Texas, G, 1922-2000, Undated

Online content

—

No appeal.
GONZALES, Ysidro, Mexican, hanged at Oakville, Texas, on February 1, 1915.

"San Antonio, Texas, Dec. 29, 191h-Fifty men and boys tonight defended the county jail
at Oakville, Texas, agains the attack of a hundred of more friends of Ysidro Gonzales, a
Mexican convicted today and sentenced to be hanged for the murder of Harry Hinton, a
jailer, according to an Oakville dispatch. The mob, which had gathred with the avowed

intention of liberating Gonzales and Frederico Sanchez, who will be placed on trial to-
morrow as the alleged accomplice in the killing of Hinton, is said to have dispersed

when attempts to gain entrance to the jail were frustrated, Hinton was killed

while alseep at the jail last Thursday night. Gonzales and Sanchez were arrested
Friday and charged with the killing. Another Mexican, who was captured by a mob, was
lynched." ADVERTISER, Montgomery, Alabama, December 30, 191) (3=1;.)

trial would be given Frederico Gonzales and “, Sanchez, Mexicans, did a mob desist to-
day in an attempt to lynch them while held on the charge of the murder of Deputy Sheriff
Harry Hinton, of Live Oak County. Accordingly, a special grand jury and petit jury

have been summoned for Monday at Oakville to consider the cases of the men, Hinton was
slain with an iron bar while serving meals to the prisoners in the Oakville jail, San-
chez and Gonzales escaped but later were captured, A third Mexican, accused of passing
the bar into the jail, was lynched by a mob," ADVERTISER, M ntgomery, AL, Dec. 27,

191 (19/7)

GONZALEZ, Ysidro, Hispanic, hanged Oakville, Live Oak Co., TX, 2/1/1915; and
SANCHEZ, Frederico, Hispanic, hanged Oakville, Live Oak Co., TX, 3/3/1915.

“Oakville, TX, 1-2-1915-Two men are to be hanged in the Live Oak County Jail in the
forenoon of February 1, 1935, if the decree of the district court is carried out. The
men are charged with the recent killing of Harry Hinton, deputy sheriff and jailer.

On the night of Dec. 20, Mr. Hinton was choked to death presumably at a time when
he was feeding the two prisoners in the jail. The body was found next morning by
members of his family who became alarmed at his non-appearance at home, and then |
it was discovered that the two prisoners had escaped. Two Mexicans were charged
with the murder and later they were arrestedf. Judge Chambliss convened a special
term of court, charged the grand jury, and indictments were returned against Y.
Gonzalez and a man named Frederico. Judge W. W. Walling came here as s special
judge, the cases were tried and in each case a verdict of guilty was returned. Both of
the defendants were sentenced to be hanged February 1. In connection with these
cases there has been no excitement in this city, nor has there been any semblence of mob
violence on the part of the Mexican residents.”

News, Galveston, TX, January 3, 1915 (8/5).

“Austin, TX, 1-29-1915-At the request of T. R. Baltran, Consul General of Mexico at
San Antonio, Governor Ferguson today granted a respite of 30 days to Frederico
Sanchez, under sentence to be hanged at Oakville, Live Oak Co...The reprieve is
granted to permit an investigation of the claim that Sanchez is under 17 years of age,
and also for further examination of the application for commutation...Consul General
Beltran represents that he has proof that Sanchez is onbly 15 years of age, being a
native of Mexico, born at Monterey.”

News, Galveston, TX 1/30/1915 (5/5).

“Oakville, TX, 2-1-1915-Ysidro Gonzales, convicted of killing Deputy Sheriff Harry
Hinton@ in the county jail December 20, 1914, was executed here. The gallows was set
up in the jail. He was pronounced dead 7 minutes after the trap was sprung, About

100 men of this and adjoining counties were in town.”
News, Galveston, TX, 2/3/1915 (3/3).

“Austin, 3-1-1915-Governor Ferguson has declined to interfere... The principal grounds
for asking commutation of the death sentence to life imprisonment was that Sanchez
was under 17 years of age.”

News, Galveston, TX 3/2/1915 (4/7).

“Oakville, TX, 3-3-1915-The Governor of Texas refusing further to intereced in the
behalf of Frederico Sanchez, sentenced to hang for the death of Jailer Harry Hinton of
Live Oak County, Dec. 20, 1914, he was hanged today by C. L. Tullis, Sheriff of Live
Oak Counmty, in the jail. Sanchez, on Monday was told the Governor had refused to
give him respite and that on Wednesday he would be hanged. He said: ‘Esta Bueno.’
He seemed to think and act as if he had expected it. He enjoyed his food and slept well

Tuesday night sith was ready for his breakfast this morning , and at 11 AM he walked
to the trap. He stood erect, cool and calm, while preperations for the drop were being
made. In 14 minutes he was pronounced dead. The hanging created little excitement,”
News, Galveston, TX, March 4, 1915 (2/7).

No appeal,

GONZALES, Ysidro, Mexican, hanged at Oakville, Texas, on February 1, 1915.

"San Antonio, Texas, Dec. 29, 1914-Fifty men and boys tonight defended +he county jail
at Oakville, Texas, agains the attack of a hundred of more friends of Ysidro Gonzales, a
Mexican convicted today and sentenced to be hanged for the murder of Harry Hinton, a
jailer, according to an Oakville dispatch. ‘ The mob, which had gathred with the avowed
intention of liberating Gonzales and Frederico Sanchez, who will be placed on trial to-
morrow as the alleged accomplice in the killing of Hinton, is said to have dispersed
when attempts to gain entrance to the jail were frustrated. Hinton was killed
while alseep at the jail last Thursday night. Gonzales and Sanchez were arrested
Friday and charged with the killing. Another Mexican, who was captured by a mob, was
lynched." ADVERTISER, Montgomery, Alabama, December 30, 191) (3e1;.)

"San Antonio, Texas, Dec, 26, 191)<Only when Judge Chambliss pled his word that a speedy
trial would be given Frederico Gonzales and-, Sanchez, Mexicans, did a mob desist toe
day in an attempt to lynch them while held on the charge of the murder of Deputy Sheriff
Harry Hinton, of Live Oak County. Accordingly, a special grand jury and petit jury

have been summoned for Monday at Oakville to consider the cases of the men, Hinton was
slain with an iron bar while serving meals to the prisoners in the Oakville jail, San-
chez and Gonzales escaped but later were captured, A third Mexican, accused of passing
the bar aes the jail, was lynched by a mob," ADVERTISER, M ntgomery, AL, Dec. 27,

Uh CTs |

SP ree er potter nrrekchnesmwaeeergmeepr apioennenoceneraune

court that the said George McKinley Grace having appealed from!
the said judgment of this Court to the Court of Criminal Appeals of
Texas, and that the said Court of Criminal Appeals has by its degjJ
sion, on the 22nd day of June A.D. 1921, affirmed the said judgment
of this Court, as is fully shown by the issuance of its Mandate, which
has been duly received and filed in this Court by the Clerk of thig
Court, and the said Mandate having been heard and considered by’
the Court, the defendant, George McKinley Grace, was thereupon
caused to stand up and was then asked by the Court if he had any-
thing to say why the sentence of the Court should not be pronounced @
against him, to which he, the defendant, answered nothing. q

Whereupon the Court in the presence of the said defendant, #
George McKinley Grace, pronounced sentence upon him as follows:
“It is considered and ordered by the Court that the defendant, George @
McKinley Grace, who has been adjudged guilty of Rape, and whose®
punishment has been assessed by the verdict of the jury rendered
against him herein at death, be now taken by the Sheriff to the
place of execution on the 6th day of January, A.D. 1922, in Bexar’
County, Texas, and there be hanged by the neck until he be dead.

And it is further considered and ordered that the Clerk of this’
Court shall issue a warrant for the execution of this sentence of
death, and direct and deliver the same to the Sheriff of Bexar Coun-
ty, Texas, who shall execute the same in the manner provided by law.
And the said defendant is remanded to jail to await the execution @
of this sentence. :

Now, therefore, in consideration of the aforesaid premises, you §
are hereby commanded to execute the said judgment and sentence ®
upon the said George McKinley Grace, in the County of Bexar, State ®
of Texas, at any time after eleven (11) o’clock a.m. and before sunset &
on Friday, the 6th day of January A.D. 1922, by then and there hang-@
ing him, the said George McKinley Grace, by the neck until he is
dead.

In executing this Warrant of Death you will observe all the re-
quirements of the law in such cases made and provided. Herein fail
not and of this writ, and how you have executed the same, make
due return in accordance with law.

Witness my hand and seal of office this the 16th day of Decem-
ber A.D. 1921, by hanging George McKinley Grace, the person named ©
in said within warrant, by

OSCEOLA ARCHER
CLERK OF THE DISTRICT COURTS, 5
BEXAR COUNTY, TEXAS
By: A. W. Harlos, Deputy.

DEATH WARRANT

te Ee

ik heh Mate innate ys Fo

Sheriff’s Return:
199

The within warrant came to hand on the same day that it was
issued, and was executed by me after 11 o’clock and before sunset
on the 6th day of January, A.D. 1922, within the walls of the County
Jail of Bexar County, Texas by hanging George McKinley Grace, the
person named in said within warrant, by the neck until he was dead.
There were present at said execution the following named physicians,
to-wit: Dr. D. Berry, Dr. E. H. Elmendorf and Dr. Edward C. Cla-
vin; and the following named Justice of the Peace of said County:
R. Neil Campbell, and the following freeholders of said County, to-
wit: Bob Greevin, Ed Edgar, Joe Morales, H. Mauermann and
Dave Jones, each and all of whom were so present by my authority.
After the said execution, I caused the body of the said George
McKinley Grace to be decently buried. Returned on this the 6th
day of January, A.D. 1922.

John W. Tobin
Sheriff, Bexar County, Texas

(50 Dollars)

South Flores Street and Dolorosa

200

third count contained in said indictment, which count charges de.
fendant with the offense of Rape, and upon which county defen

dant is alone being tried; the said plea of not guilty was received by
the Court and entered of record upon the minutes. And the jury hay.

ing been impaneled and ‘sworn as aforesaid, and having heard the
indictment read, and the defendant’s plea of not guilty to the thirg’
count contained therein, which count charges defendant with thé
offense of Rape, and having heard the evidence which was submitted

and having been charged by the Court, and having heard the argu-:
ment of counsel, they retired in charge of an officer.

And afterwards, having duly considered their findings, they were |

again brought into open Court by the proper officer, and returned in’
to said Court, in due form of law, on the 22nd day of Jan. A.D. 1921)
the defendant and his counsel then and there being present, the fol-
lowing verdict, which was received by the court and then read by the

Clerk, and which is now entered upon the minutes of the Court as@

follows, to-wit:

“We, the Jurors find the defendant guilty and assess his punish-"
ment at death.” 4

Louis Witt,
Foreman

FILED JAN. 22, 1921
OSCEOLA ARCHER

Clerk of the District Courts,
Bexar County, Texas

By: A. W. Harlos, Deputy

It is therefore considered, ordered and adjudged by the Court

that the defendant, George McKinley Grace, is guilty of the offense =

of Rape, to which he has pleaded not guilty, and that he be punished, =

as has been determined by the jury, at death.
It is further ordered by the Court, that the State of Texas, do -

have and recover of and from George McKinley Grace, the defendant, ©

all the costs of the prosecution, for which execution may issue, and —

that the defendant be remanded to jail, there to remain in custody to |

await the further order of this Court.

and whereas, afterwards on, to-wit, the 22nd day of June A.D.
1921, in the Court of Criminal Appeals of the State of Texas, the »
said judgment of the District Court was affirmed, the mandate of
said Court having been received and being now on file in my office,
as follows, to-wit:

THE STATE OF TEXAS
TO THE DISTRICT COURT OF BEXAR COUNTY, GREETING:

Before the Court of Criminal Appeals, on the 22nd day of June,
A.D. 1921, the cause upon Appeal to revise or reverse your judgment

197

petween

No. 6305 George McKinley Grace, Appellant,

vs.
The State of Texas, Appellee,

was determined ; and therein our said Court of Criminal Appeals made
its order in these words:

“This cause came on to be heard on the transcript of the record
of the Court below, and the same being inspected, because it is the
opinion of this Court that there was no error in the judgment, it is
ordered, adjudged and decreed by the Court that the judgment be
in all things affirmed and that this decision be certified below for

observance.”

WHEREFORE, we command you to observe the order of our
said Court of Criminal Appeals in this behalf; and in all things to
have it duly recognized, obeyed and executed.

7 WITNESS, the HON. W. C. MORROW, Presiding Judge of our
said Court of Criminal Appeals, with the seal thereof annexed, at
the City of Austin, this 25 day of November A.D. 1921.

O. C. Kirven, Clerk
Olin W. Finger, Deputy Clerk

(SEAL)

FILED Nov. 26, 1921
OSCEOLA ARCHER

Clerk of the District Courts,
Bexar County, Texas

By A. W. Harlos, Deputy.

And whereas, afterwards, to-wit, on the 29th day of November
AD. 1921 the District Court of Bexar County, Texas, pronounced
sentence upon the said George McKinley Grace in accordance with
its judgment aforesaid, which said sentence is as follows, to-wit:

THE STATE OF TEXAS
Vs. Number 27753

George McKinley Grace

On this 29th day of November A.D. 1921, in the above entitled
and numbered cause, again appeared in open Court the parties, the
State by her District Attorney, and the defendant, George McKinley
Grace, who was brought in person before the Court by the Sheriff
for the purpose of having the sentence of the law pronounced upon
him in accordance with the verdict and judgment heretofore, on to-
wit: the 20th day of January A.D. 1921, rendered in the court against
him, his counsel also being present in court, and it appearing to the

198

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18 SOUTHWESTERN -2nd= 160
Willie GRADY, black, el ectrocuted Texas State Prison (Hunt) on July 25, 1929,

"Huntésville, Texas, July 26, 1929-Maintaining his innocence of an attack on Mrs, Vada
Roberts of Greenville, ast October, Willie Grady, 20, negro went to his death in the
electric chair of the state penitentiary early today. Referring to the person he declared
committed the crime, Grady said: 'I'll pray to the Lord to have mercy on his soul, I hope
you will catch him some daye' The negro praised the Hunt County sheriff and the Greenville
chief of police and shook hands with them as he was being strapped to the chair, He asked
the sheriff to look after his mother and said he hoped that the officer always held his
office, 'Be brave,' was the parting admonition of Juan Flores, whose execution has been
stayed ten times and who is now scheduled to die Tuesday, 'I am, Juan,’ the negro replied,
'God bless you,' As Grady walked to the death chambeh, Marshal Ratliff, condemned Cisco
'Santa Claus Bank Bandit,' struck up 'When the Roll Is Called Up Yonder’ on his portable
phonograph," DAILY TIMES HERALD, Dallas, Texas, 7-26-1929 (1/6. )

"Greenville, Tex., Oct, 30, 1928-With three of thenecessary twelve jurors selected up to ll
o'clock this morning, attorneys this afternoon were continuing their task of examining the
special venire of 150 men summoned in the case of the state againstWillie Grady, 20-year-old
negro, indicted on charges alleging criminal assault upon a white woman, The case is on
trial in the 8th District Court here. State Rangers J, P, Huddleston of Dallas and J. W.
Aldrich of headquarters company, Austin, are on duty here as a precautionary measure. All
witnesses were searched for weapons before being allowed to enter the courtroom, while all
spectators have been barred during the selection of the jury fromthe special venire of

150 men," DALLY TIMES HERALD, Dallas, Texas, 10/30/1928 (2=l)

‘Texas executes

Beet SO Pls ese t sit Hd

eee a

ath row inmate

Left: Anti-death
penalty protesters
Heather Brumeister,
in red, and Elissa
Ross embrace after
hearing the Texas
Board of Pardons
and Parole turned
down a reprieve for
convicted killer Gary
Graham in
Huntsville, Texas,
Thursday.

Below: A Texas
Depariment of
Public Safety officer
watches as
demonstrators circle
the Governor's
Mansion in Austin,
Texas, in protest of
the scheduled
execution.

By MICHAEL GRACZYK
Associated Press Writer

HUNTSVILLE, Texas — Gary Graham,subject of
the most contentious Texas death penalty ase since
Gov. George W. Bush began running for president,
was executed Thursday night for a 1981 murder he
said he did not commit.

Graham, 36, received a lethal
injection for the killing ofa man in
a holdup outside a Houston
supermarket. The state parole
board and appeals courtsrejected
his arguments that he was con-
victed on shaky evidence from a
single eyewitness and thathis trial

lawyer did a poor job.
Graham, who had vowed to
: . “fight like hell” on the tip to the
Graham death chamber, put up astruggle.
He was strapped to the gurney
around his wrists and across his head — more
restraints than are normally used in Texas executions.

Please see Execution, 6-A
SNORE eR ane ane RIE IN Henesdciss¥t-se Pee

Contentious case ends with lethal injection

Fort Worth g

_ By KAYE NORTHCOTT
Fort Worth Star-Telegram Austin Bureau

AUSTIN — Barring a successful last-
minute appeal, Kenneth Granviel is sched-
uled to die early tomorrow for the 1974
stabbing death of a 2-year-old Fort Worth
girl.

Granviel, 41, was tried twice and found
guilty of killing Natasha McClendon at the
old Riverside Village Apartments in south-
east Fort Worth.

If Granviel’s execution by injection pro-
ceeds on ¢chedule, he will the ninth Texas
prisoner té-be put to death this year and the
5st since the death penalty was reinstated.

Danny Burns, Granviel’s Fort Worth at-
tomey, yesterday filed a new writ with U.S.
District Judge Eldon B. Mahon. Burns said
the argument in the new appeal is “Kenneth
is just too crazy to be executed.”

“The Supreme Court has ruled that if
you're incompetent and you do not realize
you're about to be killed, they can’t kill
you,” he said.

Granviel confessed to killing seven ac-

Man, 41, confessed to killing 7 in 1974

quaintances, five women and two children,
in two deadly episodes. All but one of the
women were raped, according to court
records.

Natasha died along with her mother Mar-
tha McClendon, Martha’s sisters Linda
McClendon and Laura McClendon, and
Laura’s 3-year-old son Steven on Oct. 7,
1974.

“This was rape and murder with a knife.
It was quite a scene to see young children in
the photographs [of the crime scene]. There
was a great deal of carnage,” said Greg
Pipes, an assistant district attorney who
tried the case.

Granviel surrendered to police Feb. 8,
1975S.

Pipes said Granviel later admitted killing
two other women at his apartment two
months after the McClendon slayings.

According to an information sheet pro-
vided by the Texas Department of Cnminal

Justice, Granviel led authorities to the bod-
ies of Vera Hill and Betty Williams. One
had been raped and both had been stabbed
to death.

Granviel’s first conviction was overturn-
ed on the grounds that jurors were improp-
erly disqualified after being questioned
about their views on the death penalty. He
was convicted a second time in 1983.

His case has been to the U.S. Supreme
Court several times and to the Texas Court
of Criminal Appeals seven times.

On Monday, the Texas Gourt of Criminal
Appeals turned down the seventh wnit filed
on Granviel’s behalf.

Burns said his new wnt includes evidence
from a former prison psychiatnst that
Granviel is not in touch with reality.

“The doctors say he can mouth words but
he doesn't understand. He says if they kill
him can he come back and visit,” Burns
recounted.

bo (3(G2

irl’s killer to die tomorrow

mH. Worth Star Teleagroin

Granviel displayed irrational behaviorin
the courtroom on at least one occasion, but
Fort Worth prosecutors argued successfully
that he was competent to stand trial.

In 1988, Granviel interrupted a federal
hearing for about !5 minutes saying he

“needed to get his passport so he could prove
his identity.

David Talbot, Gov. Ann Richards’ gen-
eral counsel, said the governor has not been
contacted about a last-minute reprieve for
Granviel.

Granviel originally was scheduled to be-
come the state’s first prisoner to be execut-
ed by injection in September 1977. His
execution date, however, was stayed as de-
fense attorneys challenged the constitu-
tionality of the then-new execution meth-
od.

“It is probable his execution will go
through as scheduled. We have reviewed
the file and I have a briefing for the gover-
nor,” Talbot said.

This report contains information
from The Associated Press.

Killer’s attorneys wei

Rew 2 G

DNAUGS thlern:.

4
,

[3/9z

igh appeals

Man set to be executed Thursday in 1974 slaying of girl, 2, in FW

By Michael Graczyk
Associated Press

HUNTSVILLE, Texas — Attor-
neys for Texas death row inmate
Kenneth Granviel were consider
ing appeals to trv to keep the con-
victed killer from being put to
death early Thursday. ;

Mr. Granviel, 41, faced letha! in-
jection for killing a 2-year-old gir)
in a 1974 incident in Fort Worth. Na-
tasha McClendon was one of five
people killed Oct. 7, 1974, and one of
seven people Mr. Granviel has ad-
mitted murdering. ,

State attorneys have character-
ized the former machinist as a
likely candidate for execution be-
fore dawn Thursday. He would be
the ninth convicted killer to be put
to death in Texas this year and the
Sist since the state resumed capital
punishment in 1982. The totals are
by far the highest in the nation.

Mr. Granviel originally was
scheduled to become the state’s
first prisoner to be executed by in-
jection in September 1977. His exe-
cution date, however, was stayed as
defense attorneys challenged the
constitutionality of the then-new

execution method.

In 1981, his conviction was over-
turned by the Sth U-S. Circuit Court
of Appeals in New Orleans. He was
retried two years later, convicted
and again sentenced to death.

The Texas Court of Criminal
Appeals, the state’s highest crimi-
nal appeals court, on Monday de-
nied writs filed by Mr. Granviel’s
attorneys.

“The ball is back in their court,”
Tarrant County assistant district at-
torney Edward Wilkinson said
Tuesday.

Mr. Granviel’s attorney, Dan
Burns, was busy with appeals and
was not available to speak about the
case, a secretary at his office said
Tuesday.

Mr. Wilkinson said the most re-
cent appeals rejected by the Court
of Criminal Appeals contended that
Mr. Granviel’s execution would be
unconstitutional because he is men-
tally incompetent. An earlier writ
also rejected by the court con-
tended that Mr. Granviel’s jury was
not allowed to consider mitigating
evidence that he is a paranoid
schizophrenic.

Attorneys also have prepared
appeals to be considered by the U‘S.
Supreme Court, Mr. Wilkinson said.

Mr. Granviel confessed to killing
seven people — five of them mem-
bers of the same family — during
four months of 1974 and 1975. He
was tried for the murder of Natasha
McClendon, who was stabbed to
death along with her mother, Mar-
tha, and three other relatives at an
apartment complex in Fort Worth.
Each had been stabbed with a
butcher knife.

Mr.,Granviel said he killed the
girl “because she started hollering
and somebody was beating on the
front door.”

He contended that uncontroll-
able sexual urges forced him into
the rape-murder spree.

He surrendered to police on Feb.
8, 1975, after raping a woman and
abducting another and holding sev-
eral people hostage at a Fort Worth
house. He later admitted Killing two
friends, Betty Williams and Vera
Hill. Both women had been raped,
and they were fatally stabbed with
a knife. Mr. Granviel led police to
their bodies.

POM uk

Killer’
death ss."

&/4/4z
Competency issu

leads to Granviel stay

By BILL HANNA
AND LYDIA LUM
Fon Worth Sur-Telegram

The U.S. Supreme Court yester-
day granted convicted capital mur-
derer Kenneth Granviel of Fort
Worth a stay of execution until the
court can resolve a legal question
raised ina California case on appeal.

Granviel, 41, was scheduled to
die by lethal injection between mid-
night and dawn today in Huntsville
for the 1974 rape-slaying of 2-year-
old Natasha McClendon of Fort
Worth. The toddler was one of five
family members killed at their
apartment.

But about 5 p.m. yesterday, Su-
preme Court officials faxed orders
postponing the execution after Jus-
tice Antonin Scalia granted the stay
pending review of the California
case. In that case, the court will
determine whether a defendant
should be responsible for proving
his own incompetency to stand trial.

Questions about Granviel’s sani-
ty have defined his defense since his
arrest in connection with the slay-
ings.

Inan appeal filed yesterday morn-
ing in U.S. District Judge Eldon
Mahon’s court in Fort Worth, Gran-
viel’s attorneys argued that his life
should be spared until the court
renders a decision in the other case.

The news was met with elation in
the office of defense attorney Danny
Burns, who had worked feverishly
since Tuesday to save Granviel’s
life. ;

“We're going to go get drunk,”
Burns shouted as the sound of his
electric train’s whistle blew in the
background. “I always blow that
thing when we win.”

But Mahon said the matter was
“just put on hold” until the nation’s
highest court decides the legal ques-
tion. Once the Supreme Court issues
a decision, the question of whether:
Granviel will be executed returns to.
his court, Mahon said. The judge
said he does not know when the
California case is set for review.

In their appeal, Granviel’s attor-;

(More on STAY on Page 18)

Stay

Neys pursued three strategies sug-
gesting that their client was “too
crazy"’ to be executed. Burns said.

Granviel is one of 23 Tarrant
County Death Row inmates and
would have been the 5Ist person to
die in Texas since the death penalty
was reinstated in 1977.

Granviel was originally sched-
uled €6 be the first person to die
when capital punishment resumed,
but he received a stay after defense
attomeys challenged the constitu-
uonality of the then-new lethal in-
jection method.

Granviel’s conviction later was
thrown out because of an error in
jury selection. He received a second
tnal and was convicted agzin in
1983.

Prosecutors in both tnals de-
scribe him as one of the most dan-
gerous criminals they ever tried.

“I think Kenneth was one of those
people who liked to hurt people,”
said Jack Strickland, who prosecut-
ed Granviel in his first trial.

Ever since Granviel tumed him-
self in to authorities in 1975, de-
fense attormmeys have raised the issue
of Granviel’s mental competency,
Strickland said. He said the courts
have had “to balance Kenneth’s
dangerousness against the question
of his sanity” at every court pro-
ceeding.

“I think he stretches the limits of
legal sanity to the breaking point,”
said Strickland, now a defense law-
yer.

But Assistant District Attorney
Greg Pipes, who prosecuted the sec-
ond trial, said Granviel should be
put to death,

’“T think he’s a perfect example of
why we have thé death penalty,”
Pipes said.

In addition to killing Natasha
McClendon, Granviel confessed to
killing her mother, Martha McClen-
don; Martha McClendon's sisters,
Linda McClendon and Laura
McClendon; and Laura McClen-
don’s 3-year-old son, Steve. All but
one of the women were raped.

Granviel admitted to killing two
other women at his apartment two
months after the McClendon kill-
ings. He led police to the bodies of
Vera Hill and Betty Williams. One
had been sexually assaulted and
both were stabbed.

For Burns, yesterday was anemo-
tional roller coaster as he desperate-
ly tried to win Granviela reprieve.

In one last-ditch maneuver,
Burns asked Mahon whether Burns
or a psychiatrist could monitor a
state psychiatric exam of Granviel.
The judge did not rule on Burns’
request because Granviel had al-
ready refused to submit to theevalu-
ation without his lawyer present.

From Page [3°

Justices refuse to hear four appeals from Texas’

By Steve McGonigle
Washington Bureau of The Dalles Morming News
WASHINGTON — The US. Su-
preme Court declined Tuesday to
hear the appeal of Texas death row
inmate Kenneth Granviel, the con-
fessed killer of a 2-year-old Fort
Worth girl and four members of her
family in 1974.

The justices also rejected the
appeals of two other condemned

@ Abortion case set. 3A

Texas inmates, and Associate Jus-
tice Byron White declined to halt
next month's scheduled execution
of a third man, formerly of
Mesquite.

Associate Justices William Bren-
nan and Thurgood Marshall, who
are staunch opponents of capital
punishment, dissented from the de-

cisions to deny hearings for the
three inmates.

Attorneys for Mr. Granviel based
his appeal on the allegation that his
1983 trial was unfair because pro-
secutors were allowed to use a de-
fense psychiatrist's report to rebut
Mr. Granviel's insanity argument.

Mr. Granviel was convicted and
sentenced to die by a jury for the
murder of Natasha McClendon of
Fort Worth. The child was stabbed

to death, along with two cousins
and two aunts. Both of the aunts
also were raped.

Mr. Granviel confessed to all
five slayings but only was tried for
Natasha's slaying.

In the case of Ricky Don Black-
mon of Mesquite, the denial of his
appeal for a stay clears the way for
his execution by injection for a
March 1987 murder. Mr. Blackmon
was convicted of hacking Carl J.

Hinkle to death with a homemade
sword in the victim's home near the
Texas-Louisiana border.

Mr. Blackmon confessed to the
murder but argued in his appeal
that the confession was invalid be-
cause it was obtained after his ar-
rest on an unrelated traffic charge.
He also argued that prosecutors ille-
gally introduced evidence that he
committed a second, similar-style
murder in Enid, Okla.

ee
ieatn row -

The other capital murder
appeals rejected by the court Tues-
day involved Larry Wayne White of
Harris County and Alberto Vatdez
of Nueces County.

Mr. White was convicted of the
1977 robbery-murder of an elderly
widow, Elizabeth St. John, in her
Houston apartment. Mr. Valdez was
Sentenced to die for the 1987 mur- ;
der of J.D. Bock, a Corpus Christi

police officer.

ALLAS MORNING NEWS WED. $-30-90

Were ene tee. S

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TEXAS

PRESS CLIPPING BUREAU

DALLAS
Established 1910

Houston, TX
Post

(Cir. D. 376,883)
Cir. S. 440,136)

UN 4 ~ 1999

Supreme Court gives killer of 2-year-old girl stay of execution

“ ‘ C . f ‘
xaebMAreo PRESS »

“ZHUNTSVILLE — The U.S.

Supreme Court halted the sched-
~ tiled execution of convicted killer:

Kenneth Granviel late Wednes-
day, about six hours before he
was to have been given lethal in-
jection for the 1974 slaying of a 2-
year-old Fort Worth girl. »

Attorneys for Granviel con-
tended their client was mentally
incompetent and insane and
should not be executed for the
slaying, one of seven Granviel has
confessed committing. Granviel,
41, had faced lethal injection be-
fore dawn today for fatally stab-

bing Natasha ‘McClendon nearly

18 years ago. a

-In the writ ruled on by ‘the Su-

preme Court, Granviel’s attor-' |
neys said the competency hearing:

to determine whether he could -

stand trial was unfair.

The Supreme Court, which is
considering the same issue in an-
other case involving a California

Claim, agreed to consider a. re-
quest to hear Granviel’s appeal.

|
v
‘La

i
i

TEXAS
PRESS CLIPPING BUREAU
DALLAS
Established 1910

AUSTIN, TEXAS
Am-Statesman

Cir. D. 180,345

pron: sy Ae,
Hew Tf VOL:

4 ar

HUNTSVILLE (AP) — Attor-

neys for Texas death row inmate
Kenneth Granviel were consider-
ing appeals to try to keep the con-
victed killer from being put to
death early Thursday.
. Granviel, 41, faced lethal injec-
tion for killing a 2-year-old girl in a
1974 incident in Fort Worth. Nata-
sha McClendon was one of five
people killed Oct. 7, 1974, and one
of seven people Granviel has ad-
mitted slaying.

He would be the ninth convicted
killer to be put to death in Texas

oo year and the 61st since the

state resumed capital punishment
in 1982. The totals are by far the
highest in the nation.

Granviel originally was sched-
uled to become the state’s first
prisoner to be executed by injec-
tion in September 1977. His execu-
tion date, however, was stayed as
defense attorneys challenged the
constitutionality of the then-new
execution method. | '

In 1981, his conviction was over-
turned by the 5th U.S. Circuit
Court of Appeals in New Orleans.
He was retried two years later,
convicted and again sentenced to

awyers trying to stop Granviel execution

death.

The Texas Court of Criminal
Appeals, the state’s highest crimi-
nal appeals court, on Monday de-
nied writs filed by Granviel’s

- attorneys.

“The ball is back in their court,”
Tarrant County assistant district
attorney Edward Wilkinson said
Tuesday. “They might try again in
state court.”

Granviel’s attorney, Dan Burns,
was busy with appeals and was not
available to speak about the case; a
secretary at his office said

Tuesday.

TEXAS
PRESS CLIPPING BUREAU
DALLAS
Established 1910

San Antonio, TX
Express News
(Cir. D. 183,814)

JUN 4 > 1992

Associated Press

HUNTSVILLE — The U.S. Su-
preme Court halted the. scheduled
execution of convicted killer Ken-
neth . Granviel late Wednesday,
about six hours before he was to
have been given lethal injection for
the 1974 slaying of a 2-year-old Fort
Worth girl. . es

Attorneys for Granviel con-
tended their client was. mentally
incompetent and insane and should
not be executed for the slaying,
one of seven people Granviel has
confessed to killing.

Granviel, 41, had faced lethal in-
jection before dawn Thursday for
fatally stabbing Natasha McClen-
don nearly 18 years ago.

Hearing unfair

In the writ ruled on by the Su-

reme Court, Granviel’s attorneys
said the competency hearing to de-
termine whether he could stand
trial was unfair.

The Supreme Court, which is
considering the same issue in a
case involving a California claim,
agreed to hear Granviel’s appeal.

“That will be dealt with in the
normal course of business,” court

keswoman Toni House said.

No vote was noted in the court's
decision, although the lack of a dis-

' mentally ill person, and all his

claims have really highlighted
that,” said Mandy Welch, one of his
attorneys. “we're glad that the
court has shown some concern for
that.”

Kenneth Granviel, 41, was con-
victed of the murder of a 2-
year-old girl.

Lawyers also had filed a 45-page
petition with a federal court in
Fort Worth contending Granviel
was insane and led a ‘lifetime of
trauma” because of paranoid
schizophrenia. They also argued
jurors were not allowed to Ccon-
sider Granviel’s mental problems
before they sentenced him to
death.

Those claims remained unre-
solved before the district court.

State attorneys sent a psychia-
trist to Granviel’s prison cell Wed-
nesday to examine him and be-
lieved the former machinist would
not be disqualified from execution.

TEXAS
PRESS CLIPPING BUREAU
DALLAS
Established 1910

Fort Worth, TX
Star Telegram

(Clr. D. 256,765) °
(Cir. S.

JUN 3 0 1892

3 e
High court
495

From StalTand Wire Reports

WASHINGTON — Kenneth
Granviel, the self-confessed killer of
_ seven people in Fort Worth 18 years
ago, yesterday lost his death sen-
tence appeal for slaying a 2-year-old
girlin arape and murder rampage.
The U.S. Supreme Court, without
comment, let stand rulings that
Granviel received a fair trial and
proper sentence. The high court ear-
lier ordered Granviel’s June 3 ex-
ecution postponed until it had a
chance to consider the appeal.
Still pending before the Supreme
Court is another Granviel appeal,
one that raises the same issue the

justices agreed on June 8 to study in
the case of Death Row inmate Gary
Graham — whether a_ since-
changed provision of Texas’ death-
penalty law unfairly limited how ju-
rors consider mitigating evidence.
A decision in Graham's case is

‘expected sometime in 1993.

Granviel twice has been con-
victed and sentenced to die in the
October 1974 slaying of 2-year-old
Natasha McClendon, who was fa-
tally stabbed in a Riverside Village
apartment where her mother, two
aunts and a 2-year-old cousin also

.were killed. The three women were

raped before they where slain, one

by strangulation and two by stab-
bing. The cousin also was stabbed.

Granviel told police he killed Na-
tasha “because she started hollering

and somebody was beating on the .

front door.”

Athistrial, Granviel testified that
as he stabbed Natasha “I could see it
happening. But there was nothing I
could do about it. I could see myself
stabbing this little girl 1 used to play
with, I used to buy candy for.”

Granviel was tried only in Na-
tasha’s death, although prosecutors
said he also had confessed to the
Feb. 8, 1975, rape-slaying of one

~—

upholds Granviel’s death sentence

woman and the stabbing death of
another who came to his Prince Hall
Garden apartment while he was as-
saulting the first.

Accompanied by a clergyman,
Granviel surrendered to Fort Worth
police on Feb. 8, 1975, and admit-
ted to the seven slayings.

He was convicted in 1975 and
sentenced to die for the youngster's
slaying, but the 5th U.S. Circuit

Court of appeals in 1981 granteda .

new trial on the basis of error in jury
selection.

Retried in 1983, he again was
convicted of — murder and
sentenced to death. ”

Kenneth Granviel: Prosecutors say
he killed 7 people 18 years ago. “)

110 Tex. 552 SOUTH WESTERN REPORTER, 2d SERIES

after he has been found guilty, jury finds,
inter alia, that “the conduct of the defend-
ant that caused the death of the deceased
was committed deliberately and with the
reasonable expectation that the death of
the deceased would result,” does not mean
that defendant’s conduct must be a premed-
itated act. Vernon's Ann.C.C.P. art. 387.-
071(b)(1).
See publication Words and Phrases
for other judicial constructions and
definitions.

29. Homicide e= 354

In proceeding in which accused was
convicted of capital murder and was sen-
tenced to death, evidence supported finding
that accused’s conduct, which caused vic-
tim’s death, was committed deliberately and
with a reasonable expectation that the
death would result. V.T.C.A., Penal Code
§ 19.03(a)(2); Vernon's Ann.C.C.P. art. 81.-
071(b)(1).

