't kill anyone. I can still file a successive writ. But with the courts the way they are, it's a stretch... I had stronger evidence of my innocence shot down. Still, I am positive. My case is too strong, and my innocence firmly proved, for me not to be. I don't "hope" for justice. I expect it. As do the many people who support and wish to see me free from Texas Death Row.

What are you hoping will happen in your case?

At the very least I hope to obtain either a hearing or a new trial. At the most, flat out freedom.

Do you have many friends, family and supporters?

Yes, my mother Joyce, my sister Amani, my nephews, my grandmothers - Lilie and Clara, my beautiful wife Rachael, and our lil cub princess Taniqua, my mother in law Lesley and poppa Paul, etc... Family. Actually, everyone who supports me is family to me. Tasha, Noora, Ray, Nicole, Knut, Leonard, Tippa, Carolyn, etc... Family. My supporters show genuine love and support for me. It's beautiful... The humanity and togetherness... It's beautiful. And this is what people who call for my - our - lives, fail to see. The humanity in us that family, friends, loved ones and supporters, see. Our value. Our worth. As I said, it's beautiful. They are many. And I love and appreciate them all.

How can the public help you in your fight for justice?

Well, I need the public to think outside the box for a minute. See, Rick Perry - in commuting Kenneth (Foster's) sentence made a political decision.

http://www.associatedcontent.com/article/364111/texas_governor_rick_perry_grants_clemency.html

If it were other than that, then the collective will of the people would have saved Shaka Sankofa, Carla Faye Tucker, Frances Newton, Dominique Green, Joseph Nicols-Bey, Hasan Shakur, etc... All of these special people and others had varying degrees of support. Both instate, nationally and internationally. Yet, they are dead. So please don't believe that the will of the people alone brought about Kenneth's commuted sentence. Please note that Governor Perry didn't speak to Kenneth's innocence. He spoke about a procedural issue. The public needs to realize their worth to politicians. And that is their vote. And when politicos don't respond to the voters' wishes then the public can take the initiative and have issues placed on the ballot and voted into law. Those at the forefront of the Anti Death Penalty movement have been a little short sighted, and less receptive to implementing - or at least trying to implement plans outside of organizational goals and aims. Case in point, most Anti Death Penalty groups seek a moratorium. The idea is that a temporary halt to the Death Penalty can hopefully end it indefinitely! To those of us here on the Row that's a band-aid solution. Even now, pro-Death Penalty people are so confident, they have adopted Anti Death Penalty issues, saying "We want to make sure we have the right people on Death Row!" How is that an end to the Death Penalty? I proposed long ago to end tax dollars for the Death Penalty. Just as anti war people are proposing now. I proposed this as a ballot initiative. Why not? Also why not just put on the ballot as an initiative a proposal to END the Death Penalty? I don't propose to the public that my ideas are original, but I do believe that they place the true power in the hands of the people. And that leaves us to depend less on our "Governors" to make political decisions on our lives. Other than this, the public can join in more pointed efforts to help save my life. The information of which can be gained from my website (www.tonyegbunaford.com) and supporting links.

What do you feel is necessary to begin the process of abolishing the death sentence in the United States?

Abolishing the Death Penalty in this country will take the people enacting ballot initiatives to end it. Also, the forming of community boards who'd supervise the reintroduction of prisoners back into the community. The community taking prisons over and initiating those programs that would help people to not look to crime for answers. People who have a vested interest in their community are more apt to not abuse it.

At this time, if there is anything you would like to add to this interview, please do so.

Basically this: Should the state seek a new date on my life, the time for action will be extremely short - from 2 weeks to a month. So, I ask that the people try and remain vigilant. Politicos who say they are against the Death Penalty, please present my case to them and ask them to support us in our efforts. Take the initiative and introduce people to who I am and what my case represents. The support must not only remain, but GROW. Outside the box. CEDP, TCADP, Nazim Hikmet, 4WardEver, ALIVE, The Welfare Poets, Capital X, etc... These and more are at the forefront of this Anti Death Penalty struggle, the struggle for justice. Support of them is support of me. Support of me is support of them. Together we are strong. Together we are unstoppable! Thank you all for the sincere support.

Always
In Strength and In Spirit!
Tony Egbuna Ford

Tony has been called "A Peaceful Artist and Thinker" and this interview with him shows that. He is an honest and compassionate man, loved by many. If anyone reading this interview can help in any way, please contact his website. Thank You