"Texas Law of Parties" Bill Denied by the Senate Committee on Criminal Justice

Over 400 inmates reside on Texas death row. Approximately 80 of these inmates have not murdered anyone, and Texas is sure of this. They have been sentenced to die under a law in Texas called "The Texas Law of Parties."

According to the Texas Legislation website, The Texas law of parties (7.02) states that a defendant can be sentenced under the law of Parties when:

(1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense;" of "(2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or (3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense." and 4th "(b) If, in the attempt to carry out a conspiracy to commit felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy."
More on this law can be read here.

According to a posting by death penalty activist Scott Cobb, The Texas House of Representatives passed House Bill 2267, "The Kenneth Foster, Jr Act." Sponsored by Rep. Terri Hodge (D - Dallas), the bill would eliminate the death penalty as a sentencing option under the controversial Texas Law of Parties. It would also require separate trials of codefendants in capital cases.

This bill was sent to me by Terri Bean, death penalty opponent and sister of Jeff Wood, who is convicted under the law of parties:

By: Hodge, Dutton (Senate Sponsor - Hinojosa) H.B. No. 2267
COMMITTEE SUBSTITUTE FOR H.B. No. 2267 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the joint or separate prosecution in capital felony cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 36.09, Code of Criminal Procedure, is amended to read as follows:
Art. 36.09. SEVERANCE ON SEPARATE INDICTMENTS. (a) Two or more defendants who are jointly or separately indicted or complained against for the same offense or any offense growing out of the same transaction may be, in the discretion of the court, tried jointly or separately as to one or more defendants; provided that in any event either defendant may testify for the other or on behalf of the state; and provided further, that in cases in which, upon timely motion to sever, and evidence introduced thereon, it is made known to the court that there is a previous admissible conviction against one defendant or that a joint trial would be prejudicial to any defendant, the court shall order a severance as to the defendant whose joint trial would prejudice the other defendant or defendants.
(b) Notwithstanding Subsection (a), the court may not join two or more defendants in the same criminal trial if any defendant to be tried is indicted or complained against for a capital felony for which the state seeks the death penalty, and the court shall order a severance as to any two or more defendants who are jointly indicted or complained against for a capital felony if the state seeks the death penalty for any one of those defendants.
SECTION 2. The change in law made by this Act applies only to a trial commenced in a criminal case on or after the effective date of this Act. A trial commenced before the effective date of this Act is covered by the law in effect when the trial commenced, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
(witness list)

The bill was named "The Kenneth Foster Jr. Act" after Foster had his death sentenced commuted by Governor Rick Perry in 2007. Foster was the driver, when another man murdered someone, and Foster had also been sentenced under "The Law of Parties'. More on Foster can be read here.

Another inmate sentenced under this law, Jeff Wood's was spared execution on August 2008, so his case could be reviewed. More on Wood can be read here.

On May 21, 2009 The Senate Committee on criminal justice denied the bill stating they would accept one part of the bill stating that defendants under the "Law of parties" could receive separate trials, but requested that the other part eliminating the death sentence for defendants convicted under this law be thrown out. This was a disappointment for anti death penalty organizations and family and friends of those convicted under this bill.

Crystal Wilson, girlfriend of Randy Halprin, a death row inmate convicted under this law couldn't have said it any better when she replied after hearing the rejection of the bill "Governor Perry really disappointed me on Thursday by threatening a veto on our bill if it did not exclude the Law of Parties. We worked long and hard trying to educate others on this very difficult, controversial law. Most people do not understand the Law of Parties; including law makers. It was very disheartening going from office to office having to explain the law to the representatives and their aides; one aide did not even know what the word commute meant so how were supposed to trust that they could relay the information to the representative that is quite literally a matter of life or death??? It is also a constant struggle explaining the the Law of Parties to the public. Most people don't even know that the law exists, let alone what it does!!! Further, Governor Perry doesn't seem to care about the voices of his voters or the citizen's of Texas. The only real hope for change is when he is out of office completely. I am a registered, voting Republican and I am ashamed of his behavior. This not a matter of Republican or Democrat; it is a matter of right and wrong. For Perry to justify killing non-shooters is absurd, and I will do everything I can to support his opponent, Kay Bailey Hutchinson in place of him in the next election. Perry is a disgrace to the state of Texas and I am ashamed to have such an uncompassionate Governor; he never ceases to amaze me. The innocent men on death row convicted under this insane law do not have time for another session. Many will be killed before this law will change. My loved one, Randy Halprin was also convicted under this unjust law. He is innocent of murder, yet is on death row. Where is the justice in that?"

On June 2, 2009 organizations, family friends and protesters are planning an event to protest the 200th execution under the governorship of Texas governor Rick Perry. "Altogether, Texas has executed 438 people since 1982, including 152 under former Texas Governor George W. Bush." according to the website concerning this event. More about this protest can be read here.

The death sentence was once reserved for the most dangerous inmates who committed the most heinous crimes. It is now being used for defendants who never committed murder. Can someone read the mind of his codefendant and know that he is going to commit a murder? Many times, murder was not even planned. Should these men be condemned with a death sentence? There is surely something wrong with the death penalty being done unto one who did not cause death. Society must learn that it is responsible to take into account that until the trigger is pulled, or until the knife breaks skin there is time for the assailant to back out from the crime, and if someone pulled no trigger and broke no skin it cannot "reasonably" be said that he proved beyond doubt that he would not have acted on behalf of his fellow man and victim. His act did not show his intent to never show mercy.

Sources:

Texas Law of Parties

http://www.texaslawofparties.com/executedunderlop.htm

Texas legislation website

http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm

Associated content:

http://www.associatedcontent.com/article/841727/the_texas_law_of_parties_702.html?cat=17

http://www.associatedcontent.com/article/364111/texas_governor_rick_perry_grants_clemency.html?cat=17

Protest the 200th execution website

http://www.protest200executions.com/