30. Homicide e= 354 '

In proceeding in which accused was
convicted of capital murder and was sen-
tenced to death, evidence supported finding
that there was 4 probability that accused
would commit criminal acts of violence
which would constitute continuing threat
to society. V.T.C.A., Penal Code § 19.-
03(a)(2); Vernon’s Ann.C.C.P. art. 37.-
071(b)(2).

31. Jury #84

Statute, which requires that prospec-
tive jurors be informed of mandatory death
sentence or life imprisonment on conviction
of a capital felony and that a juror be
disqualified unless he states under oath that
such mandatory punishment will not affect
his deliberation of any issue of fact, is not
unconstitutional on theory that it denies an
accused the right to be tried by 4 represent-
ative jury during guilt-innocence stage or
trial. V.T.C.A., Penal Code § 12.31(b).

32. Constitutional Law @= 250.2(4)

Jury 58

Accused, who was convicted of capital
murder and sentenced to death, was not
denied equal protection on theory that a

ee en

different jury selection process was em-
ployed against class of persons accused of
capital crimes without any rational or rea-
sonable justification for applying such pro-
cedure. V.T.C.A,, Penal Code §§ 12.31(b),
19.08(a)(2); Vernon’s Ann.C.C.P. arts. 35.16
(b), 37.071, 37.701(b)1, 2).

Charles Dickens and Frank W. Sullivan,
Ill, Fort Worth, for appellant.

Tim C. Curry, Dist. Atty., and Marvin
Collins, Asst. Dist. Atty., Fort Worth, Jim
D. Vollers, State’s Atty., and David S.
McAngus, Asst. State’s Atty., Austin, for
the State.

OPINION

GUPTON, Judge.

The offense is capital murder under V.T.
C.A., Penal Code, Sec, 19.08(aX(2); the pun-
ishment, death.

Appellant was charged with the killing of
Natasha McClendon while in the course of
committing rape on another , person. The
sufficiency of the evidence to support the
jury's verdict of guilty is not challenged.
The record reflects that on October 7, 1974,
appellant left work at 8:00 p. m. and drove
to his apartment, where he watched the
first half of a televised football game with
his roommate. Appellant then decided to
“go riding” because he wasn’t enjoying the
game. He drove through his apartment
complex to the McClendon apartment,
which was located in the same complex.
While driving around the block, appellant
“got this urge to have sex” with Laura
McClendon, although they had never had
intercourse previously. Appellant testified
he had known the McClendon girls! for
approximately three years. He parked his
car in front of the McClendon apartment
and remained seated in it for several min-
utes. Through the open window of the
apartment, he was able to see Laura inside.

At approximately 10 p. m. appellant
walked up to the apartment and found the

Laura and Martha McClendon were sisters. Linda McClendon was a cousin.

GRANVIEL v. STATE Tex WL

Cite as 552 S.W.2d 107

front door open. Appellant knocked and
Laura invited him in. After some conver-
sation, appellant asked for 2 drink of water.
At that point, he was only interested in
finishing the water and leaving. However,
he returned the glass to the kitchen where
Laura was cleaning the stove and her small

son [Steven] was playing. Appellant then.

walked up behind Laura and placed a knife,
which he had brought with him, to her
throat. Appellant assumed Laura thought
he was kidding. He told her to place her
arms around him and smile so that Steven
wouldn’t be nervous.

Appellant, Laura and Steven walked to-
ward Laura’s bedroom with appellant lock-
ing the front door and closing the curtains
on the way. Laura then told appellant that
he “didn’t have to take it” at which time he
put the knife in his back pocket. Appellant
had Laura tie her son with a telephone cord
appellant had ripped from the wall when
Steven started crying. Next appellant tore
a bedsheet in strips and bound and gagged
both Steven and Laura. Appellant then
laid Laura and Steven “face down” on the
bed, at which time Martha and her two year
old daughter Natasha entered the apart-
ment with her cousin Linda.

After calling, “Where is Laura?” Martha
entered the bathroom. Natasha entered
Laura’s bedroom, saw appellant and ran to
join her mother in the bathroom. At that
time appellant covered Laura and Steven
with a bedspread and Linda entered the
room. Appellant showed her the knife and
instructed her to lie down beside Laura on
the bed.

Meanwhile, Martha left the bathroom
and went into the livingroom. Appellant
walked up behind her and grabbed her,
throwing her on her head. Appellant then
took Martha to her bedroom and bound her.
He returned her to Laura’s bedroom where
he bound and gagged the remaining mem-
bers of the McClendon family. Appellant
then left the apartment and moved his car.

Upon reentering the apartment, appel-
lant took Laura to the back (Martha's) bed-

room and began removing her clothes. At
this point he cut Laura on the inner thigh

with his knife. Steven began erying and
appellant placed him on a trunk in a closet
of Laura’s room. Laura told appellant that
Steven needed his asthma medication which
appellant then gave him. Appellant raped
Laura, after which they sat and talked for
about an hour.

Steven began crying so appellant stabbed
him several times, thereby breaking his
knife. While appellant was stabbing Ste-
ven, someone knocked on the front door.
Appellant went to the kitchen for another
knife and threw the handle of the broken
knife into the trash can and the blade into
the sink.

Following a second conversation with
Laura, appellant brought Martha to the
back bedroom, where he cut her on both
arms and raped her. Appellant returned to
Laura’s bedroom for Linda; she wasn’t
breathing at that time. Appellant then
stabbed Linda several times. Natasha be-
gan “hollering” 80 appellant stabbed her
several times as she lay on the floor be-
tween the bed and the dresser. He then
“threw her on the bed” and stabbed her
again.

Appellant returned to the back bedroom
and talked with Laura before he began
stabbing Martha and then Laura. Appel-
lant then went through the women’s purses
and removed their money. He left the
apartment, leaving the second knife in the
back bedroom. Laura, Linda, Martha, Na
tasha and Steven McClendon died as the
result of these injuries.

Approximately four months later [Febru-
ary 8, 1975] appellant spent the day playinr
cards with friends. Not long after he re
turned to his apartment, Betty William:
knocked on his front door and asked to us«
the telephone. Afterwards, she asked ap
pellant if he had smoked someone else"
cigarettes that afternoon by mistake. Ap
pellant threw her half a pack, but as shi
opened the door and started to leave he
“had an urge”. Appellant suggested sh:
take a full pack and told her it was in th:
bedroom. As Betty looked for the ciga
rettes, appellant walked up behind her
grabbed her, and “turned her upside dow!

—_——

112 Tex 552 SOUTH WESTERN REPORTER, 24 SERJES GRANVIEL v. STATE
‘ Cite as 552 S.W.2d 107
on her head.” She appeared dazed and 12 hours because by that time he would A No.” lenged her for cause. The court sust:
appellant began removing her clothes. have turned himself in. ty He stated he didn’t believe in that form the challenge and then excused her
| At that point, Vera Hill, the woman with After going to his apartment, appellant 5 of punishment, and that no matter how the jury panel. Appellant's counsel '
| whom appellant lived, began to unlock the and Wanda drove to Rev. R. L. Spearman's : terrible the crime might be, he wouldn't "° objection to her exclusion, nor di
| apartment door. Appellant took a knife home and the three of them proceeded to ; want that on his mind and that this was @ question her. No error 18 shown.
i from the kitchen and stabbed Vera until the police station where appellant gave ; firm conviction that he wouldn't let anyone ware, supra.
she fell. He returned to the bedroom and statements concerning both incidents. t talk him out of. Upon State’s challenge for Mrs. Mattie D. Vernon stated at first
was attempting ‘0 rape Betty when he {1} In three grounds of error appellant cause, the appellant's counsel made no ob- she did not know whether or not she '
heard a Knock on the door He choked asserts (1) YTCA., Penal Code, See. 19.08 jection, nor did he question this person. No ever vite to inflict the death penalty:
Betty to quiet her and then told his friend jg unconstitutional because the punishment error is shown. Boulware, supra. then stated, “I don’t guess I could beca
at the door to return later, —_ he (ap- of death is not the least restrictive means to ; Inez Wallace advised the trial judge be- mean a life is 4 life.’ She then s
pellant] and Vera were fighting. Appellant protect any compelling state interest, (2) fore any questions were asked her that she again that she did not know. Thert
moved Vera body to the kitchen so it could the death penalty sanctions the arbitrary was suffering with hypertension, her feet she stated she would have religious ©
not be visible from the front door. Another — imposition of death as punishment in viola- were swollen, she had physical problems scientious scruples against the death |
knock on the front door went unanswered tion of the Eighth and Fourteenth Amend- and she felt she would be incapacitated for ty, and again stated that she didn’t |
and appellant returned to the bedroom and ments to the U. g, Constitution, and (3) the jury service. The trial judge ruled that she Finally, she responded a8 follows:
raped Betty. In order to alg! pape quiet, geath penalty constitutes cruel and unusual be questioned and “see how it goes” She “Q [PROSECUTOR] Well, as !
appellant tried to wrap her chin and neck — jynishment. These contentions have been stated she believed in the Bible and that no Mrs. Vernon, I am sorry to have to
around the bed post. ag ~~ sabhed We answered adversely to appellant in Jurek v. one should kill anyone. She first stated she you, but we need to know and i!
and struck her = with » hamne ‘ae Texas, 428 US. 262, 96 s.Cct. 2950, 49 could give consideration to the death penal- could not do that, why now is the ti
Hill and Betty —_ both died from the 5, £d.2d 929, and in Jurek v. State, Tex.Cr. ty, but then stated she didn't think she tell us and there s nothing wrong ¥
injuries they received. App. 5 w.2d 934. See also Gregg Y: could personally make decisions which whatsoever.
Appellant left his apartment after al- Georgia, 428 US. 153, 96 S.Ct. 2909, 49 might result in the death of another human A No, I coul dn’t.
tempting to eat « sandwich and drove In his [.Ed.2d 859 and Proffitt v- Florida, 428 being. Thereafter, she stated she had a y 1d not?
car for a while, ending at Wanda Hanson's US. 9A2, 96 S.Ct. 2960, 49 L.Ed.2d 918. deep-seated feeling that would prevent her Q. Foo eee nm
apartment. Wanda was not home, 80 aP- Grounds of error one, fifteen and sixteen from taking part in rendering the death A No, sit.
pellant asked her mother, Lizzie Phillips, if are overruled. : penalty and that she just didn’t believe in it Q And that is—l appreciate your \
he could use her phone. Mrs. Phillips al- (2) In his second ground of error appel- and this was @ firm conviction nobody could us and do you tell us no matter wha
enced *P pellant inte the apart nt, follow- sant alleges the trial court erred in exclud- talk her out of. The State then challenged rene it was if you were the Jur
ing which he bound Mrs. Phillips and her wg , Aggie her for cause. Then the following ques- couldn't vote to give the death pe
two grandchildren. Appellant placed the ing five were of W wrt Kies ons were propoun Jed by the trial court: an
seaning MT il ati a on et OAL US. 510, 88 S.Ct. 1770, 20 L.Bd2d 776 “q THE COURT: Mrs Walat: Tam = Q_ Okay.
of raping Mrs. Fn ips * : : (1968). sure you do feel deep about this. Its 1 take it, Mrs. Vernon, and that
knocked on the front door. | ppellan ; 4 prought tears to your eyes; is that right? affirmative opinion that you have
found a gun under Mrs. Phillips’ mattress Donald L. Harrison stated that, No, I 2 A Yes. :
and held it to the head of the entering could not” ever vote to inflict the death : Q THE COURT: All right i know it's A Yes.
woman. He directed her to the bathroom penalty and that this was @ definite preju- ; : : i All right.

not an easy thing for you to go through
here. The challenge for cause is sus-

and allowed her to keep her son and daugh- dice or fecling he would not change. Upon [PROSECUTOR]: We challenge,

ter with her. Appellant also brought the the State's challenge for cause, appellant's ’ tained, Do you understand Mrs. Wal- Honor.
baby its bottle. counsel stated, “We do not have any ace : lace, nobody is unhappy with you You THE COURT: All right.
Appellant took Mrs. Phillips to the living- tions”, in response to the court’s pari: v ae an eccune® sh. mrs The challenge is slowed and gran
room and raped her. He then went to the he had any a. ee oe i . o 5 (Whereupon Juror Number thirty-six eX- the basis of Witherspoon versus ]
door and motioned for the daughter's hus- penn a Ne nana coals cuseky” ‘ Mrs. Vernon, you are excused fro:
band to come inside. The man ae Sp ee et re Sts oie : The trial court then excused this erson service. (Whereupon, Juror numb
closet and Mrs. Phillips was again taken to 'S shown. Boulware V- State, Tex.CrApp» 4 s person. L -
2 9.W.2d 677 (1976). ; The appellant's counsel made no objection ty-five excused.)

oe igee and raped: — § to her exclusion from the panel did h

In the course of the third rape of Mrs. Homer L. Lipscomb stated: - oa a hg el, nor = ec [3] Then after the challenge Ww:
Phillips, Wanda and her boyfriend entered “Q [PROSECUTOR] You don't think q praca A Pugs o error is shown. tained and after the juror was ©
the apartment. Appellant announced that you could imagine any gort of ease in i , supra. defense counsel excepted to the cour
he and Wanda were going for a ride and which you fec| the death penalty to be Mrs. Ray F. Cox stated that she could nol = INE because she never did say “she

consider the death penalty under any facts automatically vote against the death

t to call the lice for justified, then?
- " ; or circumstances. The State then chal- ty” in every case. Appellant's coun

ordered her family 1

114 Tex. 552 SOUTH WESTERN REPORTER, 2d SERIES

not ask any questions of this person, and
did not timely object to the court’s ruling
excluding her from jury service, His objec-
tion was made after she had been excused
and retired from the venire panel. The
trial judge was present to hear the tone of
voice and observe the demeanor of the per-
son; he certainly interpreted this answer to
mean (as the context shows it to mean),
“No, I couldn’t.” Her responses were tan-
tamount to an admission that her personal
beliefs about the imposition of the death
penalty would prevent her from being an
impartial juror. We find Mrs, Vernon was
not. excused in violation of the standards of
Witherspoon. See White v. State, Tex.Cr.
App., 543 S.W.2d 104 (1976); Tezeno v.
State, Tex.Cr.App., 484 S.W.2d 374. Appel-
jant’s second ground of error is overruled.

Appellant's third ground of error alleges
the indictment is fundamentally defective
for failure to allege the elements of aggra-
vated rape and the name of the victim.

Omitting the formal parts, the indictment
alleges appellant on or about October 7,
1974, “did then and there intentionally and
knowingly cause the death of an individual,
NATASHA McClendon, by cutting the said
NATASHA McCLENDON with a knife,
and that the said Kenneth Granviel was
then and there in the course of committing
and attempting to commit aggravated
rape.”

Appellant's motion to quash the indict-
ment which set forth the same defects now
urged on appeal was filed the 12th day of
the trial and was overruled by the trial
court.

[4,5] In Vaughn v. State, 530 S.W.2d 558,
this Court held an indictment alleging bur-
glary of a habitation with intent to commit
injury to a child could not be challenged on
appeal for failure to name the child absent
a written motion to quash. Appellant’s mo-
tion to quash, filed eleven days after com-
mencement of the trial, was not timely.
Bond v. State, 171 Tex.Cr.R. 119, 345

2. These cases are Gonzales v. State, Tex.Cr.
App., 517 S.W.2d 785; Watts v. State, Tex.Cr.
App., 516 S.W.2d 414; and Earl v. State, Tex.
Cr.App., 514 S.W.2d 273. These cases hold

S.W.2d 520. Appellant may not now com-
plain of the failure to name in the indict-
ment the victim of the aggravated rape.

[6] In Smith v. State, 540 S.W.2d 698,
we held that an indictment for capital mur-
der under Art. 1257, V.A.P.C. was not fun-
damentally defective because it did not set
out the elements of robbery in an indict-
ment charging murder during the commis-
sion or attempted commission of robbery.

Appellant contends the cases relied on in
Smith, supra? are distinguishable because
“the actual commission of the offense of
aggravated rape is a prerequisite to the
commission of capital murder based on ag-
gravated rape” and “the ‘aggravated rape’
in a capital murder case must be a complet-
ed act.” Appellant's argument is without
merit. V.T.C.A., Penal Code, Sec. 19.-
03(a)(2) defines capital murder as murder
committed “in the course of committing or
attempting to commit kidnapping, burglary,
robbery, aggravated rape or arson,” Ap-
pellant was indicted for capital murder in
the course of committing or attempting to
commit aggravated rape. Thus the actual
commission of aggravated rape is not pre-
requisite to the commission of capital mur-
der under Sec. 19.03(a)(2), supra. See and
compare Livingston v. State, Tex.Cr.App.,
542 §.W.2d 655 (1976).

(7) Appellant contends that the attor-
ney-client privilege was violated by the
State’s subpoenaing and calling to the wit-
ness stand psychiatrist John T. Holbrook,
who was appointed to examine appellant at
the request of appellant’s court appointed
counsel. Appellant contends that Dr. Hol-
brook was an agent of appellant's trial
counsel because he was employed to assist
them in the preparation of the defense in
the trial. The appellant's only defense is
that he was insane at the time of the com-
mission of the offense.

On the written request of appellant the
court appointed Charles Dickens and Frank

indictments for burglary with intent to commit

theft and for aggravated robbery need not al-
lege the elements of theft.

GRANVIEL v. STATE Tex. J
Cite as 552 S.W.2d 107

Sullivan, Esquires, practicing attorneys, to
defend him on February 13, 1975. Appel-
lant’s counsel then contacted Dr. Holbrook,
a psychiatrist, some time before April 26,
1975, and requested him to examine appel-
lant in the Tarrant County Jail. These
examinations were made on April 26 and
May 16, 1975. Present at both examina-
tions were the psychiatrist, appellant and
counsel. Dr. Holbrook stated that appel-
lant satisfactorily communicated with him
and responded to his questions during the
examination.

On May 22, 1975, upon counsel's written
motion, the trial court appointed Dr. John
T. Holbrook “to examine the defendant in
the Tarrant County Jail at any and all
times that are convenient both to Dr. John
Holbrook and the Sheriff”. On the same
date the court upon appellant's counsel’s
written notice appointed Dr. M. Jerold May
to administer psychological tests to appel-
lant at his office in Fort Worth, which tests
were made at a later date. On August 9,
1975, upon the State's request the court
appointed Dr. Hugh Brown, a psychiatrist,
to examine appellant at the Tarrant County
Jail. Dr. Brown wrote the court of his
inability to examine appellant because ap-
pellant refused to talk to him without his
counsel being present. Dr. John Methner, a
court appointed psychiatrist requested by
the State, testified that on April 18, 1975,
when he tried to examine the appellant in
the presence of his counsel, he was unable
to do so because appellant refused to talk to
him or cooperate for the examination.
Counsel stated that he advised the appel-
lant that he did not have to talk to the
psychiatrist (Dr. Methner); however, the
psychiatrist did get to observe appellant for
a while.

Art. 46.02, Sec. 2(f), V-A.C.C.P., as
amended August 30, 1971, and effective at
the date of the appointment of Dr. Hol-
brook on May 22, 1975, provides:

“(1) The court may, at its discretion ap-

point disinterested qualified experts to

examine the defendant with regard to his
present competency to stand trial and as
to his sanity, and to testify thereto at any

trial or hearing in connection to the a
gation against the accused

“ * * * * *

(4) No statement made by the defen
during examination into his compete
shall be admitted in evidence against
accused on the issue of guilt in any eri
nal proceeding no matter under what
cumstances such examination takes pl.

(5) Any party may introduce other c

petent testimony regarding the defi

ant’s competency.”

Under this statute, the trial court’s all.
ing Dr. Holbrook to testify was pro;
“[A]ppoint disinterested qualified expert
examine the defendant ” cle:
means that such expert is not appointed
the court as the expert of the State or
defense, but is the court's disinterested
pert. He may appoint such expert at
discretion and without a motion theref:
and either party may subpoena such
ness, Therefore, no attorney-client p
lege exists as to Dr. Holbrook.

In Stultz v. State, 500 S.W.2d 853,
Court said:

“A psychiatric examination is not an
versary proceeding. Its purpose is no
aid in establishment of facts show
that an accused committed certain .
constituting a crime; rather, its sole }
pose is to enable an expert to form
opinion as to an accused’s mental capa
to form a criminal intent.
Because of the intimate, personal
highly subjective nature of a psychia
examination, the presence of a third ;
ty in a legal and non-medical capa
would severely limit the efficacy of
examination .” (Emphasis :
ed)

Compare Walker v. State, 19 Tex.Crii.
176 (1885). See also Gholson v. State, '!
Cr.App., 542 S.W.2d 395 (1976).

Art. 46.08, Sec. 8, V.A.C.C.P. effec
June 19, 1975, provides as follows:

“(a) If notice of intention to raise

insanity defense is filed under Sectic

of this article, the court may, on its «
motion or motion by the defendant,

GRANVIEL v. STATE

Cite as 552 S.W.2d 107

Kenneth GRANVIEL, Appellant,

Vv.

me.

The STATE of Texas, Appellee.
No. 52732.

Court of Criminal Appeals of Texas.

Nov. 10, 1976.
Certiorari Denied May 23, 1977.
See 97 S.Ct. 2642.

Defendant was convicted before the
213th Judicial District Court, Tarrant Coun-
ty, Tom Cave, J., of capital murder and was
sentenced to death, and he appealed. The
Court of Criminal Appeals, Gupton, J., held,
inter alia, that exclusion of certain venire-
person for cause was not error; that attor-
ney-client privilege did not apply in regard
to psychiatrist who was appointed by trial
court to examine defendant on request of
his appointed counsel after such psychiatrist
had examined accused on request of coun-
sel; that statute, which provides in effect
that an accused in a capital case shall be
sentenced to death if, after accused has
been found guilty, jury finds, inter alia,
that there is a probability that he would
commit criminal acts of violence which
would constitute a continuing threat to so-
ciety, is not invalid on theory that it has a
chilling effect on defense of insanity; that
fact that state did not furnish defense with
copy of defendant’s youth council record
until two weeks into trial was not reversible
error; that defendant was not entitled to
relief on basis of contention that selection
of prospective jurors from lists of regis-
tered voters resulted in jurors of above
average income, education and age and in
sexually and racially unbalanced jury pan-
els; and that evidence supported finding

that defendant’s conduct, which caused vic-

tim’s death, was committed deliberately and
with a reasonable expectation that death
would result and supported finding that
there was a probability that defendant
would commit criminal acts of violence
which would constitute a continuing threat
to society.

Judgment affirmed.
Roberts, J., concurred in results.

1. Criminal Law 1213
Homicide @351

Statute pertaining to offense of capital
murder is not unconstitutional on basis of
contentions that the punishment of death is
not the least restrictive means to protect
any compelling state interest, that death
penalty sanctions arbitrary imposition of
death as punishment or that death penalty
constitutes cruel and unusual punishment.
V.T.C.A., Penal Code § 19.08; U.S.C.A.
Const. Amends. 8, 14.

2. Jury 142

No error was shown in regard to exclu-
sion of certain venirepersons for cause after
they expressed opposition to imposition of
death penalty in capital murder case where
defense counsel did not object to exclusion
of such venirepersons or question them.
V.T.C.A., Penal Code § 19.03(a)(2).

3. Jury 108

In capital murder prosecution in which
venireperson stated that she had religious
or conscientious scruples against death pen-
alty and didn’t know whether she could
vote to inflict such a penalty and in which
she subsequently said “no I couldn’t” in
response to the question “I am sorry to
have to push you, but we need to know and
if you could not do that, why now is the
time to tell us and there is nothing wrong
with it whatever,” exclusion of such venire-
person for cause was not error. V.T.C.A.,
Penal Code § 19.03(a)(2).

4. Indictment and Information ¢= 139

Motion to quash indictment was not
timely where it was not filed until eleven
days after commencement of trial.

5. Criminal Law ¢= 1044.1(2)

Accused could not complain on appeal
in regard to fact that indictment, which
charged accused with capital murder in
course of committing or attempting to com-
mit aggravated rape, did not name victim

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1230

cross-examine EPA witnesses on method-
ology and data used to support as much as
eighty percent of the proposed benefits in
some areas, the EPA also violated the dic-
tates of TSCA.

Finally, the EPA failed to provide a rea-
sonable basis for the purported benefits of
its proposed rule by refusing to evaluate
the toxicity of likely substitute products
that will be used to replace asbestos goods.
While the EPA does not have the duty
under TSCA of affirmatively seeking out
and testing all possible substitutes, when
an interested party comes forward with
credible evidence that the planned substi-
tutes present a significant, or even greater,
toxic risk than the substance in question,
the agency must make a formal finding on
the record that its proposed action still is
both reasonable and warranted under
TSCA. ©

We regret that this matter must continue
to take up the valuable time of the agency,
parties and, undoubtedly, future courts.
The requirements of TSCA, however, are
plain, and the EPA cannot deviate from
them to reach its desired result. We there-
fore GRANT the petition for review, VA-
CATE the EPA’s proposed regulation, and
REMAND to the EPA for further proceed-
ings in light of this opinion.” .

On Petition for Review of a Rule of the
Environmental Protection Agency.

ON MOTION FOR CLARIFICATION

Before BROWN, SMITH, and WIENER,
Circuit Judges.

PER CURIAM:

[39] Respondents, the Environmental
Protection Agency (EPA) and William K.
Reilly, seek a clarification of the status of
the phrase 1, or stage 1, provisions in the
challenged rule, which provisions ban, ef-
fective August 27, 1990, the manufacture,
importation, and processing of asbestos-
containing corrugated and flat sheet, as-
bestos clothing, flooring felt, pipeline wrap,
roofing felt, and vinyl/asbestos floor tile,
and any new uses of asbestos. See 40

C.F.R. §§ 763.165(a), .167(a). The rule also -

requires labeling of phase 1 products after

28. Pursuant to the Internal Operating Proce-
dures accompanying Fifth Cir.Loc.R. 47, Judge

U.S. Supreme Cott denied a. Shy /{- //- 7/
Green executed //-/2-9/ Huntrwtle, Texas. a

y _- G.W. GREEN, Petitioner-Appellant,

Lt GX,

9-10-1987

947 FEDERAL REPORTER, 2d SERIES

August 27, 1990, see id. § 763.171(a), and
prohibits the distribution in commerce of
such products after August 27, 1992, see
id. § 763.169(a). See Corrosion Proof Fit-
tings v. EPA, 947 F.2d 1201, 1208 & n. 2-
(5th Cir.1991). , .

Respondents assert that the clarification
is needed because, in part V.D of our opin-
ion, id. at 1228-29, we have held that the
EPA may “ban products that once were,
put no longer are, being produced in the
United States.” Thus, the motion seeks
clarification of the status of any products
that still were being manufactured, import-
ed, or processed on July 12, 1989, which is
the date on which the final rule was issued,
see 54 Fed.Reg. 29,459 (1989), but which
were no longer being manufactured, im-
ported, or processed, as a result of the
stage 1 ban, on the date of our opinion,
which is October 18, 1991.

The motion for clarification is GRANT-
ED. The holding in part V.D of our opin-
ion applies only to products that were not
being manufactured, imported, or pro-
cessed on July 12, 1989, the date of the
rule’s promulgation. To the extent, if any,
that there is doubt as to whether particular |
products are in that category, the EPA
may resolve the factual dispute on remand.

O EKEY NUMBER SYSTEM

aANms

Vv.

James A. COLLINS, Director, Institution-
al Division Texas Department of Crimi-
nal Justice, Respondent-Appellee.

No. 91-6203.

United States Court of Appeals,
Fifth Circuit.

Nov. 9, 1991.

Defendant’s capital murder conviction.

and death sentence were affirmed by the, gi
Brown reserves the right to file a separate opin-° —

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Twelve year-old Susan Denson was
watching television in her second-
floor bedroom.

At 8:15 the doorbell rang. Not
wanting unexpected company to see
her in a nightgown and bathrobe,
Grace retreated upstairs as Johnny
went to the door.

But she froze halfway up the flight
of stairs when her husband moaned,
“Oh, no!”

Glancing over her shoulder, she
caught a glimpse of Johnny strug-
gling with two shadowy figures in
the doorway. After one of the in-
truders stuck a pistol in his face and
forced him to step back, the terrified
housewife bounded to the top of the
stairs.

Grace ran to the master bedroom,
removed her husband’s loaded .38
from a desk.drawer and dashed to
Susan’s room. Hearing footsteps, she
Jlooked up to find a bearded stranger
standing in the hall.

She waved the pistol wildly in his
direction and pulled the trigger. But
nothing happened. The gun was still
in its holster, and the safety strap
held down the hammer.

“Give me the gun, lady,” ordered
Joey Starvaggi. “Do what I tell you,
and nobody gets hurt.”

Taking the man at his word, Grace
handed him the revolver. He pulled
the pistol from the holster and smiled
slightly at the sight of six bullets in
the chambers.

“That’s good,” Starvaggi said.
“Now you and the girl lie face down
on the floor.” The females followed
his instructions, and he covered them
with the thick blanket from Susan’s
bed.

Meanwhile, Johnny Denson tried
to disarm his lone attacker. He
lunged for the gun but missed and
landed hard on the wood floor.

Though Green still had the gun and
the upper hand, he figured the des-
perate act gave him the right to re-
taliate. Besides, after noticing Den-
son’s framed law enforcement
certificates on display in the living
room, the cop-hating bricklayer was
eager to try out the borrowed .38.

Green squeezed the trigger, but the
revolver jammed. Denson was on the
smaller man in a flash and slammed
him up against the wall.

His accomplice’s cries for help
alerted Starvaggi to the danger down-
stairs. He warned the women not to

move a muscle and raced to the res-
cue.

Stopping at the bottom of the stair-
case, Starvaggi saw that the burly
homeowner had his partner in crime
pinned against the wall. Threatening
Denson with his own gun, the rob-
ber insisted that he let Green go.

He simply shook his head, and
Starvaggi repeated his demand. “Turn
him loose or I’ll shoot.”

Denson again refused, and Star-
vaggi hesitated wondering whether
he should make good his threat.

“Shoot him, Joey!” shouted Green.
“He’s a cop! Shoot him!”

The gun barrel blazed, and Denson
collapsed with a serious yet non-fa-
tal wound.

Starvaggi went back upstairs and
returned with the victim’s wife and
daughter, the blanket still over their
heads. As the females shook with
raw fear, their hands were tied with
drapery cord.

Starvaggi fired twice more, and
both bullets struck Denson in the
heart killing him instantly.

Green and Starvaggi argued over
what to do with the women.

“Kill ‘em,” Green snarled. “Aren’t
you going to kill them?”

“I only kill pigs and dopers, never
straights,” Starvaggi answered end-
ing the debate.

He walked to where the females
were huddled together and said in an
apparent effort to justify the murder,
“I killed your old man. He was a
good old man, but he forced me to
do it, you know.”

Seconds later, Susan heard one or
possibly two more men come into
the room. She could not make sense
of the conversation but believed there
were four different voices.

Someone pressed the muzzle of a
handgun against the back of Grace
Denson’s skull and demanded to
know the whereabouts of the family
cash and gun collection. She referred
them to the spare change in her purse
and a couple of weapons under a so-
fa.

The intruders spent the next few
minutes ransacking the house in a
frantic search for valuables. Then one
said in panic-stricken frustration,
“I’m getting out of here, man.”

After ripping the telephones out of
the wall, the gunman gave the wom-
en a parting piece of advice. “Stay
under this blanket for half an hour

or I’ll come back and kill you, too.”

Shadow jammed the getaway car
into reverse and scraped a fender on
the side of the garage backing out of
the driveway. Shifting gears as soon
as the vehicle hit the pavement, he
sped away down the deserted street.
On the highway the gang invento-
ried their loot: the .38-caliber mur-
der weapon, an M-1 carbine, air rifle
and two dollars in coins from the
widow’s handbag. That was all they
had to show for the cold-blooded
crime that would make them the
most-wanted fugitives in the State of
Texas.

To increase the chances of a quick
capture, the Montgomery County
sheriff’s department requested the
immediate assistance of every law
enforcement agency in the area.
Dozens of officers from adjacent
counties and surrounding communi-
ties responded to the urgent appeal
by setting up roadblocks and scour-
ing the countryside.

The discovery of an abandoned au-
to ten miles from the crime scene led
lawmen to assume the fugitives were
on foot. Prison trackers brought in
bloodhounds, but they could not pick
up the scent and the search was sus-
pended at daybreak.

Resuming the manhunt on precious
little sleep, the pursuers found the
teenaged occupants of the ditched
car. Though guilty of taking the ve-
hicle for an illegal Friday night spin,
the joy-riders definitely did not qual-
ify as suspects in the Denson slay-
ing.

At a Monday morning meeting, the
county cops faced the disturbing fact
that they had hit a dead-end. Two
and a half days of round-the-clock
investigation had failed to yield a
single significant clue, and the trail
was getting colder by the hour. It
was time to call in the Texas
Rangers.

By mid-afternoon, Wesley Styles
was on the case. Sitting down with
Chief Deputy Forest Simpson, he in-
quired, “What do we have so far?”

“Next to nothing,” Simpson replied
with customary honesty. “A dead
probation officer with two slugs in
the chest from his own gun and a
very sketchy description of one per-
petrator.”

“That’s not much,” the Ranger con-
ceded.

“It gets worse,” said the exasper-

ated deputy.
We’re not eve
them there wer:
“What do you
“All the wife
that two men b
She was pretty
a matter of fact
“That’s unde
sympathized. “'
“Very mature
Simpson remar
seemed to kee
close attention
down that she
voices and that
pediment.”
Styles tried hi
tle optimism fi
depressed dep
that’s somethin
Two weeks la
veteran Ranger
‘to sag. Despit«
dedieation, the
was no closer
than the night
Then came tl
courtesy of an
to Ranger hea:
According to '
the culprits w.
on an unrelat
played their c:
rious source ;
Martin might :
Wesley Style
arrived at the
bilitation Cen
night the mor
As per their in
waiting for the
room.
Following i:
mandatory re:
suspect’s righ!
“Do you kno
Glenn?”
“Don’t have :
sual comeback.
did not have a
the beads of ne
his forehead g:
“Would it h:
Chief Deputy ‘
gomery Count
Martin visit
nothing.
“You know, t

-ny Carl Densc

night last mon
to death.” Sty!
terror in his ey

ck and kill you, too.”
med the getaway Car
d scraped a fender on
garage backing out of
Shifting gears as soon
hit the pavement, he
vn the deserted street.
vay the gang invento-
: the .38-caliber mur-
1 M-1 carbine, air rifle
irs in coins from the
vag. That was all they
for the cold-blooded
ould make them the
ugitives in the State of

the chances of a quick
Montgomery County
irtment requested the
sistance of every law
agency in the area.
fficers from adjacent
surrounding communi-
d to the urgent appeal
roadblocks and scour-
ryside.
‘ry of an abandoned au-
rom the crime scene led
sume the fugitives were
on trackers brought in
but they could not pick
and the search was sus-
ybreak.
he manhunt on precious
the pursuers found the
cupants of the ditched
guilty of taking the ve-
illegal Friday night spin,
s definitely did not qual-
‘cts in the Denson slay-

lay morning meeting, the
faced the disturbing fact
id hit a dead-end. Two
lays of round-the-clock
yn had failed to yield a
ficant clue, and the trail
colder by the hour. It
to call in the Texas

fternoon, Wesley Styles
case. Sitting down with
ty Forest Simpson, he in-
hat do we have so far?”

aothing,” Simpson replied
mary honesty. “A dead
yfficer with two slugs in
‘rom his own gun and a
iy description of one per-

ot much,” the Ranger con-

worse,” said the exasper-

ated deputy.

We’re not even sure how many of
them there were.”

“What do you mean?”

“All the wife can say for certain is
that two men broke into the house.
She was pretty shook up. Still is, as
a matter of fact.”

“That’s understandable,” Styles
sympathized. “What about the girl?”

“Very mature for twelve years old,”
Simpson remarked admiringly. “She
seemed to keep her head and pay
close attention. She swears up and
down that she heard four different
voices and that one had a speech im-
pediment.”

Styles tried his best to muster a lit-
tle optimism for the benefit of the
depressed deputy. “Well, at least
that’s something to go on.”

Two weeks later, however, even the
veteran Ranger’s morale had started
to sag. Despite their diligence and
‘dedication, the team of investigators
was no closer to cracking the case
than the night of the murder.

Then came the long-awaited break
courtesy of an anonymous phone tip
to Ranger headquarters in Houston.
According to the informant, one of
the culprits was already in custody
on an unrelated burglary. if they
played their cards right, the myste-
rious source surmised, Glenn Earl
Martin might spill his guts.

Wesley Styles and Forest Simpson
arrived at the Harris County Reha-
bilitation Center shortly after mid-
night the morning of December 7:
As per their instructions, Martin was
waiting for them in an interrogation
room.

Following introductions and the
mandatory reading of the anxious
suspect’s rights, the Ranger asked,
“Do you know why we're here,
Glenn?”

“Don’t have any idea,” was his ca-
sual comeback. Martin acted as if he
did not have a care in the world, but
the beads of nervous perspiration on
his forehead gave him away.

“Would it help if I told you that
Chief Deputy Simpson is from Mont-
gomery County?”

Martin visibly shivered but said
nothing.

“You know, the county where John-
ny Carl Denson lived until a Friday
night last month when you shot him
to death.” Styles could tell from the
terror in his eyes that Martin was his

man.

