Tuesday, November 19, 2013

From the Death Penalty Information Center: The 2% Death Penalty: How a Minority of Counties Produce Most Death Cases At Enormous Costs to All

Some of this we already knew, but according to this report a small number of counties are responsible for most of the death penalty cases in the United States.

Harris County makes the list, but the report raises questions about the fairness of the system and whether the HPD crime lab has produced tainted evidence for prosecutors. Some people convicted of murder have since been exonerated.

Story probably helps illustrate how the political culture in the local area differs from that elsewhere and nationally.

The Huffington Post reviews the report:

The county that's home to Houston is also the most execution-friendly county in America. Under former District Attorney Johnny B. Holmes and his infamous handlebar mustache, Harris County by itself sent more people to death row (more than 200) than all 49 states other than Texas. When reform-minded District Attorney Pat Lykos (a pro-death penalty Republican, by the way) took over in 2008, she set out to look for innocent people convicted under the lock-'em-up-and-throw-away-the-key approach of her predecessors. Since 2008, there have been 11 exonerations Harris County.

The county has also been beset by scandals at its crime lab. In 2002, an investigation "found cases in which lab results appeared to have been changed to bolster police testimony in criminal cases." As Houston defense attorney John T. Floyd explains, five years later ...
On June 13, 2007, former U.S. Justice Department Inspector Michael Bromwich issued a 400-page report that concluded the crime lab’s DNA and serology departments had made hundreds of “serious and pervasive” mistakes in homicide and sexual assault cases. Bromwich two-year investigation examined more than 3500 cases processed by the crime lab over the previous quarter century. 135 of those were DNA cases handled by the crime lab between 1992 and 2002, Bromwich’s investigators found “major issues” in 43 of those cases, and, even more disturbing, found “major issues” in 4 of the 18 death penalty cases it examined . . .

For more than two decades forensic analysts with the lab appear to have deliberately presented false or misleading testimony designed to satisfy the District Attorney’s Office need for a conviction. And when the analysts were not giving false testimony, they were neglecting to conduct tests that would have either exonerated the accused or cast doubt on the test findings the prosecution needed for conviction.
As late as April 2013, Harris County was investigating how a crime lab technician remained on the job for years, helping to win convictions in thousands of cases, despite "a high error rate," and "a dubious understanding of the chemistry involved in the job."

Lykos was defeated last year in her bid for reelection, in part because of her efforts to divert first-time DWI offenders, and a policy of not pressing felony charges for "trace" amounts of drugs. Former state judge Mike Anderson beat Lykos in the Republican primary with a promise to return to "the good old days," by which he presumably meant Holmes and his death penalty machine.

In a training session for his assistant district attorneys, conducted earlier this year, Anderson was captured on video giving tribute to Holmes. At one point, he celebrated how Holmes didn't press criminal charges against the Houston police officers who shot and killed Pedro Navaro in 1998. Navarro was unarmed. The police shot the 22-year-old man 21 times during a botched drug raid -- nine times in the back.

Anderson then referred to the Innocence Project -- a group that works to get innocent people out of prison and off death row -- as the "enemy" of prosecutors. He also went on to praise prosecutors who fought against DNA testing in innocence cases. Harris County was already known among prosecutors for negotiating the destruction of DNA evidence into plea bargains, meaning that innocent suspects coerced into false confessions couldn't later ask for the tests that could clear their names. The Houston Chronicle editorialized that the video confirmed critics' "worst fears" about returning to the conviction culture that we now know produced so many exonerations.

Anderson passed away in October. His widow Devon was appointed to replace him, and now serves as the Harris County DA.