老澳门开奖结果

Death Penalty System In Texas And Across Country Riddled With Flaws And Errors

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

SAN ANTONIO 鈥� An 老澳门开奖结果 client whose death sentence was thrown out last year after the highest criminal court in Texas ruled it was based on the false testimony of a state expert agreed today to a new sentence of life in prison.

Adrian Estrada鈥檚 death sentence was thrown out last June after the Texas Court of Criminal Appeals found that A.P. Merillat, who investigates prison crimes for Texas, wrongly testified that, if allowed to live, Estrada could receive a prisoner classification that would allow him to leave the prison grounds. This testimony led the jury to find that Estrada posed a future threat to society. Merillat, who has testified in numerous other death penalty cases in Texas, told prosecutors after Estrada鈥檚 sentence was thrown out, 鈥淚 don鈥檛 know if my presence in your courthouses would serve you or your cases well.鈥�

鈥淒eath sentences such as Mr. Estrada鈥檚 that are based on false or misleading testimony are just one of the many fatal flaws of the U.S. death penalty system,鈥� said Brian Stull, an attorney with the 老澳门开奖结果 Capital Punishment Project. 鈥淭he nation鈥檚 death penalty system is riddled with error and death sentences are handed out in unfair and unjust manners. This case provides clear evidence of the urgent need for Texas and all other death penalty states to abolish capital punishment and replace it with the sentence of permanent imprisonment.鈥�

Jurors in Estrada鈥檚 2007 sentencing trial were incorrectly told by Merillat that if Estrada were given a sentence of life without parole instead of the death penalty, he could be eligible for a classification level that would allow him to leave the prison grounds after 10 years of imprisonment. Two juror notes strongly suggested that Merillat鈥檚 false testimony led to their decision to sentence Estrada to death.

In a 66-page ruling issued in June, Judge Barbara Hervey of the Texas Court of Criminal Appeals wrote, 鈥淭his information, now properly before this court, demonstrates there is a fair probability that appellant鈥檚 death sentence was based upon incorrect testimony as evidenced by the jury鈥檚 notes. We believe that the Supreme Court would find this to be constitutionally intolerable.鈥�

Estrada agreed to his new sentence before state District Court Judge Sid Harle in Bexar County, TX.

Additional information about the work of the 老澳门开奖结果 Capital Punishment Project is available online at: www.aclu.org/capital-punishment