“I didn’t have anything to do with
that,” the pathetic prisoner mumbled.
“I may steal something ever now and
then, but I never killed nobody.”

“Then you better come clean with
us, if you don’t want the needle,”
the Ranger advised.

The mere mention of the death
penalty loosened his tongue. When
Martin finally shut up three hours
later, Styles and Simpson had it all
— names, dates and places.

The shackled suspect took them
later that day to the bridge where
Green and he had tossed the three
stolen firearms into the San Jacinto
River. Police divers had no trouble
recovering the mud-caked weapons
from the shallow water.

Bright and early the next morning
a hundred and fifty miles to the
north, an army of lawmen surround-
ed the East Texas hideout of Green
and Starvaggi on the outskirts of
Jacksonville. Emerging from the mo-
bile home with hands held high, the
pair meekly surrendered.

Detained at Rusk pending their
transfer to Montgomery County, each
confessed to his part in the crime.
All the rats were in a hurry to leave
the sinking ship.

The capture of Green and Starvag-
gi left only “Shadow,” Richard Wall,
on the loose. Less than twenty-four
hours later, heart-broken and humil-
iated Ross Bayer notified the sheriff
that his brother was ready to give
himself up.

Bayer was behind bars in time for
dinner. He too was charged with cap-
ital murder and like his three asso-
ciates held without bond at the Mont-
gomery County jail in Conroe.

The first arrested was also the first
to face the music. Glenn Earl Mar-
tin stood trial in June 1977, seven
months after the slaying.

The selection of the jury, normally
wrapped up in a day or less, took an
entire week. As required by law in
capital cases, the judge and attorneys
interviewed each candidate separately
in closed-door sessions that often
lasted an hour.

The tedious process was further
slowed by the district attorney’s
painstaking explanation of the “law
of parties.”

Patiently reviewing this fine but
all-important point of law for the
prospective jurors, Jim Keeshan

stressed that a defendant does not
have to fire the fatal shot to be as
guilty of homicide as the triggerman.
By taking part in the commission of
a crime that ends in the loss of life,
he shares responsibility for the mur-
der and is subject to the same pun-
ishment.

The star witnesses for the prose-
cution were, of course, Grace and
Susan Denson. While the mother
broke down in tears several times as
she recalled the terrible events of that
tragic night, the daughter maintained
her composure and testified with
confidence and conviction.

Although Susan insisted that all
four participants were present in the
house, neither female could posi-
tively place Martin on the premises.
They never saw his face nor did he
have the distinctive speech impedi-
ment both remembered so vividly.

The goal of the defense lawyer was
to save his client’s life. In his con-
fession Martin had acknowledged his
role in the armed robbery, an admis-
sion that guaranteed a long prison
term. But in that same statement he
swore that he never got out of the
car, and this was the critical point
that his attorney drove home again
and again.

After finding Martin guilty of cap-
ital murder, the jury wrestled with
the options of life or death. Unable
to arrive at the unanimous opinion
that he “intentionally” caused the
death of Johnny Denson, they let him
off with a life sentence.

The disappointed D.A. listened as
the foreman of the jury described the
deliberations. “There was some
question about where Martin was
during the shooting. About half the
jury apparently felt, because he
wasn’t the triggerman, he shouldn’t
get capital punishment.”

“So much for the law of parties!”
brooded the embittered prosecutor.

Three months later, it was G.W.
Green’s turn. Sharing the courtroom
load with his assistant, Jerry Win-
free, district attorney Keeshan vowed
that the bricklayer would not dodge
the death chamber. ;

Once more the Denson women re-
lived their private nightmare in ag-
onizing detail. Green’s face was not
familiar, but his unmistakable lisp
would haunt them forever. His was
the voice that had demanded their

(Continued on page 66)
61

—————

deaths, that had shrieked at the man
with the gun, “Kill ‘em! Aren’t you
going to kill them?”

The noose tightened around
Green’s neck when his signed con-
fession was introduced into evidence
along with an incriminating report
from a police chemist. Paint sam-
ples taken from his sister’s maroon
sedan matched exactly the streaks
left on the Denson garage by the
fender of the getaway Car.

The verdict was a foregone con-
clusion. Guilty as charged.

During the punishment phase of the
trial, a self-proclaimed “handwriting
expert and hypnotherapist” testified
on Green’s behalf. He argued
against putting the convicted killer
to death on the grounds that it
“would be a waste of a great mind.”

Based upon his examination of
Green’s handwriting, the so-called
“expert” had concluded that this I.Q.
was “close to genius.” He contend-
ed that with adequate rehabilitation
he could become “a tremendous asset
to society.”

Under cross-examination, howev-
er, he admitted, “I would not want
to see him turned loose now and that
Green’s criminal mind could “put
him on the FBI’s ten-most-wanted
list.” Assistant prosecutor Winfree
finished the questioning by calling
the dubious expert “a quack” to his
face.

Jim Keeshan gave the closing ar-
gument. He implored the jury to
“stand up and be counted” and to
“make the punishment fit the crime.”

“This crime was committed in a
horrible manner,” the D.A. said dra-
matically. “John Denson was bru-
tally murdered while begging for his
life.”

The second jury did not get side-
tracked. G.W. Green was con-
demned to die by lethal injection, the
first death sentence handed down in
the county in twelve years.

Of all the cases, Joey Starvaggi’s
was the closest to being open and
shut. Grace and Susan Denson un-
hesitantly identified him as the man
with the loaded .38 who told them
he had killed their husband and fa-
ther.

Starvaggi’s own four-page confes-
sion left little to the jurors’ imagi-
nation, including the preposterous
claim that he pumped two additional
slugs into Johnny Carl Denson “to

keep him from suffering.” Like an
injured animal on the side of the
road, he supposedly put him out of
his misery.

The jury rejected this transparent
ploy to turn a deliberate murder into
a mercy killing. Starvaggi was sent
to Death Row to keep his buddy
Green company.

After months of serious soul
searching, the charges against
Richard Wall were dropped. The
case against him had always been the
weakest and could not be strength-
ened by testimony from his three
convicted cohorts, who flatly refused
to appear as prosecution witnesses.
Last but far from least, Grace and
Susan Denson were spared the an-
guish of a fourth trial.

Starvaggi’s execution was sched-
uled for November 1980 but put off
by a last-minute stay from a federal
judge. The case remained in judi-
cial limbo for five years until anoth-
er judge canceled the original hold
in December 1985.

After living for nearly a decade on
borrowed time, Starvaggi was given
a new appointment with death —
September 10, 1987. As the much-

delayed moment approached, Grace
Denson worried about another post-
ponement. “I think I'll just give up
if that happens.”

When the U.S. Supreme Court re-
fused to intervene two hours before
the midnight ritual, Starvaggi’s fate
was sealed. Sullenly refusing the tra-
ditional last meal, he went to his
doom without a word.

Mrs. Denson reacted to the news
with relief and renewed hope. “Oh,
good. one down and one to go.”

After G.W. Green’s initial execu-
tion date came and went in the early
1980’s, the Texas Court of Criminal
Appeals sat on his routine appeal for
seven years before at last affirming
his conviction.

When his final day on earth rolled
around in the fall of 1991, he re-
mained defiant and unrepentant.
Strapped to the gurney, he told the
warden, “Lock and load. Let’s do it,
man.”

Seconds before the fatal fluids took
effect, Green spoke to relatives on
hand to witness his departure. With
his last words he made an obscene
remark, a crude comment that should
be chiseled on his tombstone. *

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Appeals,

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a separate opin- -@ 4

GREEN vy. COLLINS 1231
Cite as 947 F.2d 1230 (5th Cir. 1991)

Court of Criminal Appeals of Texas, 682
S.W.2d 271. Defendant’s federal habeas pe-
tition was denied by the United States Dis-
trict Court for the Southern District’ of
Texas, David Hittner, J. Defendant re-
quested stay of execution and certificate of
probable cause .to enable him to appeal.
The Court of Appeals held that: (1) jury
could give expression to all of defendant’s
evidence in mitigation in answering. ques-
tions of future dangerousness or deliberate
acts; (2) jury’s answer that defendant act-
ed deliberately :in sentencing phase met
Enmund requirement; (3) defendant was
not entitled to appointment of psychiatrist;
and (4) defendant was not entitled to sub-
stitution or addition of counsel who shad

-been informally assisting appointen coun-

sel.

Application denied.

1. Homiciile €>358(1)

Capital murder defendant had no color-
able claim of Penry violation where jury
could have given expression to all defen-
dant’s evidence in mitigation in answering
question of future dangerousness or delib-

erate acts, or both.

2. Homicide €358(1)

Jury’s answer to question in sentenc-
ing phase of whether capital murder defen-
dant acted deliberately met Enmund re-
quirement that state determine requisite
participation by accused.

3. Costs 302.4

Capital murder defendant was not enti-
tled to appointed psychiatrist where defen-
dant never made preliminary showing that
his sanity at time of offense was likely to
be significant factor at trial.

4. Criminal Law €641.16(2)

Capital murder defendant was not enti-
tled to substitution of counsel or addition
of counsel who had been informally assist-
ing court-appointed counsel where defen-
dant had at all times been represented by
either’ retained or appointed counsel.
U.S.C.A. Const.Amend. 6.

Cynthia B. Lloyd, Houston, Tex., for peti-
tioner-appellant.

Robert S. Walt, Atty. Gen. Office, Robert
S. Walt, Asst. Atty. Gen., Austin, Tex., for
respondent-appellee.

_ Appeal From the United States District
Court for the Southern District of Texas.

Before POLITZ, HIGGINBOTHAM, and
BARKSDALE, Circuit Judges.

PER CURIAM:

G.W. Green. requests a stay of execution

of his death sentence imposed by a Texas

jury, a certificate of probable cause to en-
able him to appeal the district court’s deni-
al of application of writ of habeas corpus
and stay of execution, and appointment of
counsel. Green is scheduled for execution
on November 12, 1991, after midnight and

_ before sunrise. This is Green’s first feder-

al habeas corpus review in this court. On

September 25, 1991, his two state habeas
_ petitions were denied. On October 2, 1991,

his execution was scheduled for November
12, 1991. However, his federal habeas pe-
tition was not filed until November 6, 1991.
He presented seven issues to the district
court in his original petition:

1, The jury could not give expression to
his mitigating evidence as required by Pen-
ry v. Lynaugh, 492 U.S. 302, 109 S.Ct.
2934, 106 L.Ed.2d 256 (1989).

2. Green was denied effective assist-
ance of counsel in five particulars: counsel
failed to interview and call all witnesses
essential to his contention that his confes-
sion was coerced and involuntary; counsel
failed to properly pursue a claim of indi-
gency in support of a court-appointed in-
vestigator, handwriting expert, and inde-
pendent psychiatrist for evaluation; coun-
sel failed to obtain rulings on certain pre-
trial rulings; counsel failed to preserve any
error of the trial court in not placing the
full confession of Green’s co-defendant be-
fore the jury; .and, finally, counsel failed to
make certain evidentiary objections. .

1232

3 There was no finding by the state
courts as required by Enmund v. Florida,
458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d
1140 (1982).

4. Green was deprived of rights secured
by the fifth and fourteenth amendments by |
certain interrogation techniques of the
state.

5. The fact-finding procedures in state
habeas were inadequate.

6. Under Texas law, neither the state
trial court nor the Texas Court of Criminal
Appeals were authorized to issue findings
of fact.

7. The federal district court failed to
conduct a required evidentiary hearing.

Petitioner moved in district court for re-
consideration of the court’s ruling that the
state had furnished a psychiatrist. In the
motion for reconsideration, Green urged
that the appointed psychiatrist considered
only competency to stand trial and not le-

gal insanity. Green argues that the denial
violated Ake v. Oklahoma, 470 US. 68, 105
S.Ct. 1087, 84 L.Ed:2d 53 (1985). The dis-
trict court denied the petition for reconsid-
eration, concluding that the state. granted
the only request made by Green.

a2 | ae
[1] We deny the request for stay of
execution, and decline to issue a certificate
of probable cause. We do so for essential-
ly the reasons stated in the district court’s
order filed November 8, 1991, and its order
denying the petition for rehearing also en-
tered on November 8, 1991, with three ex-
ceptions. First, we agree that petitioner
has no colorable claim of a Penry violation.
We reach that conclusion for reasons other
than those stated by the district court.
Specifically, we do not rest upon the dis-
trict court’s analysis under Boyde v. Cali-
fornia, 494 US. 370, 110 S.Ct. 1190, 108
L.Ed.2d 316 (1990). Rather, we are per-
suaded that the jury could give expression
to all of Green’s evidence in mitigation in
answering the question of future danger-
ousness or deliberate acts, or both.

[2] Second, we also reject the Enmund
claim for reasons other than those relied

947 FEDERAL REPORTER, 2d SERIES

upon by the district court. Enmund re-
quires a state determination of the requi-
site participation by an accused. The
jury’s answer to the question in the sen-
tencing phase of whether Green acted de- .
liberately meets the Enmund requirement.

{3] Third, we agree with the district
court’s rejection of Green’s claim that Tex-
as denied him appointment of a psychiatrist
in violation of Ake v. Oklahoma, 470.U.S.
68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985), but
we emphasize a different reason. Green
has never made the “preliminary showing
that his sanity at the time of the offense
was likely to be a significant factor at
trial.” Jd., 105 S.Ct. at 1091.

-[4] Finally, we note that the motion for
appointment of counsel in fact requests
either a substitution of counsel or the addi-
tion of counsel who have been informally
assisting the court appointed counsel. Pe-
titioner has at all times been represented
by either retained or appointed counsel.
We find no reason to disturb the ruling of
the ‘district court.

III.

We observe that although this death sen-
-tence was given by the jury more than 14
years ago, this is petitioner’s first federal

habeas review by this court, as earlier not- -

ed. The application for a stay of execution
and a certificate of probable cause is DE-

NIED. :

w
° E ty NUMBER SYSTEM
T

UNITED STATES of America, Plaintiff-
Appellant—Cross—Appellee,

Vv.

Leonard Charles DANCY, Defendant-
Appellee—Cross—Appellant.

No. 91-2023.

United States Court of Appeals,
Fifth Circuit.

Nov. 14, 1991.

After his motion to suppress was de-

nied, defendant pleaded guilty in the Unit- «4

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! Etre. ee Seas an
; The’ State of Texas. ) : | O
} : ) Ee
i vs. No. 2934. In the District Court of Medina County. es
ti : : fo
' John L. Green. ) Charge: Murder. Date: July 8th 1951. f |
\" ' E ®
\ This day this cause was Called for trial, and the State appeared by her District *
f ed
| Attorney., and the Defendants John L. Green and Ernest Johnson appe
|

oe Tq D
aqgnooryoeTe SHoeTq **7T uuor SNF

| 12
| defendants be tried separately and that the defendant John L. Greon be first tried, and : a
{ ©
| thereupon the defendant John L. Green having been duly arraigned in open Court, both i =
i re)
‘parties announced ready for trial, and the defendant John L, Green in open court, in person f g
°
| pleadea guilty to the charge contained in the indiotment. Thereupon the said Def endant t 2
H " ct Ou
.> | was admonished by the Court of the careeapences of said plea, and the said Defendant per- [- we
i rn)
{Sis sted in pleading guilty; and it plainly appearing ‘to the Court that the said Defendant re
ad
jis sane, and that he is uninfluenceda in making said ploa by any consideration of fear, or : * eS
“=~,
‘by any persuasion or delusive hope of. pardon, prompting him to confess his guilt, the said £2 5
Foot SD
[plea of guilty is by the Court received, and here now entered of record upon the minutes 2.
une)
of the Court as the plea herein of said mbar coe la dt Thereupon ¢ a Jury of good and lawful a
H : “7 CO
fon, to-wit: Oscar Mangold and elven others were duly selected, impaneled and svorn, who, PN
soca aay ape ube create Moin 5 SEBO Temes acs x a. SOeI2e 2 Masts T TS. StI SSesatat 2 doce
r= ST Bes SU Se. Se seed rs . Reve | etry pa, a. SSS ES SESS SSS Tete SN ; en pen LP
i ONO
{ Ww
\ § @
oe
\o
WwW
nN
&

Sib Dusk avttgeepn saa bantam sorter teeter es

SR tt cis reel t Reeth | ates Aibeb witiom 6a tedabine mnie

18 ASRS RS ET a; FEO UREN PF MY TORE ORERIET ERP 1 MR et tae coed

having heard the fake tnent veda. and “the ; Debehiena Neon of Guilty thereto, and having i cS)

heard the evidence submitted, and having been duly charged by the Courts retired in charge |
of the proper officer to consider of their verdiat, and afterwards. on July 9th 1931 wor ( a
| brought into open Court by the proper officer, the Defendant and his counsel being present |

and in due form of law returned into open Court the following verdict, which was received

j by the Court and is here now entered upon tthe minutes of the Court, to-wit:

"We, the jury find the defendant John L, Green guilty of murder and assess his

punishment at death. Oscar Mangold,

Foreman of dire Jury;" and upon nome eat of the States

attorney, the jury was polled, and each of said jurors sens that said verdict was his

verdict. ar . ~

It is therefore considered, “onlerai and adjudged by the Court, “That the defendant

John L. Green, is guilty of the offense of Murder . as donPesaed by him in his said plea of

| guilty herein made and as found by the jury, and that his punishment be fixed at death

as fixed by the verdict of the jury, and said defendant is now remanded to jail to await

the further order of the court herein.

On this the 13th day of July, A. D. 1931 the sheriff returned into open court the
list of the petit jurors heretofor

e drawn by the Jury Commissioners at the Special June
Term 1931 of the District Court of Medina County,

OURS S Tat tt Saget eee oe

Texas, ‘to serve during the third+ week — |

of the present Special June Term off this court, when the following named persons appeared , -

answered to their names to-wit: Louis Gross, BE J. Keller, Frank Ward, ae Boehle,

Jno. G. Koenig, J. A, Watson, Leo Bohl, E, T, Nester, B. L

: Milson, VV. P, King, Hugo

Brotze, Jos. F, Haegelin, Ily. Langfeld, Elgin: Stleglers Garland, Martin, Oscar t Mangold , C.A,} 7™

Oe ee ee ee an ~~ em ge low > an -_

PRO RO HA HA ot een one

the State of Texas,

)
)
i No, 2934 vg, In District Court, Medina County, Texas, Special June: Tern, |
‘ . l oe ; 7 ) |
: | Ernest Johnson and =) A. D, 1931. 8nd -day of July a, D. 1931, g
i John L. Green, ) bc . :

epresent them in the trial of

| a | said cause,. It is therefore ordered by the court that Hon. L. J. Brueks, an attorney of ;
| | sh oF

tnis bar be and is hereby appointed by the court to wepresent each of said defendants in |
|

}

, the trial of said cause,

\ SUE Se ame ees
SES OE TORE ee

The State of Texas.

| No. 2934 vs, In District Court, Medina County, Texas, Special June Term, A.D, |

1931, ce |

| John L, Green and
“inest. Johnson,

€ above cause was called for trial, and

jpitaosiien geben
an Te Ne a rape
+
—~ ww OE OL

inSOon each appeared in Open court, their counsel

j \ that they be triod Separately, and Tequesting and Sereeing that the defendant John L. Green
!

| should be tried first, And said wiotion in writing being filed, and each of said defendants

;

ir motion for a severance, and requesting |
i

SVS RH WP PRR OUI ME fe CSA ROOE TERI 5 DAU Rcin A MULE RIN, AMDB. ters “« E-os LeNEEe, oer ae peace

, (3
ewan a 5 ‘ . =!
ae

)
No, 2954 VS. In District Court, Medina County, Texas. 13th day of July A. D.
1931. .

The State of Texas.

limnest Johnson.

On this the 13th day of July 1931, the above cause was called for. trial, and the G6

| State and the defendant announced ready for trial, “And the list of jurors ote, as @

special venire for the trial of the above cause Bayi ng been exhausted, and a Jury not

having been obtained and completed from said list, it +5 considered by the court that

additional talesman should be summoned from which to complete and obtain a jury for the
trial of this cause,

’ Thereupon the sheriff of Medina County, Texas was duly sworn and instructed by the

; Court to summon seventy qualified jurors to report July 15 th 1931 at ‘lo O'clock A. M,

as
| talesman from which to select jurors for the trial of this cause, ie
7 me me we 000- == - - ee - e
No, 3208 ) . 3
| Ex Parte n The 58th Judicial District Court, Medina County, Texas,

Minnie K. Cool, This the = 15th day of July 1931 at a regular_term of this

: Court held in Medin County, Texas,

to be heard the appl tion of Minnie kK,

Cool praying for judgment ase her Meabilities of cove

ES ee oe
q
B
‘a ¥
f
i

in open court agrecing to said order of trial, it is ordered by the court that said motion

! be, and the same is hereby granted, and it is ordered that each of said defendants shall
| be tried separate and apart from the other defendant as requested, and that the defendant

John L. Green shall be first tried,

The State of Texas,

)
| No. 2954 Vs. _In District Court, Medina County, Texas. Special June Term, A.D.
-

| Ernest Johnson. 1931, :

On the 13th day of July A, D, 1931, this cause was called for trial, and the State
| appeared by her District Attorney, and the defendant and his counsel appeared and both
' parties announced ready for trial, And the ‘defendant in due form of law was arraigned in
| open court and required to plead to the indictment, aha he entored his plea of not guilty
| thereto. And an effort having been made. to secure a jury for the trial of this cause, and

| some 100 jurors having been .examined without a: juror being obtained, and it appearing to

= 225. ERR STS FP

| the court_on this 16th_ day of July_1931 that_a trial. fair alike to_tho State and to the

ndsant calnot be had in icdina Count

SEC oe Splints mt A Oe eee ee

defe

ead pre-judgment of ; C

and a request having

y Texas because of the widespr
| the case az disclosed by the examination of said veniremen,
by the defendant and his couns

sel asking that the court oh

his own motion, and the State agreeing thereto, ;

been filed -

ange the venue of. said cause on

, It is therefore considered,

adjudged by the court upon its ow motion, that

: : eye
same is changed to Caldwell County Texas, to be tried 7 (isd

| the venue of this cause be and the

77
|
|

| ' in the District Court for the 22
H |!

nd Judicial District of said Caldwell Count
next regular term of said court to be beg

| day of July a, D. 1931,

y Toxas at the
un and holden in the City of Lockhart on: the 27th

i And the said defendant Irnest Johnson being in cus
i .

Texas, and no bail having been allowed,

| Of Medina County Texas be and is hereby di

Johnson to said Caldwell County Texas,

County Texas before the next gs

further ordered by the court that the clerk
of this order,

&S shown .on. the minutes of this |
court in said Cause, and shall transmit to the clerk of the District Court of Caldwell
County Texas before the next regular term thereof such certificate,

; Original papers
|

The State of Texas, )

) ee vi
' ! No. 2934. vs. ) In Distri

strict Court, Medina County Texas. 'Saso4a1 June Term, A, D,

ate cee

—

5
jlo

porns

Youn Lb. Green

It appearing to the court that the defendant John L. Gr

One Ernest Jolinson,
L. Green was tried

end that the case of the
State of Texas vg

this day removed from thig court to be-t

well County, Texas, and the Clerk
All original papers in said caus

, Distriet Court of Cald

Texas. It is thorer by the court that the clerk of t
copies of the indictment ana all original papers: so transmitted

preparing transcript and/or s:

State of Lexas vg John L. @r

The State of Texas

No. 29534 VS. In District Court Medina County Texas,

—s ss OLS NL

Special June Term, A.D,
John L. Green,

- Green to set aside the

rendered, and 6Vant him a new trial of this cause,

Attorney, and the de

And the eourt having heard said notion, and the evidence ad
that same should be Overruled, And it is. therefore ordered. and adjudged by the court that
Said motion be and the same is hereby in.all things overruled, at
Mereunon the defendant John L, Greon in open court excepted anc
to tho Tonorabde

POE &

OF HAR aes w ey

court, and saida defendant John

een was indicted Jointly with

conptij~ovien=-age=

sense spretrer

said notice of appeal is here now entered of record.

And upon request of the defendant John L. Green, it is ordered that

said defendant _
be and is hereby allowed and granted Eighty Days from and after this date within which to

i prepare and file Statement of Facts and Bills: of Exception.

= a en ae ae, oe -000— — wwe ee
A ee Bites ote a eng

aaa es aie at eee ee ee ee na

The State of Texas, )

County of Medina. ) Be it remembered, that in pursuance to former order duly made,

there came on to be held a Special Term of the District Court in and for the County of
, Medina, Texas, at the Courthouse of said County, on Thursday, the 50th day of June, A.D.
1932, at 1l1 o'clock A.M.: Present and presiding: Hon. Lee Wallace, Judge of the 38th
| Judicial District; K. K. Woodley, District Attorney; C. J. Schuehle, Sheriff, and Emil

Britsch, District Clerk; When the following proceedings were had to-wit: |

| THE STATR OF TEXAS, ) DEATH SENTENCE a ed

vs. | No. 2934, |
)

John L. Green. OFFENSE: MURDER.

On this the 30th day of June, A.D.1932, in the above entitled and numbered cause,
| again appeared in open court the parties, the State by her District Attorney, and the . t |
_ defendant John L. Green, who was brought in person before the Court by the Sheriff for : |
' the purpose of having the sentence of the law pronounced upon him in accordance with
the verdict and judgment heretofore, on the 9th day of July, A.D,1931, entered and |
|rendered in this Court against him; and it appearing to the Court that the said defendant |

\ See + if

TIO SIE EATS ASE. ST ESS LP = : UES PSST BG TRA SEA Re SAFES SES ES SU ee

John L, Green, having

Court by the Clerk of this ¢

ourt,
Considered by the Court,

sed to Stand

nee of the law
to which he answereq nothing in bar

is cause,

to the State Penitentiary at
| Huntsville, Walker County,

ecuted and put. to death by the
‘Warden or Deputy

ise on Fridav. the KRth Aaw Af

Warden of said Penitentiary, before sunr

NAST I

August, A.U.1932, by causing to pass through the body of you, John L. Green, a current of

‘electricity of sufficient intensity {0 cause death, and the application and gontinuance of

such current threugh your body until you aie dead,

And it is further considered and ordered by the Court that the Clerk of this Court
shall issue a warrant directed to the said Warden of the State Penitentiary at Huntsville,
Walker County, Texas, for the execution of this sentence of death, and shall deliver the
same to the Sheriff of Medina County, Texas, for delivery to said Warden."

def
And the said/Jonn Le Green is now remanded to jail to await the “extowtion of this

senten:e."

The foregoing minutes on pages 561 and 562, having been read in open Court was found
correct after examination and approved; and there being no further business before the
Court, it is ordered that Court now adjourn until its next reguler term in course.

Witness my hand officially, this the 30th day of June,:A.D.1952.

strict Glerk,Medina County, Texas.

’ zz i c ee
Attest: , A y ie ¥
LECCE UpeZ” ‘District Judge sath Judicial District.
i

NAME: GONZALES, JOE JR DATE OF EXEC.: PENDING NUMBER:

NT/RS: YR: DR #: TX-999177 METHOD: TIME:
Soc. CLASS: ECO. CLASS: EXECUTION SET : 96/09/18 NO.:
RACE: H SEX: M AGE AT EXEC.: DOB: 60/11/17
STATE: TX 2-S: CO: POTTER CITY: AMARILLO
HOR: BOOK /MOVIE:

L: 3 SPECIAL LIST:
DATE OF CRIME: 92/10/19 AGE AT CRIME: 31 CATEGORY: LEO:
DATE OF SENT.: 95/11/15 WEAPON: SHOT
CRIME: MURDER-ROBBERY NO. KILLED: 1 TOTAL KILLED:

VICcT. CODE: WM50
CMTS#1: WILLIAM JOSEPH "MIKE" VEADER [50], his boss-roofing company owner
--robbery of his home, shot

KNOWN PREVIOUS CONVICTIONS:

ACCOMPLICE: LAST PRINT: 1995/11/15
SOURCE: UPI IQ LEVEL:
CMTS#2:

DR: LIST: 9512

Killer Awaits Speedy Execution
AP .18~-Sep-1996 16:19 EDT REF5682
Copyright 1996. The Associated Press. All Rights Reserved.

The information contained in the AP news report may not be published,
broadcast, rewritten or otherwise distributed without the prior written
authority of The Associated Press,

By MICHAEL GRACZYK

Associated Press Writer

HUNTSVILLE, Texas (AP) -~ A man convicted 10 months ago of killing
his former boss awaited death by inje¢tion Wednesday in the nation’s
speediest execution since Gary Gilmore in 1977.

Joe Gonzales, 36, waived all appeals, cutting short a process that
in Texas averages about eight years.

Gonzales, a roofer, was convicted in November in the 1992 slaying of
William Veader, 50, a building contractor. Gonzales, claiming Veader
owed him $200, shot him in the head and robbed him.

"I am a man who has no regard for the law. I am a man who has no
regard for humanity," Gonzales, who acted as his own lawyer, told the
jury. "I ask for no sympathy, no empathy. -- but I do ask for you to
follow the law."

The jury took just 12 minutes to recommend the death penalty.

Gilmore, the first person executed in the United States since the
Supreme Court lifted a 10-year moratorium on capital punishment in
1976, also waived all appeals and went before a firing squad in Utah
just three months after he was convicted of killing two men.

In 1991, Jerry Joe Bird became the longest-serving death row inmate
to be executed in Texas. He waited 16 3/4 years to be put to death for
killing a man during a 1974 robbery.

Texas Executes Killer

AP 18-Sep-1996 20:03 EDT REF5888
Copyright 1996. The Associated Préss. All Rights Reserved.

The information contained in the AP news report may not be published,
broadcast, rewritten or otherwise distributed without the prior written
authority of The Associated Press.

By MICHAEL GRACZYK

HUNTSVILLE, Texas (AP) -- A man convicted 10 months ago of killing
his former boss was executed by injection Wednesday in the nation’s
speediest death sentence since Gary Gilmore in 1977.

rt. &@ process that.in Texas averages about eight years. He died at at

"There are people all over the world who face things worse than
death on a daily basis, and in that sense I consider myself lucky," he
said in a final, handwritten statement. "I cannot find the words to
express the sadness I feel for bringing this hurt and pain on my loved
ones. ... God bless you all."

Gonzales, a roofer, was convicted in November in the 1992 slaying of
William Veader, 50, a building contractor. Gonzales, claiming Veader
owed him $200, shot him in the head and robbed hin.

"IT am a@ man who has no regard for the law. I am a man who has no
regard for humanity," Gonzales, who acted as his own lawyer, told the
jury. “I ask for no sympathy, no empathy -- but I do ask for you to
follow the law.”

The jury took just 12 minutes to recommend the death penalty.

In 1991, Jerry Joe Bird became the longest-serving death row inmate
to be executed in Texas. He waited 16 3/4 years to be put to death for
killing a man during a 1974 robbery.

Court of appeals
upholds death wish
for Amarillo man

By MARY ALICE ROBBINS
Morris News Service

AUSTIN — An Amarillo man
who claims he wants to be exe-
cuted for shooting his employer
to death in 1992 could get his
wish.

The Texas Court of Criminal
Appeals on Wednesday upheld
the capital murder conviction
and death sentence for 35-year-
old Joe Fedelfido Gonzales Jr.

Gonzales was convicted of
shooting to death William Jo-
seph “Mike” Veader, 50, on Oct.
19, 1992, while committing a
robbery at Veader’s home in Am-
arillo.

Testimony presented at Gon-
zales’ November 1995 trial indi-
cated that Veader was shot once
in the left temple area and once
in the cheek,

In a taped statement played
to the jury, Gonzales claimed
that Veader owed him about
$200 and that he was going to
get his money “one way or an-
other.” Gonzales was an employ-
ee of the roofing company that
Veader ran,

Gonzales pleaded guilty to the
capital murder charge and repre-
sented himself at the trial de-
spite warnings by 108th District
Court Judge Abe Lopez that he
should have an attorney. Lopez
assigned Amarillo attorney Kent
Birdsong to assist Gonzales if he
needed help in the trial.

Throughout the trial, Gonza-

NW ancy E- Sov Rua <

les declined to cross-examine
witnesses or raise objections to
testimony. He also told jurors
that he was “a man with no re-
gard for humanity” and urged
them to “follow the law” when
deciding his punishment. -

It took jurors only 12 minutes
to sentence Gonzales to die by le-
thal injection.

Although an appeal is auto-
matic in a death penalty case,
Gonzales did not specify any er-
rors made by the trial court in
the brief filed for his appeal, |

“‘T do not wish to appeal the
verdict nor the sentence at this
time nor at any other time,”
Gonzales said in the brief. .

“This is a case made clear and
simple by a man ... who has com-
mitted the ultimate crime and is
requesting that the ultimate
punishment be enforced and jus-
tice to be served without bring-
ing a burden to the State of Tex-

as and her taxpayers longer than.

need be,” he said, *

Glen Castlebury, spokesman
for the Texas Department of
Criminal Justice, said Gonzales
has been on Death Row since
Jan. 10.

The criminal appeals court
will notify Lopez that Gonzales’
appeal has been upheld and that
no further appeals will be filed,
Castlebury said. me

It will be up to Lopez to set an
execution date for Gonzales, he
said,

Labo

<
LEG GL

With cold, calm, logic that appeared to have a convincing effect
on the jury, District Attorney McAskill battered this noon in his
closing argument at the breastworks built up for the defense,
while the immense throng which packed the courtroom, bent for-
ward to listen.

Questions Certainty of Identification

There was a silence almost painful as the District Attorney
arose to deliver his argument at 12:10 o’clock. Attorney Linden
for the defense had concluded a few minutes before, after talking
an hour and forty minutes in an attempt to break down a wall
of evidence which the State had built up in the case.

The defense Attorney had not overlooked any phase of the
case. He declared it could not be possible that the “blood spots”
found on the clothing of the indicted man had been made by the
woman when blood was freely flowing from the cuts on her fingers
from the knife of her assailant, and he challenged the jury to find
the imprint of bloody hands anywhere on the clothing introduced
as evidence or any smear which would be made by blood flowing

in profusion.

“J make no effort to impeach the testimony of the prosecuting
witness in her identification of the defendant as the man who
assaulted her that night”, said Attorney Linden. “She was not guilty
of perjury, she was telling the truth, but I question the certainty

of her identification.”

Mr. Linden declared the witness was laboring under intense
excitement during the brief instant when the light was turned on
at the side of her bed, and under those circumstances it .would
have been impossible for her to obtain accurate knowledge of her
assailant’s features. Mr. Linden also attacked the circumstances
under which the confession was obtained.

As the District Attorney stepped forward to reply to the defense,
the prisoner sank in his chair and averted his eyes, and throughout
the time Mr. McAskill was arguing the case he appeared to have
difficulty in looking at the prosecutor, but sat with head down and
turned toward his mother who was in the chair next to his left,
fanning him with the hat of her husband who sat on her left.

“This erime was committed” said the District Attorney, “while
the victim’s husband was downtown earning his honest bread, while
sleeping the sleep of a virtuous mother, with her sleeping child by
her side. He committed the crime of burglary and assault with a
knife in his hand, and was ready to commit the crime of burglary.”

‘Tt was not alone to gratify his passion, he wanted the incon-
ceivable and unthinkable gratification that comes from the deprave
knowledge that he had outraged a mother and wife.

191

Says Identification Was Positive

“When it comes to getting evidence against a man like that he
doesn’t call the Mayor and bishop of some church to go down and
witness his offense. He goes down there when he thinks there will
pe no witnesses, and when we look for evidence we must look for
natural evidence. Such evidence Providence has afforded us that we
don’t ordinarily obtain.”

Mr. McAskill declared the identification of Grace by the prosecut-
ing witness was positive and could not be denied.

“I want to say this to you, that wherever we see a thing in-
tensely, it is fastened in our minds and impresses itself in our in-
tellects and memories, every fiber of our mental strength combines
not to let us forget, and that defendant’s eyes, his nose, his expres-
sion are so impressed on the woman’s memory she will never forget
them. It doesn’t make any difference how long we see a thing, it is
the intenseness with which we see it.”

Th attorney for the defense sprang a surprise this morning when
the trial opened by asking permission to put on additional witnesses.
This would mean breaking into arguments, as Assistant District At-
torney Newton and Dwyer had each argued for the prosecution yester-
day afternoon before court adjourned for the day.

“It is something I have never done before in all my years of
practice’, said Mr. Linden, “but there is some material evidence I
forgot about.”

Garments Displayed by Negro’s Father

No objection was raised by the State, and Attorney Linden called
G. J. Grace, father of the defendant to the stand. The father came
into the courtroom carrying a bundle, which he unwrapped and held
up some clothing, a man’s trousers, a flannel shirt and an undershirt.

‘Do you recognize these garments?” asked Mr. Linden. “I do”,
replied the witness, who said he got them from his son in the county
jail. They were clothes, he testified, his son had been wearing at
the tirae of his arrest. Since that time they had been in a cabinet
in Mr. Linden’s office. They appeared to be free of blood stains, and
were introduced as evidence.

Ralph Grace, the defendant’s brother was called to the stand,
and testified that his brother slept with him at home on the night
of February 24th.

When the jury had been seated, Judge W. S. Anderson warned
the crowd that whatever the verdict of the jury might be, there must
be no demonstration of any nature, and that any person or persons
violating this injunction would be fined for contempt of court.

