[Congressional Record (Bound Edition), Volume 146 (2000), Part 8]
[House]
[Pages 11821-11822]
[From the U.S. Government Publishing Office, www.gpo.gov]



          CALLING ON GOVERNOR BUSH TO SUSPEND TEXAS EXECUTIONS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Rodriguez) is recognized for 5 minutes.
  Mr. RODRIGUEZ. Mr. Speaker, today and last week, I sent a letter to 
Governor Bush asking him to suspend executions in Texas and to form a 
commission to review the administration of the death penalty.
  The moratorium would give the commission time to review the adequacy 
of both legal representation, the advances in DNA technology, and the 
possible biases in the capital sentencing process.
  The support of the use of the death penalty, in appropriate cases, I 
support totally. But we must make sure that we impose the capital 
punishments fairly and without bias. That is basic to our sense of 
justice.
  In light of recent events, I am no longer confident that we in Texas 
are administering the death penalty with the highest standards of 
justice in mind. We should not tolerate the possibility of executing an 
innocent person, especially when we have the means to avoid it.
  Recent reports in the media, other reports and studies that have been 
conducted, have highlighted the mistakes made in capital cases both in 
Texas and throughout the country and in other States around the 
country.
  As my colleagues well know, concerns with the administration of death 
penalty and the adequacy of legal representation prompted Governor 
George Ryan of Illinois to declare a moratorium on executions.
  We have asked Governor Bush and I am pleased that Governor Bush 
recently made a decision to pardon a man wrongly convicted of being 
sentenced for 99 years in prison. His release came, however, after he 
had

[[Page 11822]]

served 16 years and was determined that he had been innocent after DNA 
studies had been conducted.
  With recent efforts to expedite executions and remove many cases for 
appeal, it is possible that similar convictions in Death Row equally 
might be innocent. These executions could be postponed so that we would 
be able to assess those three specific areas that I have mentioned. And 
that is to make sure that we have had adequate legal representation for 
these individuals; secondly, to make sure that, with the new technology 
and with the new advances in forensic technology, the DNA analysis in 
particular, that we have the best opportunity in our history to rule 
out or, at least, to have serious doubts, concerns, and possibilities 
that the defendant or convict in fact committed the specific crime in 
question.
  As we look in terms of the situation where we find ourselves in, I 
ask the Governor to help out in the process of asking the Board of 
Pardon and Paroles to seriously look at assessing our process in Texas. 
And yes, we might have a great operation in San Antonio, but I know 
that each county and each community operates differently.
  I know that a large number of cases in Houston, over 70, that a 
particular district attorney used to brag about the number of people 
that he was sentencing into Death Row. Those types of things need to be 
questioned.
  We have had specific situations where psychologists have utilized 
stereotypes and racial profiling to determine some of those decisions. 
So those biases need to be looked at very carefully. Not to mention, 
and I stress the importance of the technology that we have before us, 
and especially in those cases that there is some sufficient DNA that is 
available where we can go to reaffirm our decision to make sure that in 
those cases we will not be making a mistake.
  I fully understand the plea of victims for the swift administration 
of justice, but justice requires that we know for sure that we are 
applying the ultimate earthly penalty fairly and properly. I am not 
sure that we are doing this at the present time.
  I, therefore, call upon the Governor to help and assist on the Texas 
Board of Pardon and Paroles to look at a commission that would look at 
the process in Texas that is being utilized in each of our communities 
throughout the State. I would ask that we look in terms of what is 
actually occurring and that in those capital cases that we make 
recommendations to make sure we streamline the process.
  Again, I would ask that they look in terms of the legal 
representation that these individuals have received after the 
indications that have come out; secondly, in the new technology and the 
DNA; and thirdly, on the possibility of biases.

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