The verdict of the jury, written in ink on the back of the indict-
192

ce deen peathtine treo nema spiipincdaaredooee serene

sound of their footsteps as they marched single file down the aisle

and directly behind the accused man, to the jury box, breaking the —

silence.

The record in the case, according to District Attorney McAskill:

“This, however, does not mean that the counsel for the defendant |

has that length of time in which to perfect his appeal. Mr. McAskil]

explained, “As the court may expedite this work and require the |

defendant’s attorney to get up the statement of facts and other

paper in the case without undue delay. If the criminal court should }

affirm the sentence the date of execution will be fixed by the trial
judge. Under the law this may be fixed at any time within 30 days
after the mandate is received by the trial judge. The appeal could
be perfected and the case reviewed by the appellate court within 60
or 90 days, or may not be finally disposed of for six months or
more.

“You, of course, intend to use every possible means to expedite
an appeal in case you carry the case to the criminal court of appeals
for review?” Judge Linden was asked last night by a reporter for
The Express in a conversation over the telephone.

“No, I can’t say that I shall,” Judge Linden replied. “I see no
more reason why I should endeavor to cater to public opinion in this
case than in any other where a person has been convicted of a felony
in which the defendant has grounds for an appeal. I intend to car-
ry the case to the court of highest resort before relinquishing my
efforts in behalf of the convicted man”,

D. J. Grace, father of the convicted man, seen at his home by a
reporter, stated he felt that so far as the court and the officers of the
court were concerned his son had been accorded a fair trial and had
not been deprived of any legal right to which he was entitled.

District Attorney McAskill in his closing argument appealed to
the jury to lay all prejudice aside and render a verdict based on the
law and evidence and to be swayed only by a desire to uphold the
law, which aspires only to protect the innocent and punish the guilty.

“In this case there is no middle ground”, he declared in bringing
his argument to a close. “This defendant is either guilty or innocent.
If he is innocent he should be acquitted, but if guilty he should pay
the supreme penalty for his crime.

If guilty —and to my mind there can be no doubt —there is
only one penalty — that of death. Gentlemen of the jury, your ver-
dict will show the value this Nation places upon womanhood and upon
virtue. Any verdict carrying a penalty less than death would show a
conception of womanhood and virtue not in accordance with the fun-
damentals of our Government and the beliefs of our people.” When
Mr. McAskill concluded his argument the judge placed the indict-
ment and charge of the court in the hands of the jury. On objection

195

counsel for the defense the bloodstained bedding introduced in
dence earlier in the trial was not taken to the jury room. Two pock-
knives taken from the defendant, when he was arrested were also
withheld from the jury at the request of the defense.

-; As the jury passed out of the door of the courtroom the defen-
‘dant who had stoically observed the proceedings about him through-
“out

the trial without a twitch of a muscle in his face, or showing the
“Jeast concern displayed his first emotion. As the 12 men who held
his fate in their hands were lost to view as they disappeared through
the doorway, he fell weeping on his mother’s shoulder. The woman,
“also sobbing, showered him with caresses. His emotion soon passed
and he was taken from the courtroom.

The case was appealed and the judgment reversed on December
18, 1920 and the case was retried and Grace was again given the
‘death penalty on January 20, 1921. This case was appealed and the
| judgment of the lower court upheld on June 22, 1921.

-. Attached is the Warrant for the Execution of the death penalty
and the Sheriff’s return.

a WARRANT FOR THE EXECUTION OF THE DEATH PENALTY
~ THE STATE OF TEXAS:

1 TO THE SHERIFF OF BEXAR COUNTY, TEXAS, GREETING:

z You are hereby commanded that WHEREAS, on the 26th day
@i of February, A.D. 1920, George McKinley Grace, a prisoner, now in

i your custody, was indicted in the 37th District Court of Bexar Coun-
=| ty, Texas, for the crime of Rape, and whereas, on the 20th day of
| January, A.D. 1921, he, the said George McKinley Grace, was duly
7} and legally tried upon said indictment in the 37th District Court of
Fi: Bexar County, Texas, and was duly and legally convicted of said
*| offense, and judgment was rendered against him accordingly, as
follows, viz:

THE STATE OF TEXAS:
VS. Number 27753 Rape
GEORGE McKINLEY GRACE

On the 20th day of January A.D. 1921, the above entitled and
numbered cause being called for trial, appeared the parties, the State
by District Attorney, and the defendant, in person and by attorney,
and both parties having announced ready for trial, and defendant
having been duly arraigned at a former trial of this case, to-wit: on
the 8th day of March, A.D. 1920, came a jury of twelve (12) good
and lawful men,to-wit: Louis Witt, and eleven others, who, having
been selected, were duly impaneled and sworn, and the indictment
having been read by the District Attorney, the defendant, George
McKinley Grace, in person, in open Court, plead not guilty to the

196

on them, which stains the witness testified were made by blood
from her fingers.

Attorney Linden for the defense objected to the introduction

and exhibiting before the jury of this evidence as inflamatory
and prejudicial, but each time his objections were overruled by
Judge Anderson.

The State also introduced as evidence a jewel case which the
witness threw through the window of a neighbor after her as-
sailant had departed in an effort to arouse her, or someone in
the neighborhood, the overturned electric lamp, the shattered pieces
of lamp globe, photographs of the room where the assault occurrec
and the window through which the jewel case was thrown, and a short
coat which the witness identified as one she saw the negro wearing.

Did Not Know If Baby Was Alive

“After he had departed”, testified the witness, “I picked up
the jewel case and took the screen out of the window and went
out of the window and called to my neighbor. There was no answer,
There was no answer, so I got down off the porch and went into the
driveway and I took the jewel case and slammed it through her side
window, thinking it would awaken her. No one answered, and I went
in and picked up my baby. I didn’t know if she was dead or alive, and
went to my neighbor’s and rang the door be'l until it woke her, and
she came to the door and received me in her arms. I had fainted”.

The witness testified there were four rooms in the house. Her
husband she said, worked downtown from 6 o’clock in the evening
until 2 o’clock in the morning.

“T went to bed at 11:30 o’clock in the bedroom to the right
as you go in the front door. There are two windows on the side
and one leading onto the front gallery. The shutters of the front
window were closed, the window was opened and the screen in.

There was a light burning in the dining room and the living
room door was open.”

“The baby’s bed was drawn right up along side of my bed,
the side next to mine down. The baby was sleeping in her bed.
A blanket was over the head of her bed and there was a chair
along side of the bed on which I had a little home made electric
light. The bathroom was right next to my room and opened also
onto the back gallery.”

Woman Feels Open Knife

The witness told of her being awakened by a negro. “I felt
with my left hand an open knife.” The negro made his demands,
she testified, and said he would kill her with the knife if she did

189

not acceed to them. “I came near fainting and said, you can’t
have anything to do with me.” I said, “please don’t kill me, and
I hollered and he said if I hollered again he would kill both me and
the baby.”

“There was no light when I went to bed, but the door was
open into my dining room and he closed it. I asked him to close
the knife and he wouldn’t do it and tried to pull the cover up
but he was on it. I reached over and turned on the light and got
a good look at him and he knocked the light off and strangled me.
I had such a pain around my heart it cut off my breath.”

The side window which had been closed and locked when she
went to bed the witness said, she found, after the assault, was
open to the top.

SAN ANTONIO EVENING NEWS: MARCH 11, 1920

Negro Is Found Guilty
Sentence Fixed at Death
Jury Remains out Hour
and Twenty Minutes
Courtroom Crowded to
Hear Verdict of Jury

At 2:50 o’clock this afternoon the jury with the case of George
McKinley Grace, a negro, charged with assault on a white woman
returned a verdict of guilty and fixed the penalty at death. The
jury returned its verdict after deliberating 80 minutes.

Breaking into sobs as District Attorney McAskill concluded
his closing argument at 1:30 o’clock this afternoon as his case
went to the jury, and appearing on the verge of a total collapse,
George McKinley Grace, a negro on trial for his life, for a criminal
assault on a white woman, was led by deputy sheriff through the
crowded courtroom in the 37th District Court, and taken to the
county jail to await the verdict.

A heavy’ guard was thrown about the prisoner and a way was
cleared by armed officers prepared to prevent any outbreak or
demonstration.

The prisoner’s mother, who had been seated beside him, burst
into tears and the father bowed his head.

Judge Anderson instructed Sheriff Tobin to take the jury to
lunch first before deliberating on the issue. In the meantime the
crowd remained in the courtroom awainting the jury’s return in
the expectation it would not be out long after it had eaten.

The father and mother of the prisoner and his brothers and
sisters left the courtroom.

190

“ei te

Bae

at
*

pm o.3 Li

ment on which Grace was being tried, was handed to A. W. Harlog.. 7

clerk of the court, by W. D. Neal, foreman of the jury. Stepping upon 7

the rostrum besides the Judge’s stand, Mr. Harlos was instructed by
Judge Anderson to read the verdict.

; “We, the jury, find the defendant-” here the clerk paused momen-
tarily and the audience that filled the courtroom to the doors and |

extended out into the hall waited breathlessly for the next word, %
: The interruption in ©
the reading was caused by the jury having written the word “guilty”, 7

expecting to hear “not guilty” or “guilty”.

which had been scratched out and the name of the defendant written @
in. Resuming his reading the clerk read the complete verdict as ¥

follows:

“We, the jury, find the defendant, George McKinley Grace, E

guilty as charged, and assess his punishment at death,
(signed “H. D. Neal, Foreman.”

The verdict was amended by the judge to read: “Guilty” as q

charged in the third count of the indictment.”
amended was then read aloud by the clerk.

The defendant listened to the- reading of the verdict with the
same indifference and unconcern he displayed throughout the trial.
If he understood or comprehended the meaning of the fateful words

The verdict as |

he gave no visible sign. He was surrounded by a guard of a dozen ;

or more policemen and deputy sheriffs, who stood between him
and the audience as the verdict was read.

Negro Placed in Death Cell

Immediately after the verdict had been read the condemned
man was taken from the courtroom through the Judge’s office and
rushed to the county jail, where he was placed in the death cell
under strong guard. He will be kept in close confinement until
execution, unless granted a new trial or the judgement on the
jury set aside by the Court of Criminal Appeals.

When sentence will be passed depends on future proceedings
which still remain open to the defendant. Under the law a person

convicted of a felony has two days in which to file a formal motion -

for a new trial. This may be amended at any time during the
present term of court, which ends May Ist, or at an earlier date
fixed by the court. The hearing on the motion for a new trial will
come up on the amended petition, which counsel for the defense
will be given a reasonable time to prepare. Usually about ten days
is allowed attorneys to prepare the amended motion, and it 1s
expected this rule will be adhered to in the present instance, ac-
cording to District Attorney McAskill, who announced that every
resource of the District Attorney’s office would be used to expedite

proceedings in the case.

193

2 ee nde ae mre ee

In case of appeal the clerk of the court has 90 days after

motion for a new trial is overruled in which to prepare.

SAN ANTONIO EXPRESS: FRIDAY MORNING, MARCH 12, 1920

NEGRO CONVICTED

PENALTY IS DEATH

LINDEN TO APPEAL
Jury After Brief Deliberation

Votes Maximum Sentence

George McKinley Grace, 20 years old, a negro, on trial in the
87th District Court charged with criminal assault on a white woman,
was found guilty and his punishment assessed at death, in a verdict
returned yesterday afternoon at 2:55 o’clock by a jury in the 37th
District Court. The case was given to the jury at 1:30 o’clock at
the conclusion of the argument of District Attorney D. A. McAskill,
who summed up for the State after W. C. Linden, representing the
defendant, had spoken for approximately an hour and a half. Im-
mediately on leaving the box, the jury was taken to dinner, returning
a few minutes after 2 o’clock to begin consideration of their verdict.
Including the time for lunch, the jury was out one hour and 25
minutes.

The crowd that had filled the courtroom to its capacity since
the trial began on Monday, remained practically intact the entire
time the jury was absent, even those filling the aisles and rear of
the room, refusittg. to leave for fear they would not be able again
to obtain even standing room if they left the courtroom. Approxi-
mately 50 women occupied seats in the five front rows to the right
of the aisle when court opened at 10 o’clock and remained until the

verdict was returned.

The first intimation the waiting and expectant audience had
that an agreement had been reached by the jury was when a deputy
sheriff came in and asked if Judge Linden, counsel for the defense,
was in the courtroom. A few minutes later the defendant, accom-
panied by a strong bodyguard of policeman and deputy sheriffs, was
brought into the courtroom. He walked with a steady step and if
he expected the supreme penalty, he failed to show it by any out-
ward sign. Taking the seat he had occupied throughout the trial,
he appeared calm and composed and remained sitting with his hands
on the table as the jury filed into the courtroom.

As the jury entered a hush fell over the courtroom, only the

194

HUNSTVILLE, Texas (Reuter) - A Texas man who confessed to stabbing to
death seven people in two separate killing sprees was executed Tuesday after

tthe U.S. Supreme Court rejected an 11th-hour appeal.

Kenneth Granviel, 45, died eight minutes after being injected with a dose
of lethal chemicals in the death chamber at the Huntsville, Texas, state
prison.

Strapped to a gurney and dressed in a blue shirt and dark pants, Granviel
answered ‘‘no’’ in a firm, clear voice when asked if he had any last words
before he was put to death.

Granviel, who had spent the last 21 years on death row, sat alone in his
cell on his final day and ate a last meal of a cheeseburger and chocolate
cake.

He was the second inmate executed in Texas this year, and the 106th since
the state resumed capital punishment in 1982.

The U.S. Supreme Court anda federal appeals court earlier on Tuesday
rejected a final round of appeals. Texas Governor George Bush, a death-penalty
advocate, refused to grant a reprieve.

Granviel was convicted of capital murder after confessing to the October
1974 slaying of two-year-old Natasha ee enon, whom he stabbed nine times in
the chest with a butcher knife.

He also admitted raping and killing Natasha’s mother and aunt and
murdering her three-year-old cousin and another aunt in a killing spree in
their Fort Worth, Texas, apartment.

Granviel also confessed to raping and stabbing to death two women,
including his common-law wife, before turning himself in to police after a
second killing spree in 1975.

Despite testimony from four psychologists who concluded he was suffering
from paranoid schizophrenia, prosecutors said Granviel was competent to stand
trial and a jury later decided he was sane at the time of the killings.

In appeals seeking a stay of execution, Granviel’s attorney said Texas law
did not allow the jury to adequately consider mitigating evidence, in this
case the diagnoses of Grenvier s paranoid Ee rerenhcnte.

‘‘What really drives me crazy about’ the Granviel case is that in another
death row inmate case, an appeals court ruling ¢ said the Granviel case was
wrongly decided, ’’ attorney Joe Margulies said.

But the same Texas appeals court that ruled there was a flaw in Granviel'‘s

- conviction refused to stay his execution because he did not file an appeal in

time, said Margulies, a court-appointed attorney from Minneapolis.

2-27-1996 America Online:Galba33 Page 1

~ PEXECUTION! Texas executed Kenneth ‘Gran:

viel, 45, by injection for the 1974 murder of Natasha
McClendon, 2, in a Fort W orth apartment. Granviel
said uncontrollable urges led him to hack to death sev-

en people ‘and rape five in two different attacks. 5

Texas Executes Killer
AP 28 Feb 96 1:56 EST V0794
Copyright 1996 The Associated Press. All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise SLpeE Sou without the prior written authority
of the Associated Press.

Texas Executes Killer

HUNTSVILLE, Texas (AP) -~ More than 21 years after confessing to
stabbing seven people to death, Texas’ longest-serving condemned inmate
went quietly to his execution by injection.

Kenneth Granviel, 45, uttered a quick and emphatic "No" when asked
if he had any last words Tuesday night before the drugs flowed into his
arm.

Granviel, who also confessed to five rapes, claimed uncontrollable
sexual urges were at the root of his crimes.

He was convicted only for the murder of 2-year-old Natasha .
McClendon, who was stabbed to death along with her mother and three
other relatives in Fort Worth in 1974. Each was stabbed with a butcher
knife.

Granviel, a family friend, said he couldn’t stop himself from
killing the girl. “There was nothing I could do about it," he
testified. “I could see myself stabbing this little girl I used to play
with, I used to buy candy for."

Granviel surrendered to police in 1975 after raping a woman and
abducting another, and holding several people hostage at a Fort Worth
house. He later admitted to killing two female friends who had been
raped and stabbed. Granviel.led police to their bodies.

Granviel originally was scheduled to become the state’s first
prisoner to be executed by injection in September 1977. Since then, 105
killers have gone to Texas’ death chamber. |

In Granviel’s prolonged appeals, defense lawyers argued he should
not be executed because he was mentally incompetent and the state

failed to provide for a defense psychiatrist at his trial, where he
raised an insanity defense.

Death Row inmate’s appeal ~
rejected by Supreme Court ¢

The Associated Press

WASHINGTON — The Su-

preme Court yesterday turned down.

an appeal by Texas Death Row in-
mate Kenneth Granviel, who pro-
secutors say murdered seven people
during a Fort Worth killing spree 18
years ago.

The justices, without comment,
let stand rulings that Granviel
received a fair trial and proper sen-
tence.

Earlier this month, the high court
ordered Granviel’s execution post-
poned until it had a chance to con-
sider one ofhis two pending appeals.

It raised a challenge to his being
forced to prove his incompetence to
stand trial even after three court-
appointed experts testified that he
was too mentally ill. That was the
appeal rejected yesterday.

The justices ruled last week in a
California case that defendants may
be forced to prove their incom-
petence.

Granviel’s other appeal, which is
still pending before the nation’s
highest court, raises the same issue
the justices agreed June 8 to study in
the case of Death Row inmate Gary
Graham: whether a since-changed
provision of Texas’ death-penalty
law unfairly limited how jurors con-
sider mitigating evidence.

A decision in Graham’s case is
expected in 1993.

Kenneth Granviel: Prosecutors say
he killed 7 people 18 years ago.

Granviel, 41, had been scheduled
to die June 3 before the justices or-
dered his execution postponed.

Granviel was convicted of killing
2-year-old Natasha McClendon,
one of five family members slain
Oct. 7, 1974. Two women were
killed in a similar fashion in Fort
Worth four months later.

Granviel, accompanied by a cler-
gyman, surrendered to Fort Worth
police Feb. 8, 1975, and admitted to
the slayings.

The case is Granviel vs. Texas,
91-8475.

Lt Lhgeu ~ ty Porth, 7X 6-50-79

Execution halted in ’74 FW slaying

@ HUNTSVILLE, Texas — The U.S. Supreme Court
halted the scheduled execution of convicted killer
Kenneth Granviel late Wednesday, about six hours be-
fore he was to have been given a lethal injection for
murdering a 2-year-old Fort Worth girl in 1974. Attor-
neys for Mr. Granviel contended their client was men-
tally incompetent and insane and should not be exe-
cuted for the slaying, one of seven people Mr. Granviel
has confessed to killing. Mr. Granviel, 41, had faced

execution for fatally stabbing Nat
nearly 18 year aoe g asha McClendon

Dallas Wlotning News
{4/92

High court blocks
Texas execution

4UNTSVILLE, Texas — The
2 bg-aureme Court on Wednes-
‘day halted the execution of a
-man who admitted killing seven
people, five of them members
_of the same family.

The ruling came about six
hours before Kenneth Granviel,
41, was to be given a lethal

injection for killing a 2-year-old
‘ girl, one of five people killed
‘ on Oct. 7, 1974, in Fort Worth.

- Supreme Court
blocks execution
HUNTSVILLE — The

Thursday, June 4, 1992/Las Vegas Review-Journal/11A

i) | 4 : 7

U.S. Supreme Court yes- | + Attorneys for Granviel con

‘terday tn A the 6 is iat: = | | ; tended their client was mentally
_uled execution of a man | | = | {| incompetent oem

-who admitted killing sev- || § X ‘= | : & Granville would have been
_.en people, five of them ony ts : the:ninth convicted killer execut-

family members. May : | | ed‘in-Texas this-year and the

The ruling came about yy | ' 51st since the state resumed

“six hours before Kenneth o fe] ‘ capital: punishment in 1982.
* Granviel, 41, was to be 5 = PA
. given a lethal injection for -. acy _
, killing a 2-year-old girl, =o | | ©
- one of five people killed Ss

on Oct. 7, 1974, in Fort S

Worth. (howe |

Attorneys for Granviel eee U0

contended their client was oF Sean

mentally incompetent and Supreme Court Blocks

insane. They argued to the a.

Supreme Court that the Execution in Texas

competency hearing to de-
* termine whether he could
stand trial’ was unfair.

Huntsville, Texas — The U.S. Su-

preme Court blocked yesterday |
the execution of a man who admit- |
ted killing seven people, five of |
them members of one family. |

The. ruling came. about six
hours before Kenneth Granviel,
41, was to be given a lethal injec-
tion for killing a 2-year-old girl,
one of five people killed Oct. 7,
1974, in Fort Worth. ~

Attorneys for Granviel con-
tended their client was mentally
incompetent and insane. They ar-
gued to the Supreme Court that
the competency hearing to deter-
mine whether he could stand trial
was unfair.

The Supreme Court, consider-
ing the same issue in a California
case, agreed to consider hearing
Granviel’s appeal, court spokes-
woman Toni House said. No vote
was noted in the court’s decision,
although the lack of a dissent indi-
cated the ruling was unanimous.

~~ ie os

A4 San Francisco Chronicle’ xxxwx

NATIONAL REPORT

THURSDAY, JUNE 4, 1992

"Death Row inmate’s appeal |

TEXAS
PRESS CLIPPING BUREAU
DALLAS
Established 1910

Fort Worth, TX
Star Telegram

(Cir. D. 256,765)
(Cir. S. 294,141)

rej ected by Supreme Court

The Associated Press

WASHINGTON — The Su-
preme Court yesterday turned down
an appeal by Texas Death Row in-
mate Kenneth Granviel, who pro-
secutors say murdered seven people
during a Fort Worth killing spree 18
years ago.

The justices, without comment,
let stand rulings that Granviel
received a fair trial and proper sen-
tence.

Earlier this month, the high court
ordered Granviel’s execution post-
poned until it had a chance to con-
sider one of his two pending appeals.

The justices ruled last week in a
California case that defendants may
be forced to prove their incom-
petence.

Granviel’s other appeal, which iS
still pending before the nation’s
highest court, raises the same issue
the justices agreed June 8 to study in
the case of Death Row inmate Gary
Graham: whether a since-changed
provision of Texas’ death-penalty
Jaw unfairly limited how jurors con-
sider mitigating evidence.

_. A decision in Graham’s case is
expected in 1993.

_Kenneth Granviel: Prosecutors say
he killed 7 people 18 years ago.

Granviel, 41, had been scheduléd
to die June 3 before the justices or-
dered his execution postponed. _

Granviel was convicted of killing
2-year-old Natasha McClendon,
one of five family members slain
Oct. 7, 1974. Two women were
killed in a similar fashion in Fort
Worth four months later.

Granviel, accompanied by a cler-
gyman, surrendered to Fort Worth
police Feb. 8, 1975, and admitted to
the slayings.

The case is Granviel vs. Texas,
91-8475.

TEXAS
PRESS CLIPPING BUREAU
DALLAS
Established 1910

Fort Worth, TX
Star Telegram
(Cir. D. 291,986)

JUN 3 - 14992

Tarrant girl’s killer to dietoday

BY KAYE NORTHCOTT
Fort Worth Star-Telegram Austin Bureau

AUSTIN — Barring a successful last-
minute appeal, Kenneth Granviel is sched-
uled to die early tomorrow for the 1974
stabbing death of a 2-year-old Fort Worth
girl.

Granviel, 41, was tried twice and found
guilty of killing Natasha McClendon at the
old Riverside Village Apartments in south-
east Fort Worth.

If Granviel’s execution by injection pro-
ceeds on schedule, he will the ninth Texas
prisoner to be put to death this year and the
51st since the death penalty was reinstated.

Danny Burns, Granviel’s Fort Worth at-
torney, filed a new writ yesterday with U.S.
District Judge Eldon B. Mahon. Burns said
the argument in the new appeal is that
“Kenneth is just too crazy to be executed.”

“The Supreme Court has ruled that if
you're incompetent and you do not realize
you're about to be killed, they can’t kill
you,” he said.

Granviel confessed to killing seven ac- .

quaintances, five women and two children,
in two deadly episodes. All but one of the
women were raped, according to court
records.

Natasha died Oct. 7, 1974, along with her

Kenneth Granviel: Céndieerd
to killing 7 people in 1974

mother, Martha McClendon; Martha’s sis-
ters Linda McClendon and Laura McClen-
don; and Laura McClendon’s 3-year-old
son, Steven. ;
“This was rape and murder with a knife.
It was quite a scene to see young children in
the photographs [of the crime scene]. There
was a great deal of carnage,” said Greg
Pipes, an assistant district attorney who

tried the case.

Granviel surrendered to police Feb. 8,
1975.

Pipes said Granviel later admitted killing
two other women at his apartment two
months after the McClendon slayings.

According to an information sheet pro-
vided by the Texas Department of Criminal
Justice, Granviel led authorities to the bod-
ies of Vera Hill and Betty Williams. One
had been raped and both had been stabbed
to death.

His case has been to the U.S. Supreme
Court several times and to the Texas Court
of Criminal Appeals seven times.

On Monday, the Texas Court of Criminal
Appeals turned down the seventh writ filed
on Granviel’s behalf.

Burns said his new writ includes evidence
from a former prison psychiatrist that
Granviel is not in touch with reality.

“The doctors say he can mouth words but
he doesn’t understand. He says if they kill
him can he come back and visit,” Burns
recounted.

TEXAS
PRESS CLIPPING BUREAU
DALLAS
Established 1910

San Antonio, TX
Express News
(Cir. D. 183,814)

AN 3 199

HUNTSVILLE — Attorneys for Texas death row U 5" Clretit Court vf teas overtumed by ila

s
4
:
g
=
3
8
3
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8
=}
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| i . he ee ,
Granviel, 41, faced lethal injection for killing a 2- i,. The Texas Court of Criminal Appeals, the State’s

Aten oo Thos ; {highest criminal appeals court, on Monday denied
year-old girl in a Fort Worth msec. Natasha ‘writs filed by Granviel’s attorneys,

McClendon was one of five le . aati ”
_and one of seven people he ‘adel ted lav a 1974, “The ball is back in their court,” Tarrant County

_ State attorneys characterized the former machin- Neeley, “They might ry again ieee said

Thursday. He would be the ninth convicted killer to be Patt S tuscense Cece Pe, consid-

ent in 1982. The totals | Granviel confessed to killing seven people — five
are by far the est in the nation. - of them members of the same family = uring four |
_Granviel 0 ally was Scheduled to become the months of 1974 and 1975. He was tried for the murder |
State’s first ner to be executed by injection in of Natasha McClendon, who was stabbed to death
September 1977, His execution, however, was Stayed along with her mother, Martha, and three other rela-
as defense attorneys challenged the constitutionality tives at an apartment complex in Fort Worth. }

TEXAS
PRESS CLIPPING BUREAU
DALLAS
Established 1910
leeeemnteee

Fort Worth, TX
Star Telegram
(Cir. D. 2 1,986)

iller 5"
eath
delayed

Competency issue

leads to Granviel Stay .

By BILL HANNA

AND
Fon Work Sass

The U.S. Supreme Court yester-.

day granted convicted capital mur-
derer 'K. Granviel of Fort
Worth a Stay of execution until the

night and dawn today in Huntsville
for the 1974 rape-slaying of 2-year-

But about 5 P.M. yesterday, Su-
Preme Court officials faxed orders

icy

Questions about Granviel’s sani-
ty have defined his defense since his
arrest in connection with the slay-
ings.

Inanappeal filed yesterday morn-
ing in U.S. District Judge Eldon
Mahon’s court in Fort Worth, Gran-

rendersa decision in theothercase.
The news was met with elation in

thing when we win.” *
But Mahon said the matter was
“just put on hold” until the Nation’s .

highest court decides the legal ques-

his court, Mahon said. The judge
said he does not know when the
California case is set for review.

In their appeal, Granviel’s attor-,

(More on STAY on Page 18) )
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TEXAS

PRESS CLIPPING BUREAU

DALLAS
Established 1910

San Antonio, TX
Express News
(Cir. D. 183,814)

3.0 JUN1992

A Court rej ects appeal }
DY Fort Worth killer

WASHINGTON .— The Su-
preme Court on. Monday turned
down an appeal by Texas death
row inmate. Kenneth Granviel, who
was convicted of murdering seven
people during a Fort Worth killing
spree 18 years ago.

The justices, without comment,
let stand rulings that Granviel re-
ceived a fair trial and proper sen-
tence.

The high court. earlier. this

month ordered Granviel’s execu-
tion postponed until it had a chance
to consider one of his two pending
appeals.

It raised a challenge to his being
forced to prove his incompetence
to stand trial even after three
court-appointed experts testified
that he was too mentally ill.

_That was the appeal rejected
Monday. . ee
The justices last week ruled in a
California case that defendants
may be forced to prove their in-
competence. — —

- Granviel’s other appeal, which
is pending before the court, raises
the same issue the justices agreed
on June 8 to study in the case of
death row inmate Gary’ Graham
— whether a since-changed provi-

Death row _ inmate
Granviel was convicted of killing
seven people in 1974.

sion of Texas’ death-penalty. law

unfairly limited how jurors. con-

sider mitigating evidence. Sar
A decision in Graham’s case is

,.expected sometime in 1993. :
Granviel, 41, had: been scheduled :
to die. June 3 before. the justices or-:

dered his execution postponéd:: . -

Granviel was convicted Of kill-

ing 2-year-old Natasha McClendon,

one of five family members slain.

Oct. 7, 1974.

! Kenneth

{
!

(

Killer’s —
Ft. lard
death:::

Telearan

delayed |

.& (4/42
Competency issu

leads to Granviel stay

BY BILL HANNA
AND LYDIA LUM
Fon Worth Star-Telegram

Questions about Granviel’s sani-
ty have defined his defense since his
arrest in connection with the slay-
ings. 7

In an appeal filed yesterday morn-
ing in U.S. District Judge Eldon
Mahon’s court in Fort Worth, Gran-
viel’s attorneys argued that his life
should be spared until the court
rendersa decision in the othercase.

The news was met with elation in
the office of defense attorney Danny
Burns, who had worked feverishly
since Tuesday to save Granviel’s
life.

“We're going to go get drunk,”
Burns shouted as the sound of his
electric train’s whistle blew in the
background. “I always blow that
thing when we win.”

But Mahon said the matter was
“just put on hold” until the nation’s
highest court decides the legal ques-
tion. Once the Supreme Court issues
a decision, the question of whether
Granviel will be executed returns to
his court, Mahon said. The judge
said he does not know when the
California case is set for review.

In their appeal, Granviel’s attor-.

(More on STAY on Page 18)

Stay

From Page 15

neysS pursued three strategies sug-
gesting that their client was “too
crazy” to be executed, Burs said.

Granviel is one of 23 Tarrant
County Death Row inmates and
would have been the 51st person to
die in Texas since the death penalty
was reinstated in 1977.

Granviel was onginally sched-
uled to be the first person to die
when capital punishment resumed,
but he received a stay after defense
attorneys challenged the constitu-
uonality of the then-new lethal in-
jection method.

Granviel’s conviction later was
thrown out because of an error in
jury selection. He received a second
tnal and was convicted again in
1983.

Prosecutors in both trials de-
scribe him as one of the most dan-
gerous criminals they ever tried.

“I think Kenneth was one of those
people who liked to hun people,”
said Jack Stnckland, who prosecut-
ed Granviel in his first trial.

Ever since Granviel turned him-
self in to authorities in 1975, de-
fense attomeys have raised the issue
of Granviel’s mental competency,
Stnckland said. He said the courts
have had “to balance Kenneth’s
dangerousness against the question
of his sanity” at every court pro-
ceeding.

“T think he stretches the limits of
legal sanity to the breaking point,”
said Stnckland, now a defense law-
yer.

But Assistant District Attorney
Greg Pipes, who prosecuted the sec-
ond trial, said Granviel should be
put to death.

“T think he’s a perfect example of

why we have the death penalty,”
Pipes said.
' In addition to killing Natasha
McClendon, Granviel confessed to
killing her mother, Martha McClen-
don; Martha McClendon’s sisters,
Linda McClendon and Laura
McClendon; and Laura McClen-
don’s 3-year-old son, Steve. All but
one of the women were raped.

For Burns, yesterday was an emo-
tional roller coaster as he desperate-
lytned to win Granvielarepneve.

Execution halted in ’74 FW slaying

M@ HUNTSVILLE, Texas — The U.S. Supreme Court
halted the scheduled execution of convicted killer
Kenneth Granviel late Wednesday, about six hours be-
fore he was to have been given a lethal injection for
murdering a 2-year-old Fort Worth girl in 1974. Attor-
neys for Mr. Granviel contended their client was men-
tally incompetent and insane and should not be exe-
cuted for the slaying, one of seven people Mr. Granviel
has confessed to killing. Mr. Granviel, 41, had faced
execution for fatally stabbing Natasha McClendon
nearly 18 years ago.

Dallas (Vio (NING News
& [4 [9z

TEXAS
PRESS CLIPPING BUREAU
DALLAS
Established 1910

AUSTIN, TEXAS
Am-Statesman

3 6 TURighBe
149

Supreme Court rejects death row appeal

Associated Press

WASHINGTON — The Su-
preme Court on Monday rejected
an appeal by Texas death row in-
mate Kenneth Granviel, who pros-
ecutors say murdered seven people
in Fort Worth 18 years ago.

The justices, without comment,
let stand rulings that Granviel re-
ceived a fair trial and proper
sentence.

The high court earlier this
month ordered Granviel’s execu-
tion postponed until it had a
chance to consider one of his two

pending appeals.

It raised a challenge to his being
forced to:prove his incompetence
to stant trial even after three
court-appointed experts testified
that he was too mentally ill. That
appeal was rejected Monday.

The justices last week ruled in a
California case that defendants
may be forced to prove their
incompetence.

Granviel’s other appeal, which is
still pending before the nation’s
highest court, raises the same issue

the justices agreed on June 8 to

study in the case of death row in-

mate Gary Graham — whether a
since-changed provision of Texas’
death-penalty law unfairly limited
how jurors consider mitigating
evidence.

A decision in Graham’s case is
expected in 1993.

Granviel, 41, had been scheduled
to die June 3 before the justices or-
dered his execution postponed.

Granviel was convicted of killing
2-year-old Natasha McClendon,
one of five people slain in 1974.
Two other women were killed in a
similar fashion in Fort Worth four
months later.

Death row inmate Kenneth Granviel

was convicted of the 1974 killing of
a 2-year-old Fort Worth girl.

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Granviel. |

From Page 15

that if you're incompetent and you
do not realize
killed, they can't kill you,” he said.

who tried the case, - |
Granviel surrendered. to police
Feb. 8, 1975,
Pipes said Granviel later admit-
ted killing two other women at his

- Apartment two months after the

McClendon slayings.
According to an information

sheet provided by the Texas Depart- ‘

ment of Criminal Justice, Granviel F
led authorities tothe bodies of Vera °:
Hill and Betty Williams. One had '
- been raped and both had been stab-

bed to death.
Granviel’s first conviction was

- Overturned on the grounds that

Jurors were improperly disqualified
after being questioned about their
views on the death penalty. He was

Secutors argued successfully that he
was competent to Stand trial.

\
In 1988, Granviel interrupted a

federal hearing for about 15 minutes
saying he needed to get his passport
so he could prove his identity.

David Talbot, Gov. Ann Rich-
ards’ general counsel, said the gover-
nor has not been contacted about a
last-minute reprieve for Granviel.

Granviel Originally was sched-
uled to become the state’s first pris-
oner to be executed by injection in
September 1977. His execution
date, however, was Stayed as defense
attorneys challenged the constitu-
tionality of the then-new execution
method.

“It is probable his execution will
80 through as scheduled. We have
reviewed the file and I have a brief-
ing for the governor,” Talbot said.

This report contains information
from The Associated Presa.

145 /

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Baton Rouge, LA
The Advocate
(Cir. Morn. 75,699)
(Cir. S. 130,015)

-4 JUN 92

49S \

- Execution stayed

HUNTSVILLE, Texas — The U.S. Supreme
Court on Wednesday halted the scheduled
execution of a man who admitted killing seven
people, five of them
family members.

The ruling came
about six hours before
Kenneth Granviel, 41,
was to be given a lethal
injection for killing a 2-
year-old girl, one of five
people killed on Oct. 7,
1974, in Fort Worth.

Attorneys .__—_. for
Granviel contended
their client was
mentally incompetent and insane. They argued
to the Supreme Court-that the competency
hearing to determine whether he could stand
trial was unfair.

The Supreme Court, considering the same
issue in a California case, agreed to consider
hearing Granviel’s appeal, court spokeswoman
Toni House said. No vote was noted in the
court’s decision, although the lack of a dissent
indicated the ruling was unanimous.

~ /

Granviel

Killer’s attorneys wei

Dallas Herning Hous G(3/9z

Man set to be executed Thursday in 1974 slaying of girl, 2, in FW

By Michael Graczyk
Associated Press

HUNTSVILLE, Texas — Attor-
neys for Texas death row inmate
Kenneth Granviel were consider.
ing appeals to try to keep the con-
victed killer from being put to
death early Thursday.

Mr. Granviel, 41, faced lethal in-
jection for killing a 2-year-old gir!
in a 1974 incident in Fort Worth. Na-
tasha McClendon was one of five
people killed Oct. 7, 1974, and one of
seven people Mr. Granviel has ad-
mitted murdering. s

Mr. Granviel originally was
Scheduled to become the state’s
first prisoner to be executed by in-
jection in September 1977. His exe-
cution date, however, was Stayed as
defense attorneys challenged the
constitutionality of the then-new

execution method.

In 1981, his conviction was over-
turned by the Sth US. Circuit Court
of Appeals in New Orleans. He was
retried two years later, convicted
and again sentenced to death.

The Texas Court of Criminal
Appeals, the state’s highest crimi-
nal appeals court, on Monday de-
nied writs filed by Mr. Granviel’s
attorneys.

“The ball is back in their court,”
Tarrant County assistant district at-
torney Edward Wilkinson said
Tuesday.

Mr. Granviel's attorney, Dan
Burns, was busy with appeals and
was not available to speak about the
case, a secretary at his office said
Tuesday.

Mr. Wilkinson said the most re-
cent appeals rejected by the Court
of Criminal Appeals contended that
Mr. Granviel’s execution would be
unconstitutional because he is men-
tally incompetent. An earlier writ
also rejected by the court con-
tended that Mr. Granviel’s jury was
not allowed to consider Initigating
evidence that he is a paranoid
schizophrenic.

gh appeals

Attorneys also have prepared
appeals to be considered by the US.
Supreme Court, Mr. Wilkinson said.

Mr. Granviel confessed to killing
seven people — five of them mem.
bers of the same family — during
four months of 1974 and 1975s. He
was tried for the murder of Natasha
McClendon, who was stabbed to
death along with her mother, Mar-
tha, and three other relatives at an
apartment complex in Fort Worth.
Each had been stabbed with a
butcher knife.

Mr. Granviel said he killed the
girl “because she started hollering
and somebody was beating on the
front door.”

He contended that uncontroll-
able sexual urges forced him into
the rape-murder spree.

He surrendered to police on Feb.
8, 1975, after raping a woman and
abducting another and holding sev-
eral people hostage at a Fort Worth
house. He later admitted killing two
friends, Betty Williams and Vera
Hill. Both women had been raped,
and they were fatally stabbed with
a knife. Mr. Granviel led police to
their bodies.

Fort Worth girl’s killer to die tomorrow

Ft. Worth Star Telegram o(34(6R

By KAYE NORTHCOTT
For Worth Star-Telegram Austin Burcau

AUSTIN — Barring a successful last-
minute appeal, Kenneth Granviel is sched-
uled to die early tomorrow for the 1974
stabbing death of a 2-year-old Fort Worth
girl.

Granviel, 41, was tned twice and found
guilty of killing Natasha McClendon at the
old Riverside Village Apartments in south-
east Fort Worth.

If Granviel’s execution by injection pro-
ceeds on §chedule, he will the ninth Texas
prisoner t&be put to death this year and the
51st since the death penalty was reinstated.

Danny Burns, Granviel’s Fort Worth at-
tomey, yesterday filed a new wnt with U.S.
District Judge Eldon B. Mahon. Bums said
the argument in the new appeal is “Kenneth
IS JUST LOO crazy to be executed.”

“The Supreme Court has ruled that if
you're incompetent and you do not realize
you're about to be killed, they can’t kill
you,” he said.

Granviel confessed to killing seven ac-

Man, 41, confessed to killing 7 in 1974

quaintances, five women and two children,
in two deadly episodes. All but one of the
women were raped, according to court
records. .

Natasha died along with her mother Mar-
tha McClendon, Martha’s sisters Linda
McClendon and Laura McClendon, and
Laura’s 3-year-old son Steven on Oct. 7,
1974.

Granviel surrendered to police Feb. 8.
1975.

Pipes said Granviel later admitted killing
two. other women at his apartment two
months after the McClendon slayings.

According to an information sheet pro-
vided by the Texas Department of Criminal

Justice, Granviel led authorities to the bod-
ies of Vera Hill and Betty Williams. One
had been raped and both had been stabbed
to death.

Granviel’s first conviction was overtum-
ed on the grounds that jurors were improp-
etly disqualified after being questioned
about their views on the death penalty. He
was convicted a second time in 1983.

His case has been to the U.S. Supreme
Court several times and to the Texas Court
of Criminal Appeals seven times.

On Monday, the Texas Court of Criminal!
Appeals turned down the seventh wnit filed
on Granviel’s behalf.

Burns said his new wnt includes evidence
from a former prison psychiatrist that
Granviel is not in touch with reality.

“The doctors say he can mouth words but
he doesn't understand. He says if they kill
him can he come back and visit,” Burns
recounted.

Granviel displayed irrational behavior in
the courtroom on at least one occasion, but
Fort Worth prosecutors argued successfully
that he was competent to stand trial.

In 1988, Granviel interrupted a federal
hearing for about 15 minutes saying he

“needed to get his passport so he could prove
his identity.

David Talbot, Gov. Ann Richards’ gen-
eral counsel, said the governor has not been
contacted about a last-minute reprieve for
Granviel.

Granviel orginally was scheduled to be-
come the state’s first prisoner to be execut-
ed by injection in September 1977. His
execution date, however, was stayed as de-
fense attorneys challenged the constitu-
uonality,of the then-new execution meth-
od.

“It is probable his execution will go
through as scheduled. We have reviewed
the file and I have a briefing for the gover-
nor,” Talbot said.

This report contains information
from The Associated Press.

TEXAS
PRESS CLIPPING BUREAU
DALLAS
Established | 910

AUSTIN, TEXAS
Am-Statesman

hie 2 Wa

—

| 45 pa Capital briefs

eee nc

Tuesday's Republican primary. He will be joined

Jerry Brown brings by Texas GOP leaders and retired military person-

campai gn to Aus ti n nel, according to the Bush campaign.
| Death row inmate to replead case

American-Statesman CaPic! —_ The Texas Court of Criminal Appeals on
‘ Former California Gov. Jerry Brown, @ candi- Wednesday denied an appeal by 4 death row In-
date for the Democratic presidential nomination, mate but said he can plead his case again. Kenneth

will hold a rally at noon today at the West Mall on Granviel was convicted of capital murder in Tar-
-the University of Texas campus. Brown scheduled rant County for the October 1974 stabbing of Nata-

the visit between stops in San Antonio and Dallas. ° I
comings P insanity. In his appeal, he said the trial court erred

: by telling jurors that a defendant is presumed sane
Gulf war general boosts Bush unless proven otherwise and by not allowing them
Retired Lt. Gen. Thomas Kelly, the Army offi- to consider his background of mental illness. The
‘cer known for his Pentagon briefings during the court ruled Granviel did net provide enough facts
Persian Gulf war, will be at the Capitol today to to back up his claims but said he could replead his
promote the candidacy of President Bush in Super case.
_—t

US. COURT REJECTS |
ENALITES!

p¢

2 DEAT

Appellate Opinions Challenge | *
State Pre-trial Procedures © |

NEW ORLEANS, Sept. 12 (UPI) — A |-

Federal court has set aside the death
penalties of two Texas men convicted of
murder. ° ,

The United States Court of Appeals for }-

the Fifth Circuit ordered lower courts to

impose reduced sentences or conduct |:

new sentencing proceedings for Kenneth

Granviel, who was convicted in 1976 of |~
murdering a: 2-year-old, Natasha Mc- ‘|.

Clendon, and for Billy Joe Battie, who
was convicted of killing a store clerk
and a customer in a Fort.Worth robbe
Jan. 13, 1975. :

Mr. Granviel had confessed to raping
four women and stabbing to death five
women and two children, including the
2-year-old, in two sprees.

In an appeal, he said that his rights
had been violated because the prosecu-
tion improperly excluded from the jury
panel two persons who said they ob-
jected tothe death penalty. .

Panel Members Voiced Misgivings

Court documents disclosed that one
potential juror stated that he had’
scruples against the death penalty. An-
other said that her concern would affect
her deliberations.

“These are strong expressions in-
deed,” the court wrote of the potential
jury members’ opinions, ‘‘but they fall
short of unequivocal avowals’’ that
would have disqualified them.

Mr. Battie, convicted of killing Peggy
Hester, the store attendant, and John
Howard Rohinson,-a customer, was ar-
rested on unrelated charges a few days
aftertheslayings. - —

Court records said that he tried to lead
the police astray by posing as a witness
to the murders and telling officials that
someone else was responsible. How-
ever, he later confessed to shooting the

two with a shotgun.

' ver, when the state called him to testify

see whether he was competent to stand-
trial and also whether he 2»
se time of the killings. Nerina
r. Howard Patterson, & Clinical -
chologist, administered psychological
tests but at the time was unaware of Mr.
Battie’s background and the facts of the
crime ¢fwhichhewasaccused. i
Dr. Patterson did not testify about the
man's competency to stand trial or his
Sanity at the time of the killings. How-

in the penalty stage, he said Mr. Battie
suffered from a soci
disorder. = pence)
The prisoner appealed on the ground
that the admission of the psychologist’s
testimony violated-his Fifth Amend-
ment right notto incriminate himself.
The Federal appeals court agreed.

a eo ae

5-29-90

The United States LAW WEEK

guarantee a psychiatrist “who will reach biased
or only favorable conclusions.” Granviel v. Lyn-
augh, 881 F.2d, at 192. If the psychiatrist ap-
pointed to assist the defendant determines that
the defendant was not insane at the time of the
offense, he probably will not be able to provide
much helpful testimony for the defense on the
insanity issue. But the psychiatrist’s determina-
tion may not be revealed to the prosecution for
use as evidence any more than may the results of
the investigation and research of the defendant’s
court-appointed lawyer.

Texas’ provision of a “disinterested” expert
thus does not satisfy Ake. Texas may, of course,
provide for appointment of such an expert to aid
the factfinder in determining the validity of a
defendant's insanity defense. Cf. Fed. Rule Evid.
706. Such an appointment, however, must supple-
ment — not take the place of — appointment of a
psychiatrist to assist the defendant in preparing
and presenting his defense.

Granviel is entitled to a new trial because he
was deprived of the assistance required under
Ake. Furthermore, as this result is dictated by
Ake, which we decided before petitioner’s convic-
tion became final, Granviel’s claim is not barred
by this Court’s decision in Teague v. Lane, 494
U.S. ___, —__ (1989). Because the Fifth Cir-
cuit’s misinterpretation of Ake substantially un-
dermines an indigent defendant’s ability to
present an effective defense, I would grant the
petition to reaffirm our holding in Axe. Even if
Granviel did not have a meritorious Ake claim, I
would grant the petition and vacate petitioner’s
death sentence on the ground that the death
penalty is in all circumstances cruel and unusual
punishment prohibited by the Eighth and Four-
teenth Amendments. Gregg v. Georgia, 428 U.S.
153, 231 (1976) (Marshall, J., dissenting).

Appeal—Summary Disposition

89-1564 Poole v. Gresham. The judgment is
affirmed.

Orders In Pending Cases

A-822_ Bilcik v. U.S. The application for a stay
of an order of the United States District Court
for the Southern District of New York, dated
June 30, 1989, presented to Justice Marshall and
by him referred to the Court is denied.

88-1916 Minnesota v. Olson. The motion of
petitioner respecting the mandate and judgment
of this Court is denied.

89-1563 Williams v. Stone. The motion of peti-
tioners to defer consideration of the petition for a
writ of certiorari is granted.

89-6702 Carter v. Nesby. The motion of peti-
tioner for leave to proceed in forma pauperis is
denied. Petitioner is allowed until June 19, 1990,
within which to pay the docketing fee required by
Rule 38(a) and to submit a petition in compli-
ance with Rule 33 of the Rules of this Court.
Justice Brennan and Justice Marshall, dissenting:
For the reasons expressed in Brown v. Herald
Co., Inc., 464 U.S. 928, we would deny the
petition for a writ of certiorari without reaching
the merits of the motion to proceed in forma
. pauperis.

89-7056 Blackmon v. Texas. The application
for stay of execution of sentence of death present-
ed to Justice White and by him referred to the
Court is granted pending this Court’s action on
the petition for a writ of certiorari. Should the
petition for a writ of certiorari be denied, this
Stay terminates automatically. In the event the
petition for a writ of certiorari is granted, this
stay shall remain in effect pending the issuance of
the mandate of this Court.

Certiorari Granted
89-1555 Dennis v. Higgins, Dir. The petition
for a writ of certiorari is granted.

89-139] Rust v. Sullivan, Sec. of H&HS; and
89-1392 New York v. Sullivan, Sec. of H&HS

The petitions for writs of certiorari are grant-
ed. These cases are consolidated and a total of
one hour is allotted for oral argument.

89-7272 Harmelin v. Michigan. The motion of
petitioner for leave to proceed in forma pauperis
and the petition for a writ of certiorari are grant-
ed limited to Question III presented by the
petition.

Certiorari Denied

Connolly v. Securities Industry Assn.
Evans v. City of Chicago
Doe v. Bobbitt
Bross v. Derwinski, Sec. of VA
110-118 Riverside Corp. v. U.S.
David R. Webb Co., Inc. v. NLRB
Crider v. US.
Barnhart v. U.S.
Garza v. US.
Kaufman v. City of New York
Mannheim Video, Inc. v. Cook County
ACW Airwall, Inc. v. USDC Puerto

89-894

89-1191
89-1218
89-1313
89-1349
89-1371
89-1380
89-1395
89-1397
89-1412
89-1458

89-1472
Rico

89-1483
89-1516
89-1530

Ramirez v. Oregon State Bar
Harris, Gov. of Georgia v. Luckey
Proud v. Army Corps of Engrs.

The Supreme Court’s journal of
proceedings, which contains the offi-
cial minutes of the Court, is repro-
duced virtually verbatim in U.S. Law
Week. The principal omissions from
Law Week’s reproduction of the jour- -
nal are the admissions to, and suspen-
sions and disbarments from, the Su-
preme Court Bar.

The bulk of the journal consists of
certified orders lists, containing the
Court’s action on petitions for certio-
rari, appeals, and a wide variety of
other matters. Frequently, the
Court’s disposition of one of these
items is accomplished by a short opin-
ion, which may be either signed or
per curiam. These opinions, as well as
any concurrences and dissents, are
printed in full by Law Week as part
of the journal of proceedings. In addi-
tion the journal contains any other
action taken by the full Court as a
body, and these items also generally
appear in Law Week.

Citation to Supreme Court action
reported in the journal should be to
the Law Week page at which the
journal item appears, and not to Law
Week’s summary of orders.

0148-8} 39/90/$0+.50

89-1547
89-1551
89-1553
89-1558
89-1561
89-1579
89-1639
89-1649
89-1663
89-1668
89-1669
89-1673
89-1692
89-1700
89-5493
89-5727
89-5896
89-6072
89-6134
89-6282
89-6287
89-6414
89-6429
89-6692
89-6792
89-6794

89-6837
DOC

89-6860
89-6887
89-6899
89-6920
89-6924
89-6925
89-6942

_ 89-6945

89-6972
89-7009
89-7084
89-7086
89-7089
89-7096
89-7099

89-7107
DOC

89-7109
89-7111
89-7112
89-7118
89-7119

89-7123
Housing

89-7125
89-7126

89-7127
Mexico

89-7128

Salminen v. Terry
Pogue v. White Stone I
Underwood v. Servicem
Stephens v. McKinney
Campbell v. City of Phi
Griffing v. Children’s H*
Appleman v. U.S.
Isibor v. Bd. of Regents
Fiumara v. O’Brien, W
Stanfield v. Horn

Greco v. U.S.

Pope v. Bond

D’Ottavio v. U.S.
Parker v. U.S.

Griffin v. U.S.

Simpson v. U.S.
Romero v. U.S.

Caulk v. U.S.

Acosta v. U.S.

Herrada v. U.S.

Burks v. U.S.

Green v. U.S.

Newman v. U.S.
Griffith v. Rolfs, Supt.
Duncan v. U.S.
Grancorvitz v. Cooke, S
Nettles v. Dugger, Sc

Thomas v. Illinois
Terrell v. Illinois
Santoyo v. U.S.

Stull v. U.S.
Hernandez v. U.S.
Savage v. U.S.

Silvers v. U.S.

Pinelli v. U.S.

Lake v. California
Castillo v. U.S.

Sharp v. Kemna, Supt.
Smalley v. Conroy
Rentschler v. Missouri
Lynch v. Pearce
Horner v. Illinois

Austin v. Lockhart, D

Allustiarte v. Cooper
Allustiarte v. Cooper
Walker v. Cadillac Moto
Martin v. Sup. Court of |
Martin v. Sup. Court of |
Friedman v. New York '

R.P.Z. v. New Jersey
Martin v. Shank

Lepiscopo, v. Pen. Ho

Robinson v. Dubina

58 LW 3752

The United States LAW WEEK

TAXATION
89-1349: 110-118 RIVERSIDE TENANTS CORP.
v. US.

Ruling below (CA 2, 886 F2d 514):

At time government imposed tax lien on tax-
payer’s shares in cooperative apartment, taxpayer
was not in default under lease, and thus was
entitled to entire proceeds of sale of shares; ac-
cordingly, government’s lien covered all of pro-
ceeds of sale of shares, not net proceeds after
cooperative association made certain deductions,
permitted under lease, for expenses relating to
default and sale of unit.

UNITED STATES

89-1380 CRIDER v. US.

Ruling below (CA 5, 885 F2d 294):

Officers of U.S. Park Service have no duty,
under Texas law, to restrain or arrest drunk
driver in circumstances where they saw him drive
recklessly and found marijuana and open alcohol
containers in his car after they stopped him;
accordingly, when same driver caused sever in-
jury to another person in auto accident later that
day because he was driving while intoxicated,
government is not liable to victim under Federal
Tort Claims Act.

89-1673 POPE v. BOND

Ruling below (CA DC, 12/29/89):

Claims by discharged federal employee, alleg-
ing wrongful personnel actions by his federal
agency employer, fall within scope of grievances
redressable by 1978 Civil Service Reform Act,
and thus, former employee cannot maintain con-
stitutional tort action against agency.

VETERANS

89-1313 BROSS v. DERWINSKI

Ruling below (CA 2, 889 F2d 1256):

Veterans’ Dioxin and Radiation Exposure
Compensation Standards Act, which requires ad-
ministrator of veterans’ affairs, after receiving
advice of Scientific Council of Veterans’ Adviso-
ry Committee on Environmental Hazards, to
evaluate findings of studies relating to risks of
exposure by service personnel to dioxin or ioniz-
ing radiation, is chiefly concerned with proce-
dures for awarding VA compensation, and thus
interest of scientist who alleged that VA unlaw-
fully considered and failed to publish evaluations
of his reports showing stronger causal connection
between ionizing radiation and cancer than VA
currently recognizes was not within zone of inter-
ests protected by act, and he therefore lacked
standing to assert claims under Administrative
Procedure Act; scientist failed to establish pro-
tected life, liberty, or property interest at stake
with respect to his studies, and thus district court
properly dismissed his claim that VA’s proce-
dures denied him due process.

89-1395 BARNHART v. USS.

Ruling below (CA 7, 58 LW 2176):

Appropriate consideration for suspending two-
year period for filing administrative claim under
Federal Tort Claims Act is not capability to sue,

but ability to discover cause of injury; claimant’s .

alleged tardive dyskinesia, organic brain disease,
and fear of proceeding against Veterans Adminis-
tration, allegedly resulting from VA’s administra-
tion of tranquilizers to him for unduly long period
of time, did not prevent him from filing suit
against manufacturer of one of drugs responsible
for his condition within two years of time that his

alleged symptoms were diagnosed by private phy-
sician, and thus his alleged disability did not
prevent him from discovering and understanding
cause of his injury, even if fear did prevent him

ea
5-29-96 >

from proceeding against VA; accordingly, mal-
practice claim under FTCA against VA, not filed
within two years of time cause of injury was
discovered, was time barred.

JOURNAL OF PROCEEDINGS

May 21, 1990

Order
Justice Blackmun issued the following order.

A-829 Schneider v. Missouri. Upon Consider-
ation of the application of counsel for the
applicant,

It Is Ordered that the execution and enforce-
ment of the sentence of death imposed upon the
applicant and scheduled for May 23, 1990, is
stayed pending the timely filing of a petition for a
writ of certiorari. Should the petition for writ of
certiorari be denied, this stay terminates auto-
matically. In the event the petition for a writ of
certiorari is granted, this stay shall continue
pending the issuance of the mandate of this

" QqrapgVs ek

——"May 29, 1990

89-6484 Granviel v. Texas. The petition for a
writ of certiorari is denied.

Justice Marshall, with whom Justice Brennan
joins, dissenting.

This case raises the question whether an indi-
gent criminal defendant’s constitutional right to
psychiatric assistance in preparing an insanity
defense is satisfied by court appointment of a
psychiatrist whose examination report is available
to both the defense and prosecution. The Fifth
Circuit, in habeas review, held that such an
appointment is sufficient. 881 F.2d 185 (1989).
This ruling is squarely inconsistent with our deci-
sion in Ake v. Oklahoma, 470 U.S. 68 (1985),
that a State must provide an indigent defendant a
psychiatrist to assist in preparing and presenting
his defense. Ake mandates the provision of a
psychiatrist who will be part of the defense team
and serve the defendant’s interests in the context
of our adversarial system. To allow the prosecu-
tion to enlist the psychiatrist’s efforts to help
secure the defendant’s conviction would deprive
an indigent defendant of the protections that our
adversarial process affords all other defendants.

Kenneth Granviel was tried for capital murder
in 1983. Prior to trial, Granviel requested that
the court appoint a mental health expert to help
him prepare an insanity defense. He specifically
asked that the expert’s report not be made avail-
able to the prosecution. The trial court denied
petitioner’s request for confidential expert assist-
ance; it did, however, appoint a disinterested
expert whose report would go to both the defense
and prosecution, as authorized by Texas Code of
Criminal Procedure Article 46.03(3) (Vernon
1979 & Supp. 1990). That statute provides:

“(a) If notice of intention to raise the insan-
ity defense is filed ..., the court may, on its
own motion or motion by the defendant, his
counsel, er the prosecuting attorney, appoint
disinterested experts experienced and qualified
in mental health and mental retardation -to
examine the defendant with regard to the in-
sanity defense and to testify thereto at any trial
or hearing on this issue.

0148-8139/90/$0+.50

““(b) The court may order any defendant to
submit to an examination for the purposes
described in this article ...

“(c) The court shall advise any expert ap-
pointed pursuant to this section of the facts and
circumstances of the offense with which the
defendant is charged and the elements of the
insanity defense.

“(d) A written report of the examination
shall be submitted to the court within 30 days
of the order of examination, and the court shall
furnish copies of the report to the defense
counsel and the prosecuting attorney.” See also
Art. 46.02 (providing for court appointment of
expert to determine defendant’s competency to
stand trial).

Pursuant to this law, the court also allowed the
prosecution, over Granviel’s objection, to rebut
Granviel’s evidence of insanity with the report of
a psychiatrist appointed at Granviel’s request.

In Ake, we held that “when a defendant dem-
onstrates to the trial judge that his sanity at the
time of the offense is to be a significant factor at
trial, the State must, at a minimum, assure the
defendant access to a competent psychiatrist who
will conduct an appropriate examination and as-
sist in evaluation, preparation, and presentation
of the defense.” 470 US., at 83 (emphasis add-
ed). Ake was concerned not with establishing a
procedure whereby an independent examiner
could determine the validity of a defendant’s
insanity defense and present his findings to both
parties and to the court. Rather, Ake was direct-
ed at providing a defendant with the tools neces-
sary to present an effective defense within the
context of our adversarial system, in which each
party marshals evidence favorable to its side and
aggressively challenges the evidence presented by
the other side. In that adversarial system, “the
psychiatrists for each party enable the [court or]
jury to make its: most accurate determination of
the truth on the issue before them.” /d., at 81.
Thus, we recognized in Ake that a defense psy-
chiatrist is necessary not only to examine a de-
fendant and to present findings to the judge or
jury on behalf of the defendant, but also to
“assist in preparing the cross-examination of a
State’s psychiatric witnesses,” id., at 82, and in
determining “how to interpret their answers,” id.,
at 80. Just as an indigent defendant’s right to
legal assistance would not be satisfied by a
State’s provision of a lawyer who, after consulting
with the defendant and examining the facts of the
case and the applicable law, presented everything
he knew about the defendant’s guilt to the de-
fendant, prosecution, and the court, so his right to
psychiatric assistance is not satisfied by provision
of a psychiatrist who must report to both parties
and the court.

Ake’s requirement of psychiatric assistance
does not mean that a defendant can shop around
for a psychiatrist “of his personal liking” or
“receive funds” from the State to hire a psychia-
trist on his own. /d., at 83. The trial court retains
the authority to choose the psychiatrist, as long as
that psychiatrist is competent. Nevertheless, the
function of the psychiatrist chosen by the court is
still to assist the defendant in preparing an pre-
senting his defense. Of course, Ake does not

Cr repeal ieee are
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TEXAS
PRESS CLIPPING BUREAU
DALLAS
Established 1g1o

Galveston, TX
News
(Cir. 0. 59,253)

L MAY 24 999
HOS re |
High court blocks execution

of convicted killer Granvle]
HUNTS : :

ILLE — The U.S. Suprem
Court halted th sched xecution
of convicted killer Kenner, ‘Granvin
late Wigacngen Ob about six hours be-

npn for Granviel contended

GRANVIEL v. LYNAUGH 185
Cite as 881 F.2d 185 (Sth Cir, 1989)

Kenneth GRANVIEL,
Petitioner-Appellant,

Vv.

James A. LYNAUGH, Director Texas
Department of Corrections,
Respondent-Appellee.

No. 88-1818,

United States Court of Appeals,
Fifth Circuit.

Aug. 28 1989,

Petitioner sought habeas corpus relief
from death sentence imposed by Texas
court in murder prosecution, The United
States District Court for the Northern Dis-
trict of Texas, Eldon B. Mahon, J., denied
relief. Petitioner appealed. The Court of
Appeals, Clark, Chief Judge, held that: (1)
Prospective jurors’ Strong opposition to
death penalty was Properly found by trial
court to prevent their jury service; (2) ex-
clusion of proffered, punishment phase evi-
dence that death penalty did not deter
crime was not constitutional error; (8) de-
fendant waived any Fifth Amendment priv-
ilege against introduction of psychiatric
testimony by raising insanity defense; and
(4) admission of testimony that bailiffs had
observed defendant striking attorney dur-
ing confidential] conference did not violate
attorney-client privilege or render counsel]
ineffective.

Affirmed,

1. Jury 108

Prospective juror may be excused for
Cause on basis of opposition to capital pun-
ishment only if prospective juror’s views

Criminal Law =] 158(3)

“Trial court’s factual determination that
tential juror is disqualified is presumed

3. Jury €108 |

Prospective jurors’ strong opposition
to death penalty wag properly found by
trial court to prevent jury service in Capital
murder prosecution; Prospective jurors
were unequivocally opposed to the death
penalty and gave inconsistent responses re-
garding their ability to follow trial court’s
instructions.

4. Constitutional Law €>270(2)
Criminal Law €>1213.8(8)

The Eighth and Fourteenth Amend-
ments require that defendant in capita]
case be permitted to present for jury’s con-
sideration during punishment Phase any
mitigating evidence regarding defendant’s
character, prior record, or circumstances of
the defendant’s crime; however, evidence
that does not bear on defendant’s charac-
ter, record, or crime may properly be ex-
cluded by trial court. U.S.C.A. Const,
Amends. 8, 14,

5. Homicide €>358(1)

Exclusion of proffered, punishment
phase evidence that Texas death penalty
does not deter crime was not constitutional]
error, in capital murder prosecution; effica-
cy of Texas capital Statutes was irrelevant
to defendant or his crime. U.S.C.A. Const.
Amends. 8, 14.

6. Criminal Law €>393(1)

Defendant waived any Fifth Amend-
ment privilege against introduction of psy-
chiatric testimony by raising insanity de-
fense in capital murder prosecution. US.
C.A. Const.Amend. 5.

7. Criminal Law €=393(1)

Admission of psychiatrists’ testimony
did not violate defendant’s Fifth Amend-
ment rights, even though defendant was
not given Miranda warnings prior to ex-
amination by psychiatrists; psychiatrists’
testimony was introduced to rebut defen-
dant’s insanity defense, and psychiatrists
did not reveal any admissions of defendant
concerning crime. U.S.C.A. Const.Amend.
5.

8. Criminal Law €641.3(11)
Defendant’s Sixth Amendment right to
the assistance of counsel in connection with

OSI Dyes reggie

a SS 2

188

Presented to him; he would not lie. There-
if he would truthfully

death. Curry could abide by neither result.
[by the Prosecutor]

Q. Now, earlier you said that your opin-
ions about the death

the facts of the case?
A. Irregardless,
Q. All right.

A. Oh, no, I wouldn’t do that. |
wouldn’t lie about it.

Q. Now, the
issue] is—we’re talking about whether

A. Two yes answers would give

Q. — give him the death penalty?
A. — death penalty,

Q. Could you do that?

A. I would answer it truthfully jf I
was on the jury, yes,

Q. You could do that?

A. Yes,

From this record, the district court could
Properly conclude that the facially incon-

views but from the Texas death penalty
procedure. Curry’s position did not change
during the lengthy voir dire. He and the
court were made to recognize the dilemma
he was being placed in and an appropriate
Solution was found.

B. Pamela Norene Copeland |
Like the Reverend

‘after an extensive exa)
‘torneys for the prose
_-fense, and the court di ff
the contradiction in her
“- ample: ;
et Q. [by the court] Mr: f
’@ matter that we need
point - .:
‘You haye told Mr. ~
* to his questions by tt
that your feeling abou

is such that you coul: |
jury in which you ¢]
imposition of the de:
case, regardless of y |

~ right? — °
A. Im sorry. I’
now

Q. Okay. I’m tryin
You have told: M:
* have a very strong {
to the death penalty i
A. Yes.
Q. That you feeling
regard that you could
and vote in such a ma
penalty would be ir
regardless of what t

A. Right.
3 Q. Okay. You have -
Z that you could answe:

questions in the pena
tal murder case yes
that you should ans\
This was if I w:
Okay.

Uh-huh. All rig.
Did I just cross
You sure did.

* 2. We need—you have
*fscannot and told the d
tall: we need to know
A. Okay. If I was o:
could never say that
‘ever, but I could list:
“ought the questions
thought I could list
“end: answer these
#when’ it ‘came to the
“thought he should di

OrPorop

SESE SSRN
. Se ee

186 881 FEDERAL REPORTER, 2d SERIES

psychiatric evaluations was not automati-
cally waived by insanity defense in capital
murder prosecution. US.C.A. Const.
Amend. 6.

9. Criminal Law 641.3(11)

Defendant was not entitled to assist-
ance of counsel during psychiatric examina-
tion, which occurred five years prior to
crime; at time of examination, defendant’s
Sixth Amendment rights had not attached.
US.C.A. Const.Amend. 6.

10. Criminal Law 641.3(11)
Defendant’s Sixth Amendment chal-
lenges to admission of psychiatrist’s testj-
mony in capital murder prosecution were
waived by defense counsel’s voluntary deci-
sion to seek to have psychiatrist appointed
as disinterested qualified expert pursuant

‘ to applicable Texas Procedure. U.S.C.A.

Const.Amend. 6;
C.C.P. art. 46.02.

11. Constitutional Law ©=268.2(3)
Costs 302.4

Indigent defendant had Fourteenth
Amendment right to psychiatric assistance
in capital murder Prosecution, and the state
had to provide such assistance to the defen-
dant if defendant’s Sanity was likely to be
significant factor at trial. ‘ U.S.C.A. Const.
Amend. 14,

12. Costs 302.4

Texas procedure providing indigent de-
fendant with assistance of court-appointed
psychiatrist, whose opinion and testimony
is available to both sides, Satisfied defen-
dant’s right to psychiatric assistance; de-
fendant was not entitled to confidential as-
sistance from expert whose report would
not be available to Prosecution and defense
alike. U.S.C.A. Const.Amend. 14; Ver-
non’s Ann.Texas C.C.P. art. 46.02.

13. Criminal Law S517.2(1)

Defendant’s Statement that he wanted
to ask lawyer legal question regarding title
to car did not invoke right to counsel dur-
ing interrogation and did not preclude ad-
mission of voluntary confession, in murder
Prosecution; Statement unambiguously re-
ferred to matters unrelated to confession
and interrogation, and the State’s failure to

Vernon’s Ann.Texas

provide free attorney to answer such re-
quest did not render confession involun-
tary. ULS.C.A. Const.Amend. 6.

14. Criminal Law 641.13(2)
Witnesses 200

Admission of testimony that bailiffs
had observed defendant striking attorney
during confidential conference did not vio-
late the attorney-client privilege or render
counsel ineffective; defendant’s action in
Striking attorney was not related to the
rendering of legal representation. US.
C.A. Const.Amend. 6.

15. Witnesses €>198(1)

Attorney-client Privilege protects only
those communications made in confidence
for the purpose of obtaining legal advice.

16. Criminal Law €981(2), 1213.8(8)

Eighth Amendment prohibition against
cruel and unusual punishment condemns
execution of insane prisoner; therefore,
prisoner is entitled to adjudication of sanity
prior to execution. U.S.C.A. Const.Amend.
8.

17. Criminal Law €981(2)

Capital murder defendant was Sane
and thus could be executed; applicable Tex-
aS procedures constitutionally adjudicated
defendant’s Sanity, and evidentiary hearing
On issue of defendant’s Sanity was held by
federal court, which denied requested relief
in proceeding on habeas corpus petition.

Danny Burns, Fort Worth, Tex., for peti-
tioner-appellant.

William C. Zapalac, Asst. Atty. Gen. and
Jim Mattox, Atty. Gen., Austin, Tex., for
respondent-appellee,

Appeal from the United States District
Court for the Northern District of Texas.

Before CLARK, Chief Judge, and
WILLIAMS and GARWOOD, Circuit
Judges.

CLARK, Chief J udge:

Kenneth Granviel appeals from the fed-
eral district court's denial of habeas corpus

relief from his deat B *
Texas court. We

On February 8, :
confessed to the inh
der of six women 2
two-year-old son, S.
of 1982, Granviel y, .
these murders, th«
McClendon committ«
gravated rape. His -
1983, and on May 5
Granviel guilty of ¢:
Separate punishment
same jury, the jury a
the special issues Nee
Sentence under Texas
Proc.Ann. art 37.071
Statute was amended
Id. at Supp.1989),
was affirmed on apr

‘and the United State

nied certiorari in Octo

then denied collatera]

On December 7, 198°
petition for writ of h
United States District
ern District of Texas,

After an evidentiary ;
two of Granviel’s clair
denied the requested

the petition in August «
followed.

Granviel raises a nu:
cerning the conduct of
questions his present s
each claim individually.

: II.
~ Granviel argues that ‘

Be eg

Tors, the Reverend Ed,

and'Pamela Norene (,
Properly excused for cay

‘heir opposition to th:
Wainwright », Witt, 4
Sct. 844, 83 L.Ed.2d 841
“£08, 448 U.S. 38, 10
LEd.2d 58} (1980); Wi:
nois, 391 US. 510, 8
L.Ed.2d 776 (1968).

ode BER Rae BOS So ya get BRAERR cs. .

Enois, 391 US. 510,
g1.Ed.2d 776 (1968).

- incorrect -

relief from his death sentence imposed by a
Texas court. We affirm.

On February 8, 1975, Kenneth Granviel
confessed to the inhuman torture and mur-
der of six women and one of the victim’s

7¥- two-year-old son. Seven years later in July
of 1982, Granviel was indicted for one of
these murders, the murder of Natasha
McClendon committed in the course of ag-
gravated rape. His trial began in March of
1983, and on May 5, 1983, the jury found
Granviel guilty of capital murder. After a
Separate punishment proceeding before the
same jury, the jury answered affirmatively
the special issues needed to impose a death
sentence under Texas law. Tex.Code Crim.
Proc.Ann. art 37,071 (Vernon 1981). (This
Statute was amended after Granviel’s trial.
Id. at Supp.1989). Granviel’s conviction
was affirmed on appeal, 723 S.W.2d 141,
and the United States Supreme Court de-
nied certiorari in October of 1987. He was
then denied collateral] relief in state court.
On December 7, 1987, Granviel filed his
petition for writ of habeas corpus in the
United States District Court of the North-
ern District of Texas, Fort Worth Division.
After an evidentiary hearing was held on
two of Granviel’s claims, the district court
denied the requested relief and dismissed

the petition in August of 1988. This appeal
followed.

Granviel raises a number of claims con-
cerning the conduct of his trial. He also

questions his present Sanity. We address
each claim individually,

II.

Granviel argues that two prospective ju-
rors, the Reverend Edgar Lincoln Curry
and Pamela Norene Copeland, were im-
Properly excused for cause on the basis of
their opposition to the death penalty.
Wainwright v, Witt, 469 U.S. 412, 105
Ct. 844, 83 L.Ed.2d 841 (1985); Adams v,
Texas, 448 U.S. 38, 100 S.Ct. 2521, 65
.Ed.2d 581 (1980); Witherspoon v. IIli-
88 S.Ct. 1770, 20

nf
a

L/aS aX 2 Gea o/d

GRANVIEL v. LYNAUGH
Cite as 881 F.2d 185 (Sth Cir. 1989)

IG,
187

{1-3] A prospective juror may be ex-
cused for cause on the basis of the venire-
person’s opposition to capital punishment
only if “those views would prevent or sub-
stantially impair the performance of his
duties as a juror in accordance with his
instructions and his oath.” Adams, 448
US. at 45, 100 S.Ct. at 2526. Because of
the difficulty of divining a prospective ju-
ror’s state of mind, particularly on a cold
record, we pay deference to the trial
court’s factual determination that a poten-
tial juror is disqualified, The fact determi-
nation is presumed correct. Witt, 469 U.S.
at 424-26, 105 S.Ct. at 852-53. Applying
this presumption to the facts of this case,
we see no grounds for disturbing the deci-
sion of the lower court. Both venireper-
sons in question were unequivocally op-
posed to the death penalty and gave incon-
sistent responses regarding their ability to
follow the trial court’s instructions. See

Ellis v. Lynaugh, 873 F.2d 830, 832-37 (5th
Cir.1989),

Agf boy

A. The Reverend Edgar Lincoln Curry

At the conclusion of a long voir dire
examination, the Reverend Curry stated
that he did not wish to take the oath of a
juror because of his Opposition to the death
penalty. Granviel contends that Curry was
persuaded to take this position by the pros-
ecuting attorney’s suggestion that he could
thereby avoid the unpleasant task of sitting
in a capital case. In Granviel’s view, Curry
was improperly encouraged to abandon his
clear statement that he would follow his
oath and answer truthfully to ali issues
presented to him. Reviewing the tran-
script of the voir dire, however, we con-
clude that the prosecutor was properly ful-

filling his duty to flush out Curry’s true
position.

The Reverend Curry’s responses to ques-
tions make it clear that service on a death
penalty case placed him in a moral dilem-
ma. This was particularly true under the
Texas procedure, which mandates a death
sentence if the jury affirmatively answers
three special issues or questions. The Re-
verend Curry strongly opposed the death
penalty due to long held moral and reli-

676 655 FEDERAL REPORTER, 2d SERIES

sidering this evidence in mitigation. In-

~ deed, taking a quite different tack from

that used here, defense counsel stressed the
following point during closing argument at
the penalty phase of the trial:

Mr. Strickland has told you the Defend-
ant’s sanity is no longer an issue and I
agree. You have made up your mind on
that point, but it is not true that the state
of his mind, his mental condition is still
an issue, not so far as a defense of insani-
ty, but there is not any witness who
testified in this case who led you to be-
lieve that there was nothing wrong with
this man. If he is a sociopath, you heard
Dr. Methner—they burn out. Sociopaths
burn out. It’s a deep disease of youth.
It is a personality disorder of youth.

Dr. Methner also said this man could
benefit from psychiatric help.

R. 3275-76. Moreover, Granviel proffered a
similar argument on his direct appeal to the
Texas Court of Criminal Appeals. There,
he maintained that because of his “antiso-
cial personality disorder,” the evidence
should be considered insufficient to support
the jury's affirmative answer to the second
statutory question,

We also disagree with Granviel’s sugges-
tion that art. 37.071(b)(2) is the only statu-
tory question relevant to our investigation.’
Art. 37.071(bX1) requires the jury to decide
whether the defendant acted deliberately
and with the reasonable expectation that
death would result. This inquiry seems to
be the better vehicle for the concept of
mitigation which is of primary importance
to Granviel, i.e., that mental disorder less-
ens moral culpability.

3. The Supreme Court based its decision in Ju-
rek v. Texas on art. 37.071(b)(2), but stated
with respect to the other statutory provisions:

The Texas Court of Criminal Appeals has
not yet construed the first and third ques-
tions ...; thus it is as yet undetermined
whether or not the jury’s consideration of
those questions would properly include con-
sideration of mitigating circumstances. In at
least some situations the questions could,
however, comprehend such an inquiry. For
example, the third question asks whether the
conduct of the defendant was unreasonable

It is true, as the NAACP maintains in its
amicus curiae brief, that a “yes” answer to
the first statutory question logically follows
from a conviction of capital murder. See
Tex.Penal Code Ann. § 19.08. However,
such is not necessarily the. case. The Texas
Court of Criminal Appeals explains the in-
consistency as follows:

[A] jury having found that a defendant

intentionally committed a capital murder

to be consistent would have to find that
the act was deliberately done. However,
the inconsistent answer to the question

Art. 37.071(b)(1) reflects only that the

jury did not want the death penalty as-

sessed,
Blansett v. State, 556 S.W.2d 322, 327 n.6
(Tex.Cr.App.1977). Similarly, in Brown v.
State, 554 S.W.2d 677 (Tex.Cr.App.1977),
the Texas court rejected the contention that
art. 37.071(b)(1) requires the same finding
as a determination of guilt under § 19.03.

It is not inconceivable that a jury, having
found the requisite intent for a conviction
of capital murder and having rejected the
insanity defense, may yet conclude that,
because of evidence of mental disturbance,
a defendant’s acts should not be deemed
sufficiently deliberate to warrant the death
penalty. Here again, we note that Granviel
propounded a similar argument on his first
appeal, where he maintained that the mur-
der of Natasha McClendon “occurred in a
frenzy” and that there was insufficient evi-
dence that it was done deliberately. 522
S.W.2d at 128. True, the Texas Court of
Criminal Appeals did not agree with Gran-
viel’s reasoning. But the jury’s affirmative
answer to the question, and the appellate
court’s determination that the evidence was
sufficient to support that response, do not

in response to any provocation by the de-

ceased. This might be construed to allow the
jury to consider circumstances which, though
not sufficient as a defense to the crime itself,
might nevertheless have enough mitigating
force to avoid the death penalty—a claim, for
example, that a woman who hired an assas-
sin to kill her husband was driven to it by his
continued cruelty to her. We cannot, how-
ever, construe the statute; that power is re-
served to the Texas courts.

428 U.S. at 272 n. 7, 96 S.Ct. at 2956 n. 7, 49

L.Ed.2d at 938 n. 7.

GRANVIEL v. ESTELLE
Cite as 655 F.2d 673 (1981)

persuade us that the jury was precluded
from considering the evidence of Granviel’s
mental instability as a mitigating factor.
He is entitled only to this consideration.
Given the Supreme Court’s holding in Jurek
v. Texas with respect to art. 37.017(b)(2),
and our own understanding of the Texas
court’s construction of art. 37.071(b) as a
whole, we conclude that the capital-sentenc-
ing statute is not unconstitutional as ap-
plied to Granviel.

[2] As a second attack on the validity of
his death sentence, Granviel asserts that
five veniremen were improperly excluded
for cause in violation of Witherspoon v.
Illinois, 891 U.S. 510, 88 S.Ct. 1770, 20
L.Ed.2d 776 (1968).4 The Witherspoon rule
has been the subject of much discussion
since its pronouncement, see, e. g., Boulden
v. Holman, 394 U.S. 478, 89 S.Ct. 1188, 22
L.Ed.2d 488 (1969); Maxwell v. Bishop, 398
U.S. 262, 90 S.Ct. 1578, 26 L.Ed.2d 221
(1970); Davis v. Georgia, 429 U.S. 122, 97
S.Ct. 899, 50 L.Ed.2d 339 (1976); Marion v.
Beto, 484 F.2d 29 (5th Cir. 1970), cert. de-
nied, 402 U.S. 906, 91 S.Ct. 1872, 28 L.Ed.2d
646 (1971); Burns v. Estelle, 626 F.2d 396
(5th Cir. 1980) (en banc), and we do not
delve into its intricacies here. Briefly stat-
ed, Witherspoon provides that a venireman
may be excused for cause only if he is
‘irrevocably committed, before the trial has
begun, to vote against the penalty of death
regardless of the facts and circumstances
that might emerge in the course of the
proceedings.” 891 U.S. at 522 n.21, 88 S.Ct.
at 1777 n.21, 20 L.Ed.2d at 785 n.21. The
state retains the right to exclude only those
veniremen who

ma[k]e unmistakably clear (1) that they

would automatically vote against the im-

position of capital punishment without

regard to any evidence that might be

4. The Supreme Court recently upheld the appli-
cability of Witherspoon to Texas’ bifurcated
procedure. Adams v. Texas, 448 U.S. 38, 100
S.Ct. 2521, 65 L.Ed.2d 581 (1980). We note
that Tex.Penal Code Ann. § 12.31(b), the stat-
ute which was held in Adams to have been
improperly used as an independent basis for
the exclusion of prospective jurors, is not in
issue here.

developed at the trial of the case

them, .or (2) that their attitude t

the death penalty would prevent

from making an impartial decision
the defendant’s guilt.
Id. (emphasis in original).

Of the five veniremen whose exc
Granviel challenges,* the district court
in accordance with the magistrate’s r:
mendation, that one venireman, Don:
Harrison, was improperly excused for
for merely voicing conscientious sci
against the death penalty. We, too, b
that Harrison’s exclusion for cause ¢:
tuted a Witherspoon violation. He
first asked whether he had conscier
scruples against the infliction of the
penalty, whereupon he stated, “I
know what that means.” When asked
could ever vote to inflict the death pei
he replied, “No, I don’t think I ec
Then, in response to the question, “You
don’t feel like you would be entitled to
another person’s life in that fashion?”
nodded and then said, “No, I could
These questions and answers fall far :
of an affirmation by Harrison tha
would automatically vote against the c
penalty regardless of the evidence, or
his objections to capital punishment «
prevent him from making an impartial
sion as to guilt.

This court recently reaffirmed its
mitment to ensuring strict adherence t
mandates of Witherspoon in Burns v.
telle, 626 F.2d 896 (5th Cir. 1980) (en b:
There, we explained the improper excl
of a prospective juror as follows:

[T]hree times in succession Mrs. -
stated that she did not believe in
death penalty, following with an affir
tion that it would affect her deliberat

5. The relevant voir dire examination of ea:
these veniremen—Donald L. Harrison, H:
N. Lipscomb, Inez Wallace, Mrs. Roy I.
and Mattie D. Vernon—is reproduced in
Appendix.

6. We express no opinion as to the proprie:
striking prospective jurors Lipscomb, Wal
Cox, and Vernon.

674 655 FEDERAL REPORTER, 2d SERIES

diagnostic opinions, defendant could not be
entitled to federal habeas corpus relief on
basis that he was deprived of his Sixth
Amendment right of confrontation as a re-
sult of introduction of the records. U.S.C.
A.Const. Amend. 6; Vernon’s Ann.Tex.
Civ.St. art. 3737e.

Frank W. Sullivan, III, Fort Worth, Tex.,
(Court-appointed) for petitioner-appellant.

Jack Greenberg, James M. Nabrit, III,
Joel Berger, John Charles Boger, Deborah
Fins, New York City, Anthony G. Amster-
dam, Stanford Univ. Law School, Stanford,
Cal., for amicus curiae NAACP.

Leslie Benitez, Asst. Atty. Gen., Austin,
Tex., for respondents-appellees.

Appeal from the United States District
Court for the Northern District of Texas.

Before AINSWORTH and HENDER-
SON, Circuit Judges, and HUNTER *, Dis-
trict Judge.

HENDERSON, Circuit Judge:

The appellant, Kenneth Granviel, was
convicted in the 218th Judicial District
Court of Tarrant County, Texas, of the
capital murder of two-year old Natasha
McClendon and received the death sentence.
The Texas Court of Criminal Appeals af-
firmed the conviction, Granviel v. State, 552
S.W.2d 107 (Tex.Cr.App.1976), cert. denied,
431 U.S. 938, 97 S.Ct. 2642, 53 L.Ed.2d 250
(1977), as well as the subsequent denial of
state habeas corpus relief, Ex Parte Gran-
viel, 561 S.W.2d 503 (Tex.Cr.App.1978).
Granviel then filed a petition for a writ of
habeas corpus in the United States District
Court for the Southern District of Texas.
The case was transferred to the Northern
District of Texas, Fort Worth Division,
where the petition was denied. This appeal
followed.

The gruesome details of the multiple
rapes and murders which resulted in Gran-
viel’s conviction are fully explicated in the
first opinion of the Texas Court of Criminal

* District Judge of the Western District of Louisi-
ana, sitting by designation.

Appeals, 552 S.W.2d at 110-12. Hence, we
gladly refrain from repeating them here.
Suffice it to say that altogether, and in the
course of two separate killing sprees, Gran-
viel raped four women and stabbed to death
five women and two children, He fully
confessed to these crimes and relied solely
on the defense of insanity at trial.

On this appeal, Granviel seeks habeas re-
lief on four distinct grounds, We consider
the problems he raises seriatim.

Granviel first maintains that the Texas
capital sentencing statute, as applied in this
case, violated his rights under the Eighth
and Fourteenth Amendments. The bifur-
cated procedure employed by Texas courts
in the trial of capital offenses is set out in
Tex.Code Crim.Pro.Ann. art. 37.071. Under
this system, the jury first decides the ques-
tion of guilt or innocence. In the event of a
guilty verdict, a separate sentencing pro-
ceeding is held in which additional aggra-
vating and mitigating evidence may be in-
troduced. The jury then answers the fol-
lowing questions on the basis of the evi-
dence adduced at both phases of the trial:

(1) whether the conduct of the defend-
ant that caused the death of the deceased
was committed deliberately and with the
reasonable expectation that the death of
the deceased or another would result;

(2) whether there is a probability that
the defendant would commit criminal
acts of violence that would constitute a
continuing threat to society; and

(8) if raised by the evidence, whether
the conduct of the defendant in killing
the deceased was unreasonable in re
sponse to the provocation, if any, by the
deceased. (Not applicable in this case.)

Art. 37.071(b). The state must prove each
issue submitted beyond a reasonable doubt.
Art. 37.071(c). If the jury answers each of
these questions affirmatively, the death
penalty is mandatory under the terms of
the statute. A life sentence is required if
the jury responds “no” to any one question.

z
ES

GRANVIEL v. ESTELLE j
Cite as 655 F.2d 673 (1981)

Art. 37.071(e).!. In Granviel’s case, the jury
answered “yes” to the first and second
questions and, accordingly, the trial court
imposed the death sentence.

(1) Granviel specifically contends that
this sentencing procedure, as applied in his
particular case, did not allow the jury to
consider as a mitigating factor the evidence
of his mental instability. Rather, his men-
tal abnormality renders him a dangerous
person who would admittedly “constitute a
continuing threat to society” for purposes
of answering the question contained in art.
$7.071(b)(2). Therefore, according to Gran-
viel, having failed to persuade the jury on
the insanity defense, the evidence of his
mental condition could only possibly have
served as an aggravating factor at the pen-
alty phase of the trial.?

The Supreme Court has made quite clear
that the sentencing authority in a capital
case may “not be precluded from consider-
ing as a mitigating factor, any aspect of a
defendant’s character or record and any of
the circumstances of the offense that the
defendant proffers as a basis for a sentence
less than death.” Lockett v. Ohio, 438 U.S.
586, 604, 98 S.Ct. 2954, 2964-65, 57 L.Ed.2d
978, 990 (1978) (emphasis in the original);
Bell v. Ohio, 488 U.S. 637, 98 S.Ct. 2977, 57
L.Ed.2d 1010 (1978); Woodson v. North
Carolina, 428 U.S. 280, 96 S.Ct. 2978, 49
L.Ed.2d 944 (1976), With this standard in
mind, the Court held, in response to a simi-
lar challenge to art. 37.071(b), that the
second statutory question, as construed by
the Texas Court of Criminal Appeals, “‘al-

1. An affirmative answer requires unanimity,
whereas ten of the twelve jurors may return a
negative answer. Art. 37.071(d).

2. Neither the prosecution nor the defense

presented additional evidence at the sentencing
stage. Instead, both sides chose to rely on the
record made during the trial on guilt or inno-
cence.

The evidence of Granviel’s mental distur-
bance was by no means insubstantial. As a
child, he attempted several times to burn down
his mother’s house. His younger brother often
observed him tying pillows with strips of rags
to simulate the body of a woman and then
“having sex with them.” At times, he tried to
force his brother into performing homosexual
acts with him. When he was sixteen, Granviel

low[ed] the defendant to bring to the ju
attention whatever mitigating circumst.
es he may be a able to show.” Jure.
Texas, 428 U.S. 262, 272, 96 S.Ct. 2950, 2
49 L.Ed.2d 929, 989 (1976). One such r
gating factor enumerated by the Tx
court in its opinion in the Jurek case

“whether the defendant was under an
treme form of mental or emotional |
sure, something less, perhaps, than insa:
but more than the emotions of the ave
man, however inflamed, could withsta
Jurek v. State, 522 S.W.2d 934, 939-40 (
Cr.App.1975).

In the instant case, the Texas Cour
Criminal Appeals met squarely Gran:
particular challenge to the statute, con:
ing:

Moreover, the jury in answering the

cial issues may properly consider al!

evidence adduced during both the .

and punishment phases of the trial.

could include evidence of a defend:
mental condition—whether such evid
be characterized as an ‘aggravatin;

‘mitigating’ factor. Thus, Article

071(b), supra, does not prevent the

from considering a defendant’s m

condition as a mitigating factor.

561 S.W.2d at 516.

While we agree that the evidenc
Granviel’s mental condition, when «
neled through the second statutory inc
most likely had an aggravating result
individual case, we do not believe tha
jury was absolutely precluded from

beat and attempted to rape his mother, t
ening to kill her, his younger brother anc
self. Thereafter, he was sent to Gat:
State School for Boys, where he describe
psychiatrist his pleasure at sticking knive
meat and “watching the blood squirt”
working in the school kitchen. A few
after his release from Gatesville, Gr
jumped out of a tree onto his girlfrien
later hung her by her heels over a bi:
while threatening to drop her. Approxi:
two weeks before the first set of murd«
stood on the same girl’s stomach, be:
raped her at gunpoint. One psychologi:
testified for the defense diagnosed Gran
a paranoid schizophrenic.

676 655 FEDERAL REPORTER, 2d SERIES

sidering this evidence in mitigation. In-
deed, taking a quite different tack from
that used here, defense counsel stressed the
following point during closing argument at
the penalty phase of the trial:

Mr, Strickland has told you the Defend-
ant’s sanity is no longer an issue and I
agree. You have made up your mind on
that point, but it is not true that the state
of his mind, his mental condition is still
an issue, not so far as a defense of insani-
ty, but there is not any witness who
testified in this case who led you to be-
lieve that there was nothing wrong with
this man. If he is a sociopath, you heard
Dr. Methner—they burn out. Sociopaths
burn out. It’s a deep disease of youth.
It is a personality disorder of youth.

Dr. Methner also said this man could
benefit from psychiatric help.

R. 8275-76. Moreover, Granviel proffered a
similar argument on his direct appeal to the
Texas Court of Criminal Appeals. There,
he maintained that because of his “antiso-
cial personality disorder,” the evidence
should be considered insufficient to support
the jury’s affirmative answer to the second
statutory question.

We also disagree with Granviel’s sugges-
tion that art. 37.071(b)(2) is the only statu-
tory question relevant to our investigation.’
Art. 37.071(b\1) requires the jury to decide
whether the defendant acted deliberately
and with the reasonable expectation that
death would result. This inquiry seems to
be the better vehicle for the concept of
mitigation which is of primary importance
to Granviel, i.e., that mental disorder less-
ens moral culpability.

3. The Supreme Court based its decision in Ju-
rek v, Texas on art. 37.071(b)(2), but stated
with respect to the other statutory provisions:

It is true, as the NAACP maintains in its
amicus curiae brief, that a “yes” answer te
the first statutory question logically follows
from a conviction of capital murder. See
Tex.Penal Code Ann. § 19.03. However,
such is not necessarily the case. The Texas
Court of Criminal Appeals explains the in
consistency as follows:

[A] jury having found that a defendant

intentionally committed a capital murder

to be consistent would have to find that
the act was deliberately done. However,
the inconsistent answer to the question

Art. 37.071(b)(1) reflects only that the

jury did not want the death penalty as-

sessed,
Blansett v. State, 556 S.W.2d 322, 327 n.6
(Tex.Cr.App.1977). Similarly, in Brown vy,
State, 554 S.W.2d 677 (Tex.Cr.App.1977),
the Texas court rejected the contention that
art. 37.071(b)(1) requires the same finding
as a determination of guilt under § 19.08.

It is not inconceivable that a jury, having
found the requisite intent for a conviction
of capital murder and having rejected the
insanity defense, may yet conclude that,
because of evidence of mental disturbance,
a defendant’s acts should not be deemed
sufficiently deliberate to warrant the death
penalty. Here again, we note that Granviel
propounded a similar argument on his first
appeal, where he maintained that the mur-
der of Natasha McClendon “occurred in a
frenzy” and that there was insufficient evi-
dence that it was done deliberately, 522
S.W.2d at 123. True, the Texas Court of
Criminal Appeals did not agree with Gran-
viel’s reasoning. But the jury’s affirmative
answer to the question, and the appellate
court’s determination that the evidence was
sufficient to support that response, do not

in response to any provocation by the de- ;

428 U.S. at 272 n. 7, 96 S.Ct. at 2956 n. 7, 49

L.Ed.2d at 938 n. 7.

persuade us that the jury was precluded
from considering the evidence of Granviel’s
mental instability as a mitigating factor.
He is entitled only to this consideration.
Given the Supreme Court’s holding in Jurek
v, Texas with respect to art. 37.017(b)2),
and our own understanding of the Texas
court’s construction of art. 37.071(b) as a
whole, we conclude that the capital-sentenc-
ing statute is not unconstitutional as ap-
plied to Granviel.

[2] As a second attack on the validity of
his death sentence, Granviel asserts that
five veniremen were improperly excluded
for cause in violation of Witherspoon v.
Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20
L.Ed.2d 776 (1968). The Witherspoon rule
has been the subject of much discussion
since its pronouncement, see, e. g., Boulden
v. Holman, 394 U.S. 478, 89 S.Ct. 1188, 22
L.Ed.2d 483 (1969); Maxwell v. Bishop, 398
U.S. 262, 90 S.Ct. 1578, 26 L.Ed.2d 221
(1970); Davis v. Georgia, 429 U.S. 122, 97
S.Ct. 399, 50 L.Ed.2d 839 (1976); Marion v.
Beto, 434 F.2d 29 (5th Cir. 1970), cert. de-
nied, 402 U.S. 906, 91 S.Ct. 1872, 28 L.Ed.2d
646 (1971); Burns v. Estelle, 626 F.2d 396
(5th Cir. 1980) (en banc), and we do not
delve into its intricacies here. Briefly stat-
ed, Witherspoon provides that a venireman
may be excused for cause only if he is
“irrevocably committed, before the trial has
begun, to vote against the penalty of death
regardless of the facts and circumstances
that might emerge in the course of the
proceedings.” 391 U.S. at 522 n.21, 88 S.Ct.
at 1777 n.21, 20 L.Ed.2d at 785 n.21. The
state retains the right to exclude only those
veniremen who

ma{kJe unmistakably clear (1) that they

would automatically vote against the im-

position of capital punishment without

regard to any evidence that might be

GRANVIEL v. ESTELLE 67'
Cite as 655 F.2d 673 (1981)

developed at the trial of the case befor:

them, or (2) that their attitude towarc

the death penalty would prevent ther
from making an impartial decision as tc
the defendant’s guilt.

Id, (emphasis in original).

Of the five veniremen whose exclusior
Granviel challenges,’ the district court held.
in accordance with the magistrate’s recom-
mendation, that one venireman, Donald L
Harrison, was improperly excused for caus«
for merely voicing conscientious scruples
against the death penalty. We, too, believe
that Harrison’s exclusion for cause consti-
tuted a Witherspoon violation® He was
first asked whether he had conscientious
scruples against the infliction of the death
penalty, whereupon he stated, “I don’t
know what that means.” When asked if he
could ever vote to inflict the death penalty.
he replied, “No, I don’t think I could.”
Then, in response to the question, “You just
don’t feel like you would be entitled to take
another person’s life in that fashion?” He
nodded and then said, “No, I could not.”
These questions and answers fall far short
of an affirmation by Harrison that he
would automatically vote against the death
penalty regardless of the evidence, or that
his objections to capital punishment would
prevent him from making an impartial deci-
sion as to guilt.

- This court recently reaffirmed its com-
mitment to ensuring strict adherence to the
mandates of Witherspoon in Burns v. Es-
telle, 626 F.2d 396 (5th Cir. 1980) (en banc).
There, we explained the improper exclusion
of a prospective juror as follows:

[T]hree times in succession Mrs. Doss
stated that she did not believe in the
death penalty, following with an affirma-
tion that it would affect her deliberations

5. The relevant voir dire examination of each of
these veniremen—Donald L. Harrison, Homer
N. Lipscomb, Inez Wallace, Mrs. Roy I. Cox
and Mattie D. Vernon—is reproduced in the
Appendix.

6. We express no opinion as to the propriety of
striking prospective jurors Lipscomb, Wallace,
Cox, and Vernon.

672
655 FEDERAL REPORTER, 2d SERIES

APPENDIX—Continued

has the ability to rela
te to supervisors Loui

and.c . } , uis R. KOERNER
Sy ee as sn Geka ofall othies vinache
ree, , ity to read and understand situated, Plaintif Karey
ni perform simple arithmetic compu- _ nee
oa He is able to respond to ordinary Vv

ork pressures and behave inde
; pendent] The AMERI
in a standardized work situation on a Foe —e

-Appellee.

emotional basis.
In addition to the above comments, Dr No. 78-1290.

Rhodes circled “None” as a response to each
question on the Supplemental Questionnaire
As To Residual Functional Capacity. The
questions all relate to the effect vita th
diagnosed psychiatric impairment woukl
have on the residual functional capacity. It
is the court's opinion that the payeliatrist’s
report directly controverts the opinion ex
oe the vocational expert as to the
a . .

si ae ees anxiety ould _La., for plaintiff-appellant

light work. The 6a ge Dom cow aan |

ight work. The co erefore concludes pe” e, McCall, Phillips, Toler & Sarpy,
that the de rte by the adimbligites eter Frank Liberto, Lemle, Kelleher, Kohl.
tive a jude tnd eatin by the dances mene Matthews, David L. Campbell,
functional capacity for secrete panes ee
ported by substantial evidence. ol

United States Court of Appeals
Fifth Circuit.

Sept. 11, 1981.

Appeal from the United
States District
Court for the Eastern District of Louisiana.

Koerner, Babst & La
; mbert, Louis
Koerner, Jr., Terry A. Bell, New ice

ON REMAND F
The scope of judici ei “Se: yee ae ROM THE SUPREME
cases is narrow pera tag himnesies COURT OF THE UNITED STATES
etermini
whether the decision of the eoosiarh 4 Paes Degetia: GOLDBERG and
supported by substantial evidence. Rich- oe
ardson v, Perales, 402 U.S. 389, 91 S.Ct
-. 28 L.Ed.2d 842 (1971); Chaney v. Cali rae ee
‘ano, 588 F.2d Ci at ° :
ani has weekes (5th Cir. 1979). The In accordance with the order and judg-
of the opini ed the entire record and is bine of the United States Supreme Co
ae opinion that the decision of the Sece |” this cause, dated June 8 1981 ° os
1s : ’ p Ss. ee
eeu by substantial evidence. . ,) 101 S.Ct, 2281, 68 L.Ed.2d 803, revers-
oo. me ei ss ORDERED Fe om pee of the Court of Appeals
e Secretary be r the Fifth Circui i
- a hereby is, AFFIRMED. “le pe manding the Paseo tgr A crea
co i i os it i
antes ormity with this opinion will be en- it is ordered and adjudged that the a
. of this Court in this cause dated A ry
1981, is vacated. 615 F.2d 191. The jud ;
ment of the district court, 444 F.Su ion)
is affirmed. Th A oe
9 , e cause is remanded to the
© § KEYRIMBERSYSTEN United States District Court for the East
ern District of Louisiana for any further
proceedings in conformity with the opinion

and judgment of the Uni
ted
preme Court. ss States Su-

AFFIRMED AND REMANDED.

GRANVIEL v.

ESTELLE 673

Cite as 655 F.2d 673 (1981)

Kenneth GRANVIEL,
Petitioner-Appellant,

Vv.

w. J, ESTELLE, Jr., Director, Texas
Department of Corrections, et al.,
Respondents-Appellees.

No. 79-1332.

United States Court of Appeals,
Fifth Circuit.

Sept. 11, 1981.
Rehearing Denied Oct. 18, 1981.

Habeas corpus petition was filed. The
United States District Court for the North-
ern District of Texas, Eldon B. Mahon, a
entered judgment denying the petition, and
appeal was taken. The Court of Appeals,
Henderson, Circuit Judge, held that: (1)
Texas capital sentencing statute did not
violate defendant’s rights under Bighth and
Fourteenth Amendments on basis that it
did not allow jury to consider, as mitigating
factor, evidence of defendant’s mental in-
stability; (2) excusing venireman for cause
for merely expressing conscientious scruples
against death penalty was error requiring
that death penalty be set aside; (3) absent
showing that there was then existing con-
temporaneous objection rule, failure by de-
fendant’s trial counsel to object to exclusion
of prospective venireman did not constitute,

for purposes of subsequent federal habeas
corpus review, waiver .of claimed constitu-
tional error in excluding the venireman; (4)

Edwin F. Hunter, Jr., District Judge,
sitting by designation, dissented and filed

opinion.

1. Constitutional Law @270(2)
Criminal Law @= 1213

Texas capital sentencing statute did
not violate defendant’s rights under Eighth
and Fourteenth Amendments on basis that
it did not allow jury to consider, as mitigat-
ing factor, evidence of defendant's mental
instability. Vernon’s Ann.Tex.C.C.P. art

37,071(b), (b)(2), (¢; d).

2. Jury e= 108

In Texas capital murder prosecution
excusing venireman for cause for merel:
expressing conscientious scruples agains
death penalty was error requiring the
death penalty be set aside. Wernon’s An)
Tex.C.C.P. art. 37.071(b).

3. Habeas Corpus @=25.1(4)

Absent showing that there was th:
existing contemporaneous objection ru’
failure by defendant’s trial counsel to ©
ject to exclusion of prospective venirem
did not constitute, for purposes of sub:
quent federal habeas corpus review, wai’

of claimed constitutional error in excludi
the venireman.

4, Witnesses o> 206
Under Texas law, defendant's con
sations with psychiatrist were not wit

defendant’s Sixth Amendment right to ef- attorney-client privilege.

fective assistance of counsel did not require
that testimony of psychiatrist be excluded
on basis of defendant's attorney-client priv-

5, Criminal Law @=641.12(3)
Defendant’s Sixth Amendment rigt

ilege; and (5) absent showing by defendant effective assistance of counsel did not

of “cause” and of “prejudice” in connection quire that testimony 0

f psychiatrist be

with trial counsel’s inadequate objection to cluded on basis of defendant’s attor
introduction of hospital records containing client privilege. U.S.C.A.Const. Amen
diagnostic opinions, defendant could not be

entitled to f ederal

habeas corpus relief on 6. Habeas Corpus = 25.1(4)

basis that he was deprived of his Sixth Absent showing by defendan'

Amendment right of confrontation.

Affirmed in part, reversed in part, and

remanded.

“cause” and of “prejudice” in conne
with trial counsel’s inadequate objecti
introduction of hospital records conte

2 Bi ee

‘|- tions ‘carried

.f :

‘

Page 10-A a EXPRESS-NEWS, San Antonio, Texas, Thu

_- HUNTSVILLE (AP) — A Texas
Death Row inmate set himself on

Wednesday.. |

for the robbery-slaying of'a Houston

Texas Department of Corrections

and Bibles and set himself ablaze. _.

“He was. fed up,”- said James
Smith, whose cell is next to Riles’.
“No one is taking us very seriously.
If we were all so fed up to ask that
our appeals be dropped, that shows
we are serious.”

peals be dropped and their execu-
out. Riles and Smith
were among them.

icide “at any moment.”
“The system has promised you

through,” he said. “Death is far bet-
ter than this situation. A person
coolly thinks it out and decides it’s
the night thing to do.”

Ate yard grass

Other inmates said Riles had been
acting peculiar in recent days. On
Monday, he was cating grass in the
recreation yard and “rolling in the
dirt to communicate with Mother
Earth,” said inmate Jim Vanderbilt.

arms raised and “calling Allah.”

He also speculated that the fire
could have been caused by “mysti-
cal” means and said other inmates
may decide to do the same.

“I think you'll see more of this oc-
curring,” Smith sald.

Meanwhile, two inmates who face
execution by injection next week
said they were prepared to die.

G.W. Green, 43, convicted of the
1976 slaying of a Montgomer County
deputy sheriff during a ro bery of
the deputy's home, is slated for death
May 29.

sday, May 23, 198

fire — he was severely burned — —
because he was tired of waiting to be
executed; another. Death Row in-.
mate who also wants want to die said,

Raymond ‘Riles, awaiting’.déath |

“used car-dealer,: remained hospital-
| ized in fair condition:.Wednesday af-

ter a fire in his cell Tuesday. burned
him oyer 30 percent of his body. ". -..

‘officials said Riles apparently sur- .
rounded himself with papers, books

About 10 inmates signed a petition —
earlier this year asking that their ap- _

Smith said he. too contemplates Su:

something and they don't follow

Smith said he saw Riles with his_

ey LTP:

““G.W. GREEN TO DIE MAY 29°
22 /On Death Row 8 years

Johnny Frank Garrett, 21, con-
victed of the 1981 rape-slaying of a
76-year-old nun in Amarillo, is sched-

_ uled to die May 30.

“If they told me to drop all my ap-
peals and I'll get a life sentence, I'll
tell them to take me, kill me, be-
cause I'm already dead,” Green said.
“rye been on Death Row for cight
years.”

Green said he was not afraid to
die, yet hoped to get a slay.

“But they way I feel about it, it’s
just another execution, and hopefully
one closer to the last. Ten minutes
after I’m dead, it’s not going to mean
a thing.” .

He said executions are so com-
mon now that “my execution will
probably rate half a page in the used-
car section” of the newspaper.

Green was convicted as a non-
triggerman in the slaying of John
Denson.

“If | would have blown that sucker
away, 1 would have told them. l
never blew the dude away,” he said.

If he had a choice, Green said, he
would choose a firing squad over le-
thal injection.

JOHNNY FRANK GARRETT, 21
...nun slayer to die May 30-

“I'd like to be tied to a post and
look those suckers in the eye,” he
said. ;

Garrett said he was not as afraid .
for himself as for his family and.

friends.

“I'm ready. I'm ready to. go to the

happy hunting grounds,” said Gar-
rett, who is half Cherokee Indian.

He said he did not expect to get a.
stay even though, like Green, he was
facing his first execution date. .

Garrett denied he was responsible
for the death of Sister Tadea Benz, a

nun at St. Francis Convent in Ama- .

rillo.

“I was there,” he said. “I wanted
drugs.” But he said a companion
beat, raped and strangled the nun
and “threatened people that I love” if
he implicated him. sot

“I'm expecting the worst but hope
for the best,” he said.

Texas prison officials already
have put three inmates to death. this
year, including Jesse de la Rosa of
San Antonio, who was executed last

week. Green and Garrett are among -

five inmates with death dates,

CAMPBELL (AP) — A man Sus:
pected of shooting a motorist on In-

was taken to woods near the.-Hunt-

a eee eee

‘Hopkins county line, between Camp.
ee ree Oe OE

“Lock and load. Let’s do it,
man,” G.W. Green told Warden >»
Jack Pursley just before he was put
to death for participating in a 1976

was killed. Green, 54, was executed

untsville, ‘Tex., just after: mid-
ght, seven hours after the USS.
upreme Court. refused, 7 to 2, to
grant a stay. Green was one of
-three men who invaded John Den-
son’s house northwest of Houston .
‘to ‘rob. him’ of a, gun collection.
* Valued ‘at $6,000.‘The trigger man,
eph Starvaggi; was executed in.

Martin, is serving life in prison.

ary in which the homeowner

hal injection at the prison at |

- The ‘third;‘man, Glen Earl

Texas Man
Executed

Huntsville, Texas — G. W. Green
was executed by lethal injection
early today for the 1976 slaying of
a probation officer. Green, 54, a
former construction worker, had
been convicted in the shooting
death of John Denson, 43, of Mag-

man for role in

A 14-year wait on death row ended
early today when a Texas ‘man was —
executed for his part in a 1976 mur-"

~~ “Lock and load, let’s' get it on,

- combination of chemicals into. his:

I66T ‘ZI tequreson ‘Aepseny,

los Angeles Times

Lat

he died at 12:17 a.m., Brown said.
* October 1977, when he was convicted

~ grant further stays.

ANNAIL ODAC NYS

LI-V

~- nolia during a robbery.

San Francisco Chronicle |

THE VOICE OF THE .WEST

TUESDAY, NOVEMBER 12, 1991 |

Texas executes

1976 murder —

_ HUNTSVILLE, Texas (Reuters) —

der.

man,” G.W. Green, 54, instructed his _
executioners as they injected a lethal:

arms, said Texas Department of Cor-

rections spokesman Charlie Brown. —
Green also spoke with family —

members who were present before

Green had been on death'row since on

of capital murder in the 1976'slaying
of John Denson, 43, a juvenile proba-
tion officer. : ae
State and federal appeals courts "
stayed the execution until the U.S.
Supreme Court yesterday declined to

Green and two accomplices were ’| |:

convicted of killing Denson during a |»:
_ robbery of his home in Montgomery
County near Houston. - gee

Denson was shot when he strug-
gled with the men as they attempted
to take his antique gun collection. |

Testimony during the trial indicat-
ed that one of the accomplices, Jo- |
seph Starvaggi, was the triggerman, _
but: that after Denson was. shot,
Green urged Starvaggi to kill Den-
son’s wife and daughter. == =

Starvaggi, who was convicted of :
capital murder and executed in 1987 J.
for killing Denson, refused and the 9
two women survived.

SCHEDULED EXECUTIONS

OCTOBER 18, 1991

DATE NAME NUMBER DOB AGE REC'D COUNTY
10/23/91 ROBERT BLACK, UR. #819 01/31/47 (44) Ww 02/26/86 BRAZOS

10/24/91 CLIFTON BELYEU #84] 06/30/58 (33)W 09/03/86 MCLENNAN

10/24/91 EDDIE JOHNSON #898 07/31/52 (39)B 04/19/88 ARANSAS

10/30/91 DANNY BARBER #673 05/08/55 (35)W 10/31/80 DALLAS

11/08/91

CHARLES BOYD #891

08/17/59 (32)B 12/03/87 DALLAS
11/12/91 G.W. GREEN #576 11/21/4] (49) W 10/13/77 MONTGOMERY
11/12/91 VERNON SATTIEWHITE #857 09/01/55 (36)B 12/16/86 BEXAR
11/15/91 ERNEST BALDREE #855 03/27/42 (49)W 12/10/86 NAVARRO
11/15/91 JOSEPH FAULDER #580 10/19/37 (54) W 12/09/77 GREGG
11/28/91 ALVIN GOODWIN #879 12/27/63 (27)W 08/07/87 MONTGOMERY

12/06/91

KARL HAMMOND #865

(27)B 04/07/87 BEXAR

01/08/92

ERNEST WILLIS #881

09/17/45

08/28/87 PECOS

01/14/92

JOSEPH NICHOLS #709

09/08/61

03/12/82 HARRIS

DEATH ROW POPULATION: 348

El
AFTER FIVE DAYS RETURN TO
TEXAS DEPARTMENT OF CRIMINAL JUSTICE

INSTITUTIONAL DIVISION
CHARLES L. BROWN,

ASSISTANT DIRECTOR — PUBLIC INFORMATION
P.O. BOX 99 * HUNTSVILLE, TEXAS 77342-0099

————

(344 MEN & 4 WOMEN)

Viti — write A-
Wy, Brown fe
1's Z F p- e

cn cAuf = 4 CxXEe cut OnS,

ene 8 oot 6 5th Se ee ee

1
+ * ]

Tuesday afternoon |

NOVEMBER 12, 1991

LATE SPORTS

EDITION.

THIRTY-FIVE CENTS

Texas man putto
death for ’76 killing |

HUNTSVILLE, Texas — A.
former construction worker con-
victed for the 1976 slaying of a
probation officer was executed by
lethal injection early Tuesday.

G.W. Green, 54, sentenced to
die for the shooting death of John
Denson during a robbery at Den-
son’s home, received a lethal injec-
tion at 12:10 am. CST and was
pronounced dead at 12:17 a.m.

Green’s last words were: “Lock
and load. Let’s do it man.”

Before the drugs began taking
effect, Green exchanged greetings
with a sister and brother and two
friends who were witnesses.
~ The U.S. Supreme Court reject-
ed a last-day appeal by Green after
federal appeals courts and state
courts rejected Green’s requests for
a stay. The Monday afternoon vote
was 7-2, with Justices Harry
Blackmun and John Paul Stevens
dissenting.

_ Attorneys for Green contended

his trial jury hadn’t been able to:
consier all the evidence in the case |
and had not been allowed to con-
sider the fact he was not the trig-
german in the killing of Denson.

They also argued his legal help at

trial was ineffective.

po. AIF
— Col. /

y
-
7

min

LVaNncisco

San J

GONZALES, Jacinto, Hispanic, hanged Oakville, Limestone Co,, TX, January 10, 1916.

“MEXICAN REPRIEVED ONCE IS HANGED.”

“Oakville, TX, January 11-Jacinto Gonzales, a Mexican sentenced to hang a month
ago, but reprieved by Acting Governor Hobby, yesterday paid with his life for assaulting a
10-year-old girl. :

“The crime was committed on December 3, 1914, and Gonzales was twice tried and
convicted, the higher court reversing the first trial court. His victim was a daughter of
Alex McKinney, who was assaulted while she was on her way home from school.

“The reprieve wasa granted following a request from a number of persons, including
the Mexican Consul, the claim being that Gonzales was under the age limit set for capital
punishment. 3

“On the scaffold today Gonzales refused to make any statement and was
pronounced dead in a few minutes after the drop, his neck being broken.”

The Beeville Bee, Beeville, TX, Thursday, January 13, 1916, page one.

Sent by Kent Biffle who printed the article out by hand, stating that the original was too
brittle for copying. :

GONZALES, Eduardo Ray, Mexican, hanged at Paris, Tex., (Fed.), on March 30, 189).

"THE CRIME
"Edwardo Ray Gonzales, was born in Victoria, Tamaulipas, Mexico, Oct, 12, 1867. He left
Mexico about 11 years ago and came to Brownsville, Tex., and lived there for some time
but on account of continued bad health he moved to San Antonio, He went to the Indian
Territory two years ago, Gonzales at various times pursued the occupation of a stock-
man, carpenter and Bawseitt barber. He was raised a Catholic, but after coming to Texas
he got to attending Sunday school and hearing Protestants preach and renounced the
Catholic faith, In 1892 he joined the Baptist Church at Caddo, lI, T.,, and was baptized
by Rev. Mr, Hogg. John Daniels, the man whom he murdered, belonged to the same church.
His father died about 15 years ago, but his mother is still living. Gonzales was aboout
medium height, rather low forehead and a blemish on his right eye that gave him a pe-
culiar appearance. The killing of Baniels is the only crime Gonzales says he was ever
charged with. as
"Gonzales was executed for the murder of John Daniels near Caddo, I, T., on the night
of May 16, 1893. The murder was a most deliberate and cold-blooded affair. Daniels was
teaching a singing school and while on the floor leading his class he was fired on

through the door which was slightly ajar. A bullet from a 32-caliber Winchester penetrated

his brain, killing him instantly. Deputy Marshal Andy Fryar was notified and went to
work on the case, and in a few hours had Vonzales under arrest. The case was one of
circumstantial evidence, Gonzales had been attending Daniels' singingschool, but his
preserme was distabbeful to the ladies and Daniels forbade him admittance, This an-
gered the Mexican and he made threats against Daniels. Gonzales was borading at a house
a mile or two away, There was a thirty-two caliber target gun at the place, Tracksx
led from there to the school house and back, About 100 yards from the school house
the party making the tracks, stopped, sat down by the road and pulled off his shoes.
There was a peculiar barefoot track from that point up tothe door, The big toe of the
right foot turned out. Gonzales' right big toe turned out, and the tracks = both shoe
and barefoot - corresponded with his, It was found that the target gun at the house had
been discharged a short time before. Other minor incidents and etails completed the
testimony, The grand jury returned a bill of indictment on June 3, 1893, He was tried
November 28, 1893. Thue jury deliberated only a short time when a verdict of guilty
was returned," |

"The Execution"
thanged at 11215 AM with Manning Davis and James Upkins, Told by ministers that case
was hopeless and that death was soon coming, Urged to admit crime if guilty and said
he was innocent, Death warrant read shortly before 11 and Gonzales expressed gratitude
to Marshal and aids for considerations received, Accepted toddy of whiskey before
death march began, Joined in repeating Lord's Prayer on gallows, to which he was
supporteed by R. S. McAfee and M, J, Fryaer. After services made short speech asserting
innocence, Said in conclusion: 'I die with no malice in my heart for anyone, I forgive
all who have done me wrong. God bless all," Death instantaneous and his body showed
no movement after fall. Lowered to coffin at lapse of 20 minutes, Met death with
stoicism of typical Mexican, He, Davis and Upkins had prayed, sang and exhorted with
each other until midnight after which Gonzales went to sleep. Ate a hearty breakfast.
Appeared in good spirits and refreshed by sleep and meal, Body interred in potters!

field,
NEWS, Galveston, Texas, 331-189) (1-l).

"Beofe being taken out (to gallows) Gonzales uttered a loud and pathetic prayer and
eloquently protested his innocence, declaring that, forgiming the man whose deed has
brought him to the scaffold, he took the crimeon his body and not on his soul." Same

in article,

GRACE, George McKinley, black, hanged San Antonio, TX Jan. 6, 1922.

| Women See Negro Legally
|

Hanged for Texas Crime

San Antonio, Tex., Jan. 6.—George
; McKinley Grace, negro, was hanged
‘in the Bexar county jall bere today
{for criminally assaulting a white)
}woiman, The negro was executed after
certain white women had made a
‘determined attempt to have the gov-
ernor commuts: his sentence.
' Nhousands of people crowded the
.kKireets surrounding the jail blocking
traffic in a vain attempt to witness
the execution.

About 150 persons, amon them
some Wwormnen, saw the actual execu-
thon.

CONSTITUTION, Atlanta, GA, 1/7/1922 1!1197%6)

yf ) Pole

TV MEN:
“(0 BY Jum

, \ . oe
{ d \ —— ea | Walk. A. man got out of the car;

a erred

Hudler said, ‘and: he idéntified
“Chicken” Childress, one of the de-

witness said, came up .to where he
Policeman McNeil, W. E. Mayberry,
custodian of Camp Mabry; Prohibi-
tion Agent Miles, Chief of Detectives
Young and others were standing. |
“Childress, when he got up to’us,

me,’ testified Hudler. *Nobody an-
swered him, and Childress then said
he hed aright to be on the street,
,and Mayberry told him he had: that
right. Childress then walked up the
street and then returned, and as he
was getting back in the car he said:
‘We know you —— and we
will get you tomorrow.’ Then he

fendants, as the man. Childress, the

asked: ‘What's that you said about

sponsibility,” Mr. Ousley said. “The
@reater the privilege the loftier the
station, the more serious is the re-
sponsibility.- - aelietabhatatematehoeed

“Social distinction may be rated as
& privilege which society confers by
common consent upon cultured and
the gracious: The society leader

{should be deposed from her high |}

station when she neg’ her .obli-
gations to her sistérs umbler
rank and uses her position for vain
@isplay. '

“The Creater has conferred upon
womankind the privilege of beauty,
beauty in form and favor of counte-
nance. This privilege ‘carries the
responsibility of preserving beauty.
I am really serious in the. thought
I am trying to convey that it is an
actual duty for a woman to try
to retain her beauty by keeping in
good health and good temper. Nor
am I such a literalist.tn. this sense
as to despise a reasonable use of
the articles of beauty. I confess to
tolerance, if not admiration, of the
temperate use of the powder puff
and of the other devices of feminine
adornment of which even a married
man has small real knowledge ex-
cept in their effecta,

“Women have long canes a kind
of political privilege without other
responsibility than their own keen
intuition and instinct recognized.
But, with the conferring of the fran-
chise they have come into the en-
oyment of a legal privilege which

y the very fact tmposes a grave
| reaponslbility which can not ° be
evaded without civic default. The
privilege of, voting imposes the duty

of voting.”

‘ drove off. Mr. Miles said: "We had
ir } ‘MEN NAMED IN oo that car, there’s whisky
red 1 WITH Alp Some time afterward, the witness
‘ar . said, the car came back, and when
se HIPPING, Detective Young tried to stop it
: —— “somebody in the car stuck @ pistol
.* out and began shooting and saying
fe» . ‘we will get you —""

6 Vox Jan.” 6.—Misde- On cross-examination Hudler said
up snts have been’ re-/he heard a number of other shots
ike liarris County grand | fired, but he did not know who fired
ve League City cat-/ them. .Witners said he was born in
wad nection with the al-] McDade and had come to Austin
wen i 1k of Gus Beck of Web- | about two and onechalf months prior
recox The caxes have been|to the killing of Clayton. He eaig
e the! in Judge Roy Camp- toned A Ne ehen be fae atk
ly ts : officers, he referred to indirect tes-
“ore was indicted on a -
Nae “ult with a prohibited} (Continued on Page 7, Column 7.)
Ot me ck. Kilgore and eight | ——— Se :
yr ‘ League City were 7
, inisdemeanor chargesof 4
onment. The others are N e
+ hom: sdden, J. E, Hayes, Hay- i ‘ fice
mbar’ x 1. C. Crowe, 3. CG. Barnhall. e a
wa eee Calmly
All of the men are “ 9
Frond, <icned by Frank WHll- , :
ves ae He Is
{he omen, McFadden, F
Ross, are defendants in aera > 2
wF me ‘in Galveston in con-
\ ; ,
ip it (he Killing of Marcus Special to The Newa,
vied: vumer «at League City.! san Antonio, Tex.,, Jan. 6.—Going
HT, ~~ calmly to his death, George McKin-
wt cS PROVISION Or ley Grace, 22 years old, negro, was
tener ) POW PROMIBETION | hanged in the Bexar County jail. at
nda: oo 11:30 o'clock ‘this morning with a
nae He i“ et, helene hobl: protest of Innocence on his lips, |
_ cd the provision : Ft Twelve minutes after'the trap was
lene: opr n the! sprung physicians pronounced Grace
edit © conv manemen mu hie he desd, His neck was broken. |
(tm vmeresment of prohibl- | aimost his last words were; “Mr.
one | (is {he fiscal year begin- Tobin, I am innocent.”
amr: | st July 1, after Representa. ete a : 7
; \! |. republican of Maryland,|: “God’ have mercy on our. souls,
om pen! Je tn unsuovessful attempt | then,” replied Sheriff Tobin as he
\ were | ter * the amount cut to $250,000. fintehed reading the death warrant,
where | - Sse -- {and began the march from the death
awnid | - cell through a Sede: door into the
; rn 7 execution chamber, f.*
sted.” ° AY CRIMELESS Grece took bis place In the pro-
their UALVESTON, POLICE cesaion, penrehing Saeesietnd, the},
| PY four negro ministers, who later
tana. I “LOTTER BEING B pra in front of him and behind
ty bmmpecad fos?" By Xie: hed him, 4 } Le aft
om of Ue ar . .
; \LVESTON enjoyed ita first F When ‘his hands and ‘fect’ were
\mtdin “crimeleas” siwenty-four., ‘fastened the Rovore..was placed over
lwan') *-* bours in many a Guy, ond-. | his head, Floating up: through the
ies Be | ‘ist night at 1 @elock, with: |j corridors from the floor, below the
pat ee | vrrest of an alleged traftiee || Words of the hymn, “Noarer My Goad
atier || vee violator, who wag |] to Thee,” reached the doomed man's
andle with parking his car in cara, It was the prisoners singing.
‘heater, No. calls of Medak In Agony.
am t: cx were received by The noosc. was: adjusted.:: The
Ufine . er oS Tl atnging (was stopped in’ mid-verse,
¢ per- arrest previous to |! An agonizing moan escaped Grace's
® far “Co onight Was. ato Qt quivering lips. a wake
rduy night, when a ;. “All ready, Grace?” asked Sheri
own rought te the station, | Tobin, he + a ae ’
iwin. ‘1 with drunkonness, ||, But opty a ‘mumbled prayer came |
adew. | —. me in response ©
ae

ro Faces Death

—" ~

Declares —
Not Guilty

* A eignal.’’ The steel doors clanged.
The rope ‘snapped. *‘ eo
_'A woman prisoner’ screamed and
there ‘was “silence. ; -
-On the second floor of the jall,
leas. than-ten feet from the dangling
form of the ged. man, rfore than
100 -prisoners pressed ‘thelr faces
against the bara, Arntong them were
two‘meh ‘under death sentence, :
‘Beyond the jal) yard, on Cameron
street, more. than 2,000 persona stood.
They had waited from early: morn-
ing in quict anxiety.” After.’ the
noise of the falling trap told them
that’ Grace had paid: the penalty,
they continued their vigil. Hundreds
Of negroes, with upturned faces ‘be-
trayed praying lips... 3

The crowd lingered until an am-
bulance muved lowly out of the jail
yard bearing the body. - Then = it
quietly dispersed, ‘ $

“It's a sae task, but the only way
I can avoid this is to resign,” Sherr
Tobin told Grace befor¢ the march
from the death cell to the gallows
began. , ie

“If you are innocent, then God
have mercy on our souls,” he teplied
when Grace declared he was not
guilty of the crime for which he was
about to die, iC; 5

“if after your death it develops
that. you have died an innocent man,
you will have served your yace to
this extent, The decree of the court
wilt have been upheld and the Poasi-
bility .of; degrading mob violence
averted... Help me in the perform-

11 Continued on Page 3, Columa 2)! in

aba te rite, hee 5)

Ueze .

Japs Not te Intervention.
The Japanese, he Bald, had no in-
tention at the present time of asking |
intervention by Arthur J.; Balfour
and Secretary, Hughes, although ,he
said the Chinese might consult with 3
the heads of the British and Amert-

A RR ee wee '

ane delegations, under whose “good
offices” the conversations were be-
gun Several weeks ago, in an attempt
to settle. the dispute “outside the
arms conference.”

Pr. Wellington Koo of the Chinese
delegation was jess communicative
immediately after the meeting. ©‘ ‘3

“The situation is quite critical,” yt
Dr. Koo said, “and.I do not want to: fs
say anything hastily. We may, how-
ever, decide to make a Statement
later tonight.” ~

The Japanese proposal, which the
Chinesé declined, was based on aj-
rect instructions from Tokio. The
Proposal, Mr. Hanthara said, Dro- .

(Continued on Page 2, Column 8.)

OTH
“TSI

Special to The Newa, eee

Austin, Tex.,-Jan. 6.—The board of
control late today elected J. W. Cant-
well of Fort as superintend-
ent of the StZte Juvenile Training
School at Gatesville to £111 the va-
cancy caused by the resignation of.
Cc. E. King, which becomes effective
Jan. 18. The resignation of Mr. King
followed his exoheration ‘by the
board of control of charges that he
permitted inmates of the school to
be brutally punished. The board
made an Investigation of the man-
agement of the school following the
violent death of Dell Thamea, a 15-
year-old boy sent to the institution
from Reaumont. After Mr. King had
tendered his resignation he made an
effort to withdraw it. This the board
declined to permit. ; i ‘

Mr. Cantwell, was selected ‘from a
Jarge number of applicants. He is
at present at Boulder, Colo., but it is
understood that he will return to
Texua and take charge of the train- 1
ing school on’ the expiration of Mr. 4
King’s term. Mr. Cantwell is a grade
uate of Yale, a democrat and a Meth:
odist, according to the board of con- -
trol. He .was highly :recommended .-
by President..W. B. Bizsell of the | |
Agricultural and Mechanical College,
President 8, P.-Rrooks of Baylor '
University and ‘Mise Annie Webb
Blanton, state superintendent of pubs

Fort Worth publ
Savacit he

/ /-) SMmaN And AY SANE)

ide

(1) t

paw

ScilieIeetiienehatecitenes tain on an. naan ae
rs
ret.

tee were

oe aes

ke
ey,
i

hese jy Mc ley Grace, negro, con-
. Wicted of ault. :

in the least alarmed about it and
, Initials signed.

_ FINPSON AMERICAN LEGION

‘is. Special to The News.

dis Basu, blo wm batderwei Ve bast oem

b oc. -”
ce While not a member of the bloc.
he said, “l am in favor of any meas-
ufe that will alleviate the sufferin
of the farmers. I know their dif-
ficulties, because I come from a
state where the only industry is

ng.

ee can help the farmers and
must help them. Rut this does not
mean anything inimical to the
manufacturing and industrial sec-
tions of the population. The pros-
perity of the farm is at the root
of prosperity everywhere If the
farmer is not prosperous the coun-
try will not be. I believe in accord-
ing both industry and agriculture
the protection they need. My sym-

ath with agriculture does not
eae a lack of sympathy in other
directions.”

McCumber explained that were he
ween ees: of the finance com-
mittee he would probably be count-
ed as a member of the bloc. His
membership om the committee, he
thought, made ft inadvisable for him
to enroll in the-bloc. He favored
the bloc’s efforts, he said.

iy its ft

The effort of the activities o
the bioc, in McCumber’s opinion, has
been overestimated. He sees no rea-
son for objection to concentrations
among senators from farming states
who know the needs of the farmer,
and a 1 deers pao among them to

lie

ecamber comes from the home
of the Nonpartisan League, but he
is a republican, always, he said,
and if he is again a candidate in the
November elections he will run as
‘a republ He will not a
bipartisan candidate.

If I am nominated I want to be
nominated as @ republican, and |
want to run as @ republican” sald
the senator. Vella a

KEY FUNERAL TO ~
BE RELD TODAY

CONDUCT SERVICES AT

WILL
RESIDENCE OF BROTHER. °
IN-LAW. ;

Fumeral services for Brewer W.
Key, prominent lumberman and
bhilanthropist, who died Thursday
‘night after a brief illness, will be
held this morning at 11 o'clock from
the residence of his brother-in-law,
C. A. Vedder, 3427 Avenue O. Rev.
Raimundo De Ovies, rector of Trin-
ity Episcopal Church, will officiate.
Interment will be in Cahill Ceme-
tery. ‘

The honorary pallbearers owhod
have been named are: Dr. Edward:
Randall 8r.. Dr. H. O. Sappington,”
Fred Pabst. Baylis FE. Harriss,
Charles Fowler Sr.. W. R. A. Rogers,

H. A. Black, Charles Dofsey, C. H./
Moore, John Sealy, Joe Bonart, rs Ea

Moos

W. Hopkins, Hoskins Foster, J. W.
Zempter. Frank French, woe, Jonee,

NEGRO FACES DEATH CALMLY;

DECLARES HE IS NOT GUILTY | Mccan

f (Continued From Page 1.)

vd . Ala, in 1860, and had been a
. Sf Fiigent ot Galveston for about Ch
ance of Ww ee and for your own | twenty-fWe yeara, coming here from

sake, die like a
“Die

‘ Dies With Secret.

Outstanding among the events of
‘the gray morning’ was a final con-
verastion between Grace and Jailer
John Wiatrick.

ere’s something on my mind
I would like to tell you, John,” said
Grace, “but I can't.. My religion
won't allow me.”

That was ail. The
mever explained. and Wiatrick
preseed for no explanation. ‘

Styen men, among them four ne-

@roes, have been han auring the
twenty-year tenure of office of Sher-
The first man was

iff Joba Tobin.
Juan white, convicted of
rourder; the second, Vincente Sau-
ceda, white, convicted of . assault;
the third, e Turner, white. con-
victed ef murder; the fourth, Hugh
Mays, negro, convicted of murder;

fifth, Doc Williams, negro, con-

ed of murder; the sixth, Lee
Johnson, negro, convicted of murder |-
ana finall the ‘seventh, today,

In every case the condemned man
has been pronounced dead by Dr. B.
. CouBty physician.

NEP ROCKIVES LETTER WIThH
TUREAT ON HANGING OF GRACE

Special to The Newnan ‘ /
Austin, Tex. Jan. 6—Governor
Neff today received an unsigned Jet-
ter threatening his life If today’s
execution in San Antonio of George
McKinley Grace, negro, should take
place. Bince it did occur the threat
stands. However, the governor is not

refuses to accept an anonymous jet-
ter seriously. The letter had only
to it in @ scrawling
mapnoer which a tor oy to be either
“B. H.” of “BO. CC.” Jt read as
foliows:

“1 will make it brief that if Grace
is hung your life will be in danger.

GIVES HOM TALENT FLAY

me pa pig sg paced lace in dpdicias chr~
sotel te The News, / on city and atate.: ring the
, | SAaministration of rresia w
P (Timpeon, Tex., Jan. 6.—The Vergu-|Kiniey be served as presia ing ener
g0n-Tims-Morrison Post No. 90, pre Court of the first instance, Ma

Ban Augustine to-
pight to a Jarge crowd, "This aiey
has A Presented at four of the
ppt Roat- te with several others
ake which are received will be
for the establishment of suit.
he quarters for the Timpson post.

ne
Fu
used

DEVFTROTS 82,000
' BESIDENCH AT ZAVALLA

Zevalla, Tex. Jan. €.—The resi-
Gence of M. Gibson of this place

words were! g<

FUNERAL FOR SANTA

ez press messenger, who died yesterday in

train No.

The complete funeral

Carl FP. and Dexter 8. Dickson
gota, Tex.

Wilson Chapter, Royel Arch Masona, and
also of A. F. and A.

at Navanota. and of
cabees af Dallas,

FORMER GALVESTON MAN

Y | the death of W. A. Kincaid, formerly of
Galveston,

Hil-
H. B.
ce.

Mr. Key died Thursday night at
s Infirmary after a short

illness. He was born in Montgom-

Oklahoma, where he was engaged in
the lumber business. At the time of
his death he was president of the
Gulf Lumber Company and was ac-
tively eg eet a Mexbiriera aes
heas and financ organizations in

_ Mr, Key was the benefactor of
many public institutions in Galves-
ton and Oklahoma. The two great-
eat expressions of his senerosity and
Philanthropic attitude were the do-
nation of the Julia Key Memorial
Young Women’s Christian Associa-
tion omé¢, as @& memorial to his
wife, Julia Vedder Key, whodied in

ptember. 1920, and improvements
of Cahill Cemetery. Hie most re-
cent gift in Galveston was the do-
nation of three lots near St. Mary’s
nfirmary to be used as the loca-
tion for a nurses’ home.

The passing of Mr. Key brings
sincere sorrow to his many friends
in the Southwest, and especially to
his friends in Galveston. who ad-
mired him as a man, who, although
wealthy. never forgot his friends
who had not fared so well as he.
His gifts to charitable organizations
amounted to many thousands of dol-
lars and his gifts to individuals were
many. ; ee ;

Funeral services for W. W. Dickson.

Houston following a fall from Santa Fe
17 near Mykawa yesterday
morning, will be held at. Gilmer, Tex.
arrangements have”
Rot been announced here.
Mr. Dickson was a resident of Galveston.
Kurviving are his wife, a mn, Carl Thomas
Dickson; his parenta, Mr. and Mra. TW.
Dickaon; two sisters, Mire Maud and Mies
Stella Mae Dicksun, and two
a—

Mr, Dickson wae a member of the B. WwW.

the Seottieh Rite bodies of Galveston:
M.. lndge Na. 299,
the Order of Mac~

DIES IN LOS ANGELES HOME
Information hee bec penead here of

who died Thursday night .in
Los Angeles, where he had made hie
horne in recent years. .

Judge Kincaid for many years Was a
practicing attorney of Galveston and oo

He ie survived by hie ite ~ 3

Daomber ot y wife and a
Paget att Ada

° im aity, Cc

L. ©. Lierame of Mentos: at one time
Mexican cones) wt the port of Calvestum,
PIONESR oF WAannixoroN

COUNTY NYS AT LATION

Sp-tlal to The News, ‘
Brenham, Tex, Jan, 6.—-Mre Juetine
Warnagch, 12 years wid, died at fer hartea
at Latium, She wae burn in Germany
end came to America when } Year wid,
her parents settling noar sheipy. | After

her marriage she Sived thiety—five yearn
ot Letium, aod wae the mother of aliteen

Jr. Fred McC, Nichols, Johnj

sition of

im the family berying ground. He was
a ft confederate ané is sur
vived by his wife and severa) children.
JOHNSON—Corpus Christi, Tex, Jan.
6.—Meivin, 23-year-old son Se fan, and
Mra. Otte M. Johnson of Nueceastown,
died here yesterday following an {!\ness
of almost one year. He had been brought
for treatment. foufe-s 4
BAREFIELD—Iola, Tez. Jan, 6.—Gar-
ret Barefield died yesterday ne | at
hie home near lola. He is by
hie wife, his parenta and several broth-
ers and aimers Ch ey

lll

SHANTUNG PARLEY’ |

Senet,

(Continued From Page pS eaane

vided for the restoration to ‘China
of the Kiauchau-Tsinanfu line by
means of the fifteen-year ‘loan
through Japanese capitalists. China,
he said, would have full title to the
road, but would agree to designate
a Japanese traffic manager and chief
accountant, and if the Ioan was re-
Geemed the obligation to retain
Japanese experts would cease. “Un-
fortunately, we were unable to reac
an agreement today,” he continu
“but we‘tInay meet zOmorrow of Mon-
day. We feel that our position is
entirely clear, but China says that
our latest proposition is not accept-
able. The inese delegates pro-
P an immediate cash payment
or the deferred payments, but we
do not desire to sell to China the
railroad property. ‘

The Japunese Offer.

“The original proposition of the
Japanese government was té make
the railroad a joint ino-Japanese
enterprise, You must. remem that
this railroad is -now Japan cope
erty. but. ase China expre the
wish to have a share in it, we ex-
pressed our accord and said we
would let the Chinese in on a 50 per
cent basis, but this was not accept-
able fo them. They wanted to take
over’ all the ratiroad. So we. went
atill further. We are ready to give
the title of the railroad entirely to
ina, but we could not give up all
our interest in the property.

“So we planned to make thetrans-
fer in the form of a rail ay loan,
the ‘terms of which should be no
@ifferent from other similar railway
loan. ements which China has
ente into with the nationals of
other powers. Under such a dispo-
the question Japan would
have the right to furnish the traffic
manager and chief accountant, with
the ble gong AC TS they were to
be appointed by China.”

Mr. Hanthara said that Japan was
not vitally concerned over the value
of the rafiroad, but pointed out that
the reparations commission had
placed the value at the time the Ger-
mans left the sailroad at 15,000,000
gold dollars.

PROHIBITION OF GAS WARFARE
ON LAND AND SEA 13 URGED

By Associated Press,

Washington, Jan. 6.—A five-power
contract to impose the age-old pen-
alties for piracy against naval com-
manders who violate accepted laws
of naval warfare Was approved to-
day by the armament committee of
the W

committee then moved to-
wArd a prohibition of gas warfare
on sea and land. (
Again Mr. Hoot drew the resolu-
tion to effect prohibition. Again an
immediate five-bo
abandon gas or other similar chem-
{cal weapons as beyond the ale
of hamane tolerance js pro . to
be worked out later oF world agree-
ment into the fabric of international
Jaw. And again it seemed certain
that, under American initiative. war
in future would be stripped of an-
other horror German ingenaity let
loose upon the world. ‘
Italy gave prompt ‘adhesion to the
anti-gas project as “a real ate fn
the path of progresa me civiliza-
tion.” Adjournment of the commit-
tee prevented the views of other
delegations trom ‘being Presented,
bat all were sald to favor the ban
on gas w e. ey q

TEXANS HAVE DRAWN SECOND |

LARGEST SHARB OF RELIEF
Special to The News, ah Woe , ‘

Washington, Jan. @—A total of
more than $145,000,000 has been ad-
vanced by the War Finance Corpo-
ration for the agricultural and live
stock purposes under the amended

Jaw from the date it effed-
Gye, Ase. 24 {o\bee. She according
statemen 3; sued, 7
corporation, Other” than Parek
‘oF

lculturai purposes, f Y
advances tote) neari wn

es
live stock elon

secured ;
amount, $21,740,639. er
on t

stare, the first «Being « Minne
which was on account of the
Fecelved slightly meses 5 ee
e s y Tr an P fi
064, among the other states being

ABRUPTLY ENDED! |

wer contract 4o|}-

Okiahoma, $6,386,644; New
2,016,260; Arkon er
oulniana, $1

buraed, |) Practically

i all.
were saved

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i7/ a 24-/95Z

FRANK NEWTON OFFICE SUPPLY=-DOTHAN

‘Texas inmate
life hangs ona
‘single eyewitness

By MICHAELGRACZYK
Associated Press Writer

LIVINGSTON, Texas —

Three weeks after issuing his
first-ever reprieve to a con-
demned man, Gov. George W.
Bush is confronted with another

case ___ that
| foes of the
| 1], death
_ “Responsible in see
. ; ing illustra-
including tion of
_ death penalty what's

_ advocates, capi with
capita -
should ishment.

| shudder at P cary

Richard holdup

Burr outside a

G raham’s Houston
Supermar-

attorney On ket 19

appeal years ago.
Gra-

ham, who
has spent
more than half his life on death
row, insists he didn’t do it.
The case poses political con-
siderations for the Republican
presidential candidate, and
comes amid growing doubts
around the country about the
death penalty. Earlier this year,

i i.

Illinois Gov. George Ryan
placed a moratorium on exe-
cutions after several inmates
on death row were cleared.

Graham’s supporters argue
that his lawyer did a poor job at
the trial, that his fate was
sealed by a witness who got
only a fleeting look at the killer,
that no physical evidence tied
him to the crime and that wit-
nesses he wants heard have
been blocked by procedural
hurdles.

“Responsible citizens,
including death penalty advo-
cates, should shudder at the
thought of an execution based
solely on a two-second view of
a stranger’s face in the dark,”
said Graham’s attorney on
appeal, Richard Burr.

Among other things, Gra-
ham’s supporters have enlisted
the backing of the Northwest-
ern University law school’s
Center on Wrongful Convic-
tions, which brought to Hous-
ton 10 men and one woman
who were wrongfully convict-
ed of serious crimes because of
bad eyewitness identifications.

The courts, including the
U.S. Supreme Court last
month, have so far refused to
stop the execution.

And Texas Attorney Gen-
eral John Cornyn sharply
defended the prosecution
Wednesday.

“The people of Texas can be
assured that Gary Graham is
guilty of capital murder and
that he has received the due
process our American sys-
tem guarantees,” he said ina
statement. “The incredible
brutality and raw violence of
Gary Graham forever will
haunt the memories of Tex-

ans.

oS a a oe an

6-A THe DoTHAN EAGLE

Elnora Graham, second from left, stepmother of Gary Graham, the Rev. Jesse Jackson, cen-

ter, and Bianca Jagger, right, leave the Huntsville Prison Unit after visiting convicted killer

Gary Graham Thursday in Huntsville, Texas.

Execution

Continued from 1-A

He made a long, defiant final statement in
which he reasserted his innocence, said he was
being lynched and called the death penalty a
holocaust for black Americans. He asked to: be
called Shaka Sankofa to reflect his African her-
itage.

said. “The truth will come out.”

Bush said he supported the execution and
pointed out that Graham’s case had been
reviewed by 33 state and federal judges.

“After considering all of the facts I am con-
vinced justice is being done,” Bush said after final
appeals were denied. “May God bless the victim,
the family of the victim, and may God bless Mr.
Graham.”

Outside the Huntsville prison, hundreds of
Graham supporters gathered in stifling heat and

“T die fighting for what I believed in,” Graham |

humidity near the brick building-ywhere 222 exe-

cutions have now been: carried out«since capital
punishment resumed in Texas in 1982. The total is
by far the highest in the nation. —

When the Texas parole board, ‘tiiade up of 18
Bush appointees, refused to block the execution,
that left the Republican governor with no options.
The single 30-day reprieve a Texas governor may
unilaterally give a condemned inmate was issued
to Graham by Bush’s predecessor in’1993.

The parole board, which has spared a prisoner
only once during Bush’s tenure,-could have grant-
ed a 120-day reprieve, a commutation to a lesser
sentence, or a conditional pardon. ~~

“T can say, unequivocally, that the board’s deci-
sion not to. recommend clemency was reached
after a complete and unbiased review of the peti-
tion and evidence submitted,” board chairman
Gerald Garrett said, hours before the execution.

The Supreme Court, a federal judge and state
appeals court also turned down Grahams last-
minute appeals, which delayed the execution for
more than two hours.

fying the missiles to go after interconti-
nental ballistic missiles in both the boost
phase and in space would provoke outrage
in China and Russia, both of which fear
a U.S. national missile defense system
could neuter their own nuclear arsenals.
And an interceptor fast enough to knock
down missiles in the boost phase would
probably be so big it wouldn’t fit into the
vertical launch tubes on surface ships,
which fire smaller weapons such as Tom-
ahawk missiles. “You cannot build a big
enough boost-phase interceptor to catch
all missiles, and put it on surface ships,”
says MIT’s Cote. The only vessel with ad-
equate launch tubes for that, he says, is the
Trident-class submarine, which is still
fully employed cruising the deeps with
America’s own nuclear missiles.

Vulnerable spots. But even with limi-
tations, a boost-phase missile killer could
smooth some diplomatic wrinkles, since
it would be ineffective against Russian
and Chinese missiles. And Pentagon of-
ficials think a modified theater system
would still be able to protect against mis-
siles fired from many locations. Two
Navy cruisers or destroyers flanking
North Korea, for instance—which could
field an intercontinental nuclear missile
by 2005—would be enough to shoot
down most missiles fired across the Pa-
cific at the United States. But a shot over
the North Pole could escape the Navy’s
reach. Ships in the Persian Gulf and the
Mediterranean would be able to parry
missiles fired from Iran, Iraq, or Libya,
although some corridors would still be
safe from Navy interceptors.

The Navy is also hesitant about the
burden of taking on a new mission. “If
you grow me missions, I need more
ships,” says a senior Navy official. At a
minimum, the Navy thinks a sea-based
national missile defense network would
require four to seven additional ships—
more if round-the-clock coverage were
necessary or if complementary land-
based batteries became unfeasible.

Whatever the case, a sea-based na-
tional missile shield could add more
than $10 billion to the defense budget
and be subject to the same delays as the
current program, which Clinton will ei-
ther approve or defer by this fall. And it
would still require some of the advanced
new ground- or space-based sensors
needed for the Clinton system. The
Navy’s “theater-wide” system for use
against short-range missiles isn’t even
due to be fully deployed until 2010,
which is five years later than the current
program. Technical delays revealed ear-
lier this month could stall that further.
Whether by land or by sea, missile de-
fense is still a long way off. e

22 U.SNEWS & WORLD REPORT, JULY 3, 2000

U.s.QeEws

A furor over a Lone
Star execution

Gary Graham stirs the death-penalty debate

By TON! Locy

G ary Graham, the new martyr of

the rejuvenated anti-death-penalty

movement, could be used to haunt
and taunt George W. Bush. The Texas
governor refused to stop the execution
last week, despite questions about his
guilt. Bush says no innocent person has
been executed on his watch. But Graham
maintained his innocence, resisting

Protesting Graham’s execution, the 135th in Bush’s tenure
@ “It’s better to be rich and guilty than poor and innocent.”

prison guards right up until he died
by lethal injection at 8:49 p.m. last
Thursday. Bush said his hands were tied
after the 18-member Texas Board of Par-
dons and Paroles—all Bush appointees—
recommended that the execution pro-
ceed. The Supreme Court, in a 5-to-4
vote, rebuffed pleas by Graham’s attor-
neys to spare their client. Graham, 36,
was the 135th inmate executed during
Bush’s term.

Graham’s supporters are riding mo-
mentum created earlier this year when
Illinois Gov. George Ryan, like Bush a Re-
publican, stunned his party by halting ex-
ecutions in his state. Ryan imposed the
moratorium because of concern that the
death-penalty system in Illinois was so
fraught with error that it could result in
innocent people being put to death.

EDWARD ORNALES—EXPRESS-NEWS/AP

Legal experts say Graham’s case was
troubling because he was convicted on
the say-so of a single eyewitness who
glimpsed a gunman at night from sever-
al feet away. Then 17, Graham was no
angel. When he was arrested for the mur-
der in 1981, he was in the midst of a bru-
tal crime spree, including robberies, as-
saults, and a rape. He admitted to those
crimes but denied being a murderer.

Graham’s new lawyers accused at-
torneys at his origi-
nal trial of incompe-
tence for failing to
call two eyewitnesses
they knew would have
testified that Graham
was not the gunman.
Three jurors at the
trial recently said they
would not have voted
to convict Graham had
they heard from those
witnesses. Courts—in-
cluding the Supreme
Court—refused to hear
the new evidence be-
cause changes in state
and federal law re-
quired that Graham
prove the witnesses
could not have been
found sooner.

The Rev. Jesse Jack-
son, who witnessed the execution, said
Graham considered himself an agent of
change, someone who could turn the na-
tion against capital punishment. In fact,
the tide seems to be shifting. Most Amer-
icans support the death penalty—as do
Bush and Al Gore. But the numbers of
death-penalty supporters have dropped
in recent years. The debate has veered
away from moral arguments to the prac-
tical because of better DNA testing and
revelations about sloppy, unqualified de-
fense attorneys. Americans, especially
those who followed high-profile trials like
O. J. Simpson’s, understand the impor-
tance of having a savvy defense team. Says
Stephen Bright, director of the Southern
Center for Human Rights: “I think most
people realize it’s better to be rich and
guilty than poor and innocent.” @

ON SOCIETY =» By JOHNLEO

An innocent martyr?

Executions, guilt, and the facts of the Graham case

opposed to the death penalty, so the nearer we get to any

well-publicized execution, the more innocent the perpe-
trator is apt to look. This often makes it hard to get beyond the
attitudes of the press to the actual facts of a capital case.

In the Gary Graham case, what we know for sure is that in eight
days of May 1981, the accused went on a spree of more than 20 vi-
olent crimes, including four shootings, one rape, and 10 armed
robberies. Two men Graham shot at point-blank range miracu-
lously survived, one by shoving Graham’s shotgun downward and
taking the blast in his leg, the other by sheer luck—a bullet from
Graham’s pistol passed cleanly through his neck. The shotgun vic-
tim said Graham shouted to an accomplice, “Finish the honky off!”
Graham’s involvement in these crimes is not in dis-
pute. Though he was never tried for the “honky”
shooting, Graham was positively identified
by the victim and his girlfriend. He con-
fessed to other shootings and other
crimes committed during the _
eight-day spree.

What he didn’t confess to
was the murder of Bobby
Lambert, the crime for
which he was executed
last week. On the night of
May 13, a young black
man in a white jacket fol-
lowed Lambert out ofa ¢—
Houston grocery, tried to
rob him, and shot him in
the chest. The only witness
who got a good look was Bern-
adine Skillern, a black woman
employed by the Houston public
schools. She said she saw the robbery and murder from her car,
20 to 30 feet away, and watched the killer for perhaps 60 to 90
seconds. She pursued him in her car, seeing him full-face for a
total of two or three seconds. Once, she said, she saw him look-
ing directly at her, from less than a car length away. Some edi-
torial writers apparently based their accounts on defense press
releases, which said Skillern had only a split-second look from
a considerable distance. Writing in Texas Monthly in 1993, Gre-
gory Curtis noticed that “very little original reporting has been
forthcoming. ... The result is that fliers from Graham’s sup-
porters are taken for fact, with even the language of the fliers
showing up in stories and editorials around the country.”

Strong witness. Skillern, who picked Graham’s face out of
a pile of photos of black men and then identified him in a po-
lice lineup, was an unusually strong witness. The defense
said she was unshakable under cross-examination. “Ms.
Skillern was stronger than an acre of garlic,” said Ron Mock,
one of Graham’s attorneys at the trial. “I couldn’t even get her
to flicker.”

The defense claimed reasonable doubt on the basis of alibi
witnesses and eyewitnesses who say Graham was too tall to

p eople who work in the news media are overwhelmingly

14 U.S.NEWS & WORLD REPORT, JULY 3, 2000

be the killer. But these witnesses either changed their stories,
gave accounts that didn’t fit known facts, or showed up long
after the trial. In 1993, a long report on the case by Susan War-
ren of the Houston Chronicle said: “New testimony by old wit-
nesses contradicts the stories they gave in 1981, and the new
witnesses give details inconsistent with the facts of the case.”
One witness showed up 12 years later, claiming that a radio
broadcast had revived his memory of seeing the shooting. The
alibi witnesses—including two of Graham’s cousins and a
woman who later married him—turned up five years after the
trial and were judged not credible.

As Hollywood stars and foes of capital punishment began de-
scending on the case, national writers weighed in, often garbling

the details. One famous columnist wrote that

perhaps the alibi witnesses weren't called
in 1981 because the defense thought

/ Graham was guilty from the start.
But there were no alibi witness-
es in 1981. The defense said

Graham originally said he

had spent the night of
May 13 with a girlfriend
but couldn’t remember
who she was, where
they had been, or what

she looked like.
Supporters of Gra-
ham argue that his orig-
inal attorneys put on a
timid nondefense. But the
defense had to tread care-
fully and say nothing that
would open the door to testimony
about Graham’s other crimes. As Gregory
Curtis wrote: “The other crimes... were not merely similar

to the Lambert crime—they were identical.”

Many people (myself included) think it’s wrong to hand out
death sentences on the testimony of a single eyewitness, how-
ever strong. Still, it’s hard to argue that the sentencing jury
acted unreasonably. It knew (as the original trial jury did not)
about Graham’s week of mayhem and concluded that he would
be extremely dangerous if he escaped or won release. One fe-
male victim of Graham’s spree said he told her: “I’ve killed three
people, and I’m going to kill you.” A deputy sheriff who took
Graham to court quoted him as saying, “Next time I’m not going
to leave any witnesses.”

Opponents of capital punishment, unsurprisingly, see it dif-
ferently. “I have never seen this kind of evidence pointing to in-
nocence; it is overwhelming,” said Dick Burr, a lawyer for the
National Association for the Advancement of Colored People.
“He is an innocent martyr,” said the Rev. Jesse Jackson. “There
is powerful evidence that [Graham] did not commit the mur-
der,” said the New York Times. All deeply felt, no doubt—but
untrue. Someday, we will have an honest discussion of the death
penalty pegged to a specific case. But this wasn’t it. e

ILLUSTRATION BY HAL MAYFORTH FOR USN&WR

EXECUTION ALERT

The National Execution Alert Network ie a project

of the National Coalition to Abolish
contact:
NW, Lower Level B,

For more information,
1325 G@ St.

Washington DC . 20005

ALERT 90-5

9
*KEXECUTION ALERTXXEXECUTION ALERTXXEXECUTION ALERTX*EXECUTION ALERT**

RONALD GENE SIMMONS, (White),
He was convicted

and two Ruesellville residents on December 28,
to "end the torture and

he wante to die

25 JUNE 1990

the Death Penalty
Pamela Rutter, NCADP,
(202) 347-2411

June 20, 1990

LETHAL INJECTION
death row since 1988.
14 family membere
Simmons has eaid

euffering in me.”

In this past Spring, the U.S. Supreme Court ruled that Arkansaé

doeg not have to provide mandatory review for death
Gov. Bill Clinton

TAKE ACTION, CONTACT:

row prisoners.

State Capiliet

Little Rock
(501) 682-2345 FAX:

TEXAS KKSULCIDEXX

26 JUNE 1990

AR T2201
(501) 682-1382

LETHAL INJECTION

JAMES SMITH, (Black), age als
convicted of
consistently
rest of hie life in prison.
TAKE ACTION, CONTACT:
Attorney
State Capitol
Augtin, TX 78711
(512) 463-2100

VIRGINIA *KSUICIDEX*

hag been on death row since 1983.
the robbery/murder
wanted to be executed because he doeen’t want to epend the

General Jim Mattox

He wae

of a white male. Smith has

Gov. William P. Clemente Jr.
PO Box 12428

Austin TX T8711

(512) 463-2000

FAX: (512) 463-1849

29 JUNE 1990 ELECTROCUTION

JOSEPH SAVINO, (White),
He wae convicted of
pled guilty, hae had his
TAKE ACTION, CONTACT: GOV -

age 3Q,

TEXAS

the robbery/murder of his homogexual lover.

direct appeal and wante to be executed.

Douglae Wilder
State Capitol
Richmond VA pa2i9
(804) 786-2211

FAX: (804) 786-3985

4) SULT 1990

KENNETH GRANVIEL,
1975.
TAKE ACTION, CONTACT:

Attorney General Jim Mattox

State Capitol
Austin, TX 7T8Til
(512) 463-2100

ALABAMA

WALLACE NORRELL THOMAS,
July 1982. He wae convicted of
two codefendant 6 received life
circumstantial evidence, and one

(Black), 8&¢ 39, hae been on
He wae eonvicted of the murder of a 2-year old white female.

(Black), a8 36,

1989.
Savino

hag been on death row eince June

Atty Gen Mary Sue Terry
Supreme Court Bldg

102 N 8th St.

Richmond VA 93212
(804) 786-2071

LETHAL INJECTION
death row since November

Gov. William P. Clements Jr.
PO Box 12428

Austin TX TOLLS

(512) 463-2000

FAX: (512) 463-1849
13 JULY 1990 ELECTROCUTION
has been on death row since

the murder of a white female. Thomas”
sentences. Thomas was convicted on
of his codefendant’s confession.

TAKE ACTION, CONTACT: | Gov. Guy Hunt
fe§tsc ‘th S Union St.
Montgomery AL 36130
, , 6209) 261-7100 FAX (205) 261-4017
VIRGINIA 19 JULY 1990 ELECTROCUTION

RICKY BOGGS,

(White), age 27, has been

on death row since October 1984.

He was convicted of the murder of an elderly white female.

TAKE ACTION, CONTACT:

Richmond

(904) 786-2211
FAX: (804) 786-3985

Gov. Douglas Wilder
State Capitol

Atty Gen Mary Sue Terry
Supreme Court Bldg

102 HN eth st. .

Richmond VA A308
(804) 786-2071

VA 23219

Ruling may
allow appeals
by 2 killers

From Staff and Wire Reports

The US. Supreme Court has
paved the way for new appeals in
the cases of two notorious con-
victed Texas killers, Henry Lee Lu-
cas and Kenneth Granviel.

On Monday, the justices ordered
the Texas Court of Criminal
Appeals to review the convictions
in light of their ruling last week
that jurors in another Texas capital
case should have heard certain mii-
tigating evidence about the defend-
ant.

The state’s highest appeals court
could order new trials or uphold
the convictions and open the possi-
bility of new appeals.

Mr. Lucas once claimed that he
had killed 600 people in 26 states. He
later recanted all the confessions
except for the 1960 slaying of his
mother in Michigan.

He was convicted in the 1979
slaying of an unidentified woman
known as “Orange Socks” for the
only items of clothing found on the
body. She was found strangled near
Georgetown, north of Austin.

Mr. Lucas contends that he was
in Florida at the time working as a
roofer at an air base.

Mr. Granviel faced a June 4 exe-
cution for killing 2-year-old Natasha
McClendon on Oct. 7, 1974, in Fort
Worth.

Mr. Granviel has confessed to
killing seven people, including Na-
tasha, her mother, Martha, and
three of their relatives. All five
were stabbed to death with a
butcher’s knife at a Fort Worth
apartment. He was tried only for Na-
tasha’s murder.

He surrendered to police Feb. 8.
1975, after raping a woman, abduct-
ing another and holding several
hostages at a Fort Worth house. He
later admitted killing two friends.

Ait

Killer executed

after 20

on death row >

FW man confessed to 7 slayings

| By Jason Sickles
| Staff Writer of The Dallas Morning News

A former Fort Worth machinist

' and church deacon was executed by
‘ injection Tuesday night, more than

ee ee

20 years after confessing to fatally
stabbing five women and two chil-
dren because of what he described
as sexual urges.

Kenneth Granviel, 45, was pro-
nounced dead eight minutes after

the lethal drugs began flowing into -
his arms at the death chamber in.

Huntsville, Texas. He had no last
words and gasped three times be-
fore dying at 6:20 p.m.

Only two other men have been
on the 420-person death row longer
than Mr. Granviel. The Vietnam

veteran was executed for fatally

stabbing 2-year-old Natasha McClen-
don. He was also charged, but never

tried, with killing four of Natasha's
family members and two other
women.

“He was the most vicious killer I
ever faced,” said Tom Cave, a for-
mer state district judge in whose
court Mr. Granviel was tried in
1975. “His own mother testified
against him at the trial. ou

“I never forgot the case,” he said.
“The viciousness of it, and -the
senselessness of it... he pulled a
telephone cord out of the wall and
wrapped it around Natasha's neck
arid then repeatedly stabbed her.
That gets to you.”

When he surrendered to Fort
Worth police in February 1975, Mr.

Granviel told authorities that he .

killed the McClendon family, which
he was acquainted with, on Oct. 7,

Please see FW MAN on Page 24A.

Granvie

FW man

executed i in
Huntsville

‘Continued from Page 19A.

'1974, ‘and two other women just

-hours before turning himself. He

\later pleaded not guilty byn reason of .

insanity.

In a written confession to o police,
Mr. Granviel said, “While I was
driving around the block, I got this
urge to have sex.” -

He said he then went to the
McClendons’ apartment in the com-
plex where he had once lived.
There, according to the confession,
Mr. Granviel tied up Natasha, her
mothet; Martha McClendon, Laura
McClendon, Linda McClendon and

‘Mr.:Granviel told police that he
raped.Martha and Laura McClen-
don and repeatedly stabbed all of
his victims. The other victims, Vera

Hill and Betty Williams, were raped
and ‘Stabbed at Mr. Granviel's East
Fort “Worth apartment on Feb. 8,
1975, a few hours before the killer's

pastor’ ‘talked him into turning him-
self, in to police.:

Mr. Cave, now a Fort Worth de-

ffense attorney, remembers Mr.

Grapviel as a person with no con-

‘Science.

DALLAS MoRNING jews
WED. 2-28-96

/fems

Steven McClendon, who was also 2.
years old.

“His demeanor was pretty much
one of a sort of detachment and
cunning,” Mr. Cave said. “His atti-
‘tude was that this would not have
‘happened had the women given in
to his demands.”

| Attorneys for Mr. Granviel con-
‘tended the inmate should not be
executed because he was mentally
incompetent. They also argued the

| state improperly failed to provide a
defense psychiatrist at Mr. Gran-
: viel’s trial.

Before Tuesday’s execution, Mr.
| Granviel’s case had been to the U.S.
‘Supreme Court four times during
the long appeal process. There were
eight appeals over the years in the
‘state courts, according to the Tar-
irant County district attorney's of-
i fice.

Greg a 8 a Tarrant County as-
‘sistant district attorney who prose-
cuted. Mr. Granviel, said Tuesday
that despite the case’s more than
two-decade duration, he believes
that it’s another example of the
death penalty being a Geterrent to
murder,

“There’s no doubt - my mind,”
Mr. Pipes told The Associated Press

about, their own lives with that in
mind. We've had no repeat offend-
ers. That’s kind of base and over-
simplified; but it is the truth.”
' .~Mr,-Granviel was scheduled to
become the state’s first prisoner to
be executed by injection in Septem-
ber 1977. His execution date, howev-
er, was blocked as defense attor-
neys -
constitutionality of the then-new
‘execution method. Since then, 105
convicted killers have gone to the
Texas death chamber.
‘In 1981, Mr. Granviel's convic-
; tion was overturned by the Sth US.
Circuit Court of Appeals. He was
retried two years later, convicted
and again sentenced to death.

1 PSs, A 7 nmin

Tuesday. “People do make decisions -

challenged the.

Court stays execution
of man in toddler’s death

THE ASSOCIATED PRESS

AUSTIN — The Texas Court
of Criminal Appeals stayed the
execution of a Fort Worth man
convicted of murder in the 1974
death of a 2-year-old girl.

But the court rejected an ap-
peal for Henderson grandmother
Betty Beets, sentenced to death
in the slaying of her fifth hus-
band.

Kenneth Granviel’s execution
had been scheduled to occur by
sunrise Wednesday. The court
earlier affirmed his conviction.

In a July 2 order, details of
which were released Wednesday,

the court stayed his execution.

The judges said they would look
at Granviel’s argument that the

jury was not given adequate

guidance concerning its ability to
consider mitigating evidence.

Granviel, 39, was convicted in
the stabbing death of Natasha
McClendon.

According to trial teatiniony!
Granviel went to the home of
Laura McClendon, Natasha’s
aunt, because he “got the urge to
have sex.”

McClendon and her 3-year-old
son, Steven, were bound and’
gagged. So were McClendon’s:
sister, Martha; Natasha, Martha
McClendon’s daughter; and a.
cousin, Linda McClendon.

The women were raped, and

_ all five were stabbed. They all.

died.

Beets, 53, was convicted in the
1983 slaying of Jimmy Don
Beets, 46. His body was found
beneath a fake wishing well next
to her mobile home near Cedar
Creek Lake.

The body of Beets’ fourth hus-
band, Doyle Wayne Barker, also

_was unearthed on the property.~

Beets contends her son killed
her fifth husband during an argu.
ment. :

Bee
&
nt

|
|
|

i
'

today for fatally stabbing Natasha McClendon ‘nearly

TEXAS
PRESS CLIPPING BUREAU
DALLAS
Established 1910
SAN ANTONIO, TX
Light
Cir. D. 186,777

~ 4 JUN 4992
f16.
High co

HUNTSVILLE (AP) - The U.S. Su-
preme Court halted the scheduled exe-
cution of convicted killer Kenneth
Granviel late Wednesday, about six
hours before he was to have been giv-

of a 2-year-old Fort Wo girl.

‘ Attorneys for Granviel contended their client was

mentally incompetent and insane and should not be

executed for the slaying, one of seven people Granviel _
: has confessed to murdering. ;

Granviel, 41, had faced lethal injection before dawn

18 years ago.:

In the writ ruled on by the Supreme Court, Gran- ©
viel’s attorneys said the competency hearing to deter- -

mine whether he could stand trial was unfair. ;
The Supreme Court, which is considering the same

i issue in another case involving a California claim,
' agreed to hear Granviel’s appeal.

“That will be dealt with in the normal course of busi-

, ness,” court spokeswoman Toni House said.

nd all his claims have really highlighted that,” said -

No vote was noted in the court’s decision, although

| the lack of a dissent indicated the ruling was

unanimous.
“Granviel is a really seriously mentally ill person

Mandy Welch, one of his attorneys. “We’re glad that
the court has shown some concern for that.” ;

‘Lawyers also had filed a 45-page petition with a fed-
eral court in Fort Worth contending Granviel was in-
sane and led a “lifetime of trauma” due to paranoid
schizophrenia. They also argued jurors were not al-
lowed to consider Granviel’s mental problems before
they sentenced him to death.

Those claims remained unresolved before the dis-

of Fort Worth c :

en lethal injection for the 1974 Slaying '

. far the highest in the nation.

hild’s killer

. Kenneth Granviel isa really :
_ Seriously mentally ill person
and all his claims have really
Aighlighted that.
_ = MANDY WELCH, defense attorney

trict court. | sah on .

‘State attorneys had sent a psychiatrist to Granviel’s
prison cell Wednesday to examine him and believed
the former machinist: would not’ be disqualified from
execution. Prosecutors long have contended Granviel
was competent,

Granviel would have been the ninth convicted killer
executed in Texas this year and the 5Ist since the state
resumed capital punishment in 1982. The totals are by

The 2-year-old girl was one of five family members
killed Oct. 7, 1974, at a Fort Worth apartment. Each |

hollering and somebody was beating on the front
door.” He claimed uncontrollable sexual urges
prompted the rape-murder spree.

Granviel surrendered to police on Feb. 8, 1975, after
raping a woman and abducting another and holding
several people hostage at a Fort Worth house.

TEXAS

PRESS CLIPPING BUREAU

DALLAS
Established 1910

AUSTIN, TEXAS

Am-Statesman
Cir. D. 180,345

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Supreme Court

paar
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of killer Granviel

Associated Press

HUNTSVILLE — The US. Su.

preme Court halted the scheduled
execution of convicted killer Ken-
neth Granviel late Wednesday,
about six hours before he was to
have been given lethal injection for
the 1974 slaying of a 2-year-old
Fort Worth girl,

Attorneys for Granviel contend-
ed their client was mentally incom-

petent and insane and should not’

be executed for the slaying, one of
Seven people Granviel has con-
fessed to murdering.

Granviel, 41, had faced lethal in-
jection before dawn today for fa-
tally stabbing Natasha McClendon
nearly 18 years ago.

the writ ruled on by the Su-
Preme Court, Granviel’s attorneys
said the competency hearing to de-
termine whether he could stand
trial was unfair.
The Supreme Court, which is

other case involving a California
claim, to consider a request
to hear Granviel’s appeal.

“That will be dealt with in the
normal course of business,” court
spokeswoman Toni House said.

No vote was noted in the court’s
decision, although the lack of a dis-
sent indicated the ruling was
unanimous.

“Granviel is a really seriously .

mentally ill person, and all his
Claims have really highlighted
that,” said Mandy Welch, one of
his attorneys, “We're glad that the
rr has shown some concern for
at.” .
Lawyers also had filed a 45-page
petition with a ‘federal court in
Fort Worth contending Granviel
was insane and led a “lifetime of
trauma” due to ‘paranoid schizo-
phrenia. They .also_ argued jurors
were not allowed to consider Gran-
viel’s mental problems before they
sentenced him to death.
Those claims remained unre-
solved before the district court.
State attorneys had sent a psy-
chiatrist to Granviel’s prison cell
Wednesday to examine him and
believed the former machinist
would not be disqualified from exe-
cution. Prosecutors long have con-
tended Granviel wag competent.
fe sede would have been the
nin

the state resum
ment in 1982. The totals are by far
the highest in the nation.

Kenneth Granviel’s lawyers say he Is

mentally incompetent and should
not be executed for a 1974 killing.

Granviel said he killed the girl
‘because she started hollering and
somebody was beating on the front
door.” He claimed-uncontrollable
sexual urges prompted the rape-
murder spree.

Granviel surrendered to police
on Feb. 8, 1975, after raping a
woman and abducting another and
holding several People hostage at a
Fort Worth house. He later admit-
ted to killing two female friends
who had been raped and stabbed
with a knife. Granviel led police to
their ies.
Granviel originally was sched-
uled to become the state’s first
Prisoner to be executed by injec-
tion in September 1977. His execu-
tion date, however, was stayed as
defense attorneys challenged the
constitutionality of the then-new
execution method.

In 1981, hig conviction was over-
turned by the 5th US. Circuit
Court of Appeals in New Orleans.
He was retried two years later,
convicted and again sentenced to
death.

4
i
{
t

‘
1

TEXAS
PRESS CLIPPING BUREAU
DALLAS

Established 19 10

Houston, TX
Chronicle
(Cir. D. 470,414)

JUN 4 - 1982
US.

Supr eme Court blocks —
-exécution of 2-year-old’s killer

By KATHY FAIR
Houston Chronicle,

HUNTSVILLE -— The US. Su:

preme Court Wednesday blocked the
‘execution of a 41-year-old former.
| machinist, convicted of killing a 2-
_ year-old Forth Worth girl during a

' 1974 rape-murder spree.

|
|
|
{

The prisoner, Kenneth Granviel,

| was to have been executed just after

midnight for the murder of Natasha
McClendon, one of five people slain
on Oct. 7, 1974, and one.of seven
people Granviel admitted killing.

His execution was halted, pending -
the Supreme Court’s ruling in a
California case regarding the consti-
tutionality of placing burden of proof
on defendants who claim to have-
been insane at the time of the crime.
The burden of proof in other aspects
of criminal cases is on the state.

Granviel’s attorneys have argued
he was insane at the time of the
killing. ;

Wednesday’s stay marked the fifth
time Granviel has escaped the exe-
cutioner’s needle.

Only two other prisoners among
the 357 on Texas’ death row have
been in prison longer than Granviel.

Lawyers with the Texas Resource
Center, a federally funded organiza-
tion that helps. death row prisoners
challenge their convictions, also had
asked U.S. District Judge Eldon B.
Mahon of Fort Worth to halt the
execution and order an evidentiary
hearing to determine whether Gran-
viel was mentally competent to.be

executed. ie

The Supreme Court, however,
granted the stay before Mahon ruled.
Four years ago, after conducting a
hearing into Granviel’s competency,
Mahon rejected the prisoner’s
claims. —

‘man’s com

Kenneth: Granviel

“He is totally out of touch with
reality, and psychotic,” said Mandy
Welch of the Resource Center’s
Houston office.

“His competency has been an issue
all along. He was institutionalized
way before the crime and diagnosed
as schizophrenic. He doesn’t know
why he’s in prison, and he doesn’t
understand why he is going to be
executed.”

She added that prison psycholo-
gists have said that Granviel’s condi-
tion has deteriorated, even while
under medication.

But Greg Pipes, the Tarrant.

County assistant district attorney
who prosecuted Granviel, said the
tency to be executed
was settled in 1988, after Mahon
conducted a hearing on the matter
and ruled the prigotier competent to
be put to deat.

“I just don’t think a person ought to

.
mi .

_ Slaughter seven women and children

and then be released,” Pipes said.
“Any sentence other than.a death
sentence is guaranteed release from
a penitentiary in this day and age.”

_In his confession, Granviel said his
uncontrollable sexual urges led to
the grisly slaying of five members of
the McClendon family in October
1974. Granviel, who lived in the same

‘apartment complex as his victims,
went to the home of Laura McClen-

don, whom he had known-more than
three years. He bound and gagged
her and her son, Steven, 3, face down
onabed. |. ie

The woman’s sister, Martha
McClendon, entered the apartment

with her daughter, Natasha, and —

cousin, Linda, and Granviel bound
and gagged all three, according to

. court records.

After stabbing and raping the
women, Granviel stabbed the chil-
dren because they had been crying.
Natasha had been stabbed nine
times. All five died from their inju-
ries.

Pipes said Granviel moved to a
different apartment complex after
the McClendon murders and began
living with two women, Betty Wil-
liams and Vera Hill, his common-

law wife.

In February 1975, he raped and
murdered both women.

Then he headed to the home of a
former high school girlfriend, where
he raped the woman’s mother and
abducted and raped the woman be-
fore turning himself in to police.

Granviel was tried only in the
death of the 2-year-old girl. .

In 1981, the U.S. 5th Circuit Court
of Appeals overturned his conviction
because of an error in jury selection.

Two years later he was again
convicted and sentenced to death.

.
~ xo
e *

a OI

TEXAS
PRESS CLIPRING BUREAU
DALLAS
Established 1910
(Re

Houston, Tx
Post
(Cir. D. 376,883)

3.0 FUN S098

Supreme Court
rejects Texas
inmate’s appeal

ASSOCIATED PRESS

WASHINGTON — The USS.
Supreme Court on Monday
turned down an appeal by Texas
death row inmate Kenneth Gran-
viel, who murdered seven people
during a Fort Worth killing spree
18 years ago.

The justices, without comment,
let stand rulings that Granviel re-
ceived a fair trial and proper sen-
tence.

The high court earlier this
month ordered Granviel’s execu-
tion postponed until it had a
chance to consider one of his two
pending appeals.

It raised a challenge to his be-
ing forced to prove his incompe-
tence to stand trial even after
three court-appointed experts tes-
tified he was too mentally ill.
That was the appeal rejected
Monday.

The justices last week ruled in a

California case '
that defendants GRANVIEL:
may be forced Killed 7

to prove their

Incompetence.

Granviel’s other appeal, which
is still pending before the nation’s
highest court, raises the same is-
sue the justices agreed on June 8
to study in the case of death row
inmate Gary Graham — whether
a since-changed provision of Tex-
as’ death-penalty law unfairly lim-
ited how jurors consider mitigat-

“ing evidence.

A decision in Graham’s case is
expected sometime in 1993.

Granviel was convicted of kill-
ing 2-year-old Natasha McClen-
don, one of five family members
slain on Oct. 7, 1974. Two other
women were killed in a similar
fashion in Fort Worth four
months later. P /

ant

“We drank a little. But Otis wasn’t drunk. None of us
got drunk. He must have gone home with the woman.”
Kelley checked with the other members of the group.
They could add nothing to Trent’s story. They had arranged to
meet at the schoolhouse, as usual, and gathered there about 9
o'clock, They sat on the schoolhouse steps and sang awhile,
then moved to a fallen log some 30 yards away. By that time
they had consumed a pint of whisky. McKinley and Ballard
had gone for more liquor, and as they returned to the group
McKinley said some woman called Otis aside. That was the
last his friends saw of him.
“Any idea who the girl was?” Kelley asked McKinley.
“Not unless it was Eva Mullins, his girl friend.”
The girl was surprised when Kelley called on her. She had
not seen Otis Ballard in some time, she.said.
The sheriff thought little more of the matter until that after-
noon when he again had a call from the distracted parent.
“PH get Hatter and Trent and we'll go over to the school-
house and look around,” Kelley promised. The missing boy’s
father insisted on going along, and in a few minutes the four
' men set out.
“First, show me where you were singing,” Kelley requested
Trent.
: Trent led the sheriff to a fallen log down a hillside trail from
the schoolhouse. An empty liquor bottle nearby was the only

sign of the meeting.
& “Now, where did you last see Otis ?” the sheriff asked.
Trent indicated the trail leading to the schoolhouse. “He
and George went up that trail, past the school. After George
came back we waited awhile but Otis didn’t come, so we went
on home.”

Kelley walked up the trail, watching the ground
closely. As he approached the schoolhouse he noticed
two men coming to join the searching party.. The
news of Ballard’s disappearance had spread and Ben
Chapman, city marshal, with County Attorney Sam
Williams had come to offer assistance. The officers
held a brief conference, then spread out and began
a search through the wooded land. Suddenly Kelley
paused, his tall form rigid with shock.

“Come here, men!” he called.

He had reached a grassy spot to the left of the
trail. Here gruesome evidence of violence con-
fronted him. The grass was crushed down to the
length of a man, and a large pool of blood stained
the vegetation.

Kelley leaned down. Handfuls of brown hair, sticky
with blood, lay on the grass. The sheriff turned
around. At his elbow stood John Trent, his face
white and shaken.

“That looks like Otis’ hair,” he cried. “He's
been murdered.”

Investigators learned that the death plot
began to materialize as the youths gathered at
the log, left. The victim was last seen alive by
his friends as he walked down the path, below.

The group followed the trail, hoping
it would lead them to the body of Otis
Ballard. Stains on the grass pointed the
way. When they reached a barbed wire
fence they paused. Tufts of hair on the
cruel barbs and the dull-red stains on the
other side led them on.

The swampy pasture land was criss-
crossed with wire fences. They had
climbed through five of these fences when
Kelley saw where the trail would end.
In front of them was a road. He knew
what they would find when they crawled
through the last wire fence.

A brief search brought him the answer
he had expected. A car had pulled up
in the little-used road, then backed out
without turning around. Grimly the sher-
iff followed the car tracks east to where
the road turned south onto the Dainger-
field highway.

“There’s no use going any farther
now,” he said. “The attack took place
over near the schoolhouse. Then the
killer carried his victim through those
fences to the road. From that highway he
could have gone to any one of a dozen
places.”

The officers returned to town. Con-
vinced now that young Ballard had been
the victim of foul play, Kelley put all
regular work aside and concentrated on
the mystery. He talked again with the
missing man’s companions, but he ex-
pected to gain little from their story. The
attack had occurred far enough away
from the fallen log where they had sat,
that they could not have heard any com-
motion.

FOR the search of the missing man Kel-
ley found help ready and waiting. The
news had run through town like wildfire
and every man wanted to join the hunt.

The sheriff organized searching parties
and directed them through the woods.

“The person who hauled the victim
away had to dump the body somewhere,”
he explained. “We should be able to
find it sooner or later.”

The terrain was rough, thickly wooded.
Big Cypress creek wound in sluggish
circles through miles of uncultivated tim-
ber land. Swampy sloughs made wading
necessary. But determined men pushed
through the morass. The afternoon was
ending when Kelley and a few picked men
returned to the scene where evidence of
the attack had been found.

“We'll make another survey here.
Maybe we'll pick up something,” the
sheriff said hopefully.

They searched the bloodstained ground
carefully, without result. Then Tax Col-
lector H. L. Smith made an important
find. About 25 feet from the first pool of
blood that had been found, he tripped over
something heavy. It was concealed in
underbrush but a small red stain on the
autumn leaves directed his attention to it.

Carefully he lifted the object. It was
an iron bar. On one end of the 14-inch
piece of metal was a heavy cap. The
capped end was bloodstained. Brown
hair clung to the surface.

“That settles it,” Kelley said as he ex-
amined the weapon. “Otis was struck

with that iron bar. Not once, but several
times, judging from the amount of blood
that was spilled. When we find him he
will be dead.”

One question was uppermost in Kel-
ley’s mind—why would anyone want to

murder Ballard? Murder in that section
of the country was unusual. Solving this
coldblooded, brutal crime was not going
to be easy.

Robbery was out of the question. Bal-
lard was not wealthy. Jealousy was the
more probable motive, Kelley decided.
Otis Ballard was handsome and popular.

“I wonder if there’s something phony
about that story of the woman,” the sher-
iff mused. “Maybe some of his com-
panions did recognize her and didn’t like
his going with her.”

The group’s stories had checked to the
last detail. Surely the four men had not
ganged young Ballard, then invented the
story of the mysterious womian as an alibi.

If so, there was no use questioning
them again. They would stick to the
story until there was evidence to prove
it false.

Torches burned late in the pine woods
as the search went on, but nothing fur-
ther of value was found. Morning came,
and the hunt was renewed. Meanwhile,
State Ranger J. H. Leach had joined the
investigation. With the sheriff as his
guide, he went over the scene.

“I want to study those car tracks
again,” Kelley said. “We haven't any-
thing else to go on. That iron bar is
the murder weapon but it’s too rough for
fingerprints. Besides, you could pick up
a dozen like it around any junk pile. But
the car tracks may tell a story.”

They measured the tire tread, and
Leach drew a careful diagram of the
pattern. ‘From here,” he said, “we'd
better backtrack. If possible we want to

Paul Keith, circle, gave
officers information
which aided them in
solving the mysterious
attack upon the young
Texan. The death se
weapon, found hidden ™y
in the brush, is shown
in picture at right.

find the owner of that car and check it.”

“That should be easy,” Kelley said
quickly. “This road is seldom traveled.
Somebody should have seen a car driving
in here at night.”

Someone did remember the car. A
woman told the sheriff that she had been
sitting on her back porch when the group
of singers walked by. “A car came by
not long after that,” she said. “T couldn't
tell what kind of car it was, but it sounded
like a small one.”

“Did you hear the car come back out
of the lane?” Kelley asked.

“TI heard a car much later, about mid-
night. It was making a lot of noise.”

“That’s because it was backing out,”
Kelley reasoned. ‘They drove in there
early and waited. Later, Otis was killed
and loaded in that waiting car. The
driver wasn’t taking any chance on get-
ting stuck in that narrow lane by turning
around. He simply backed down the
hill to where he could turn easily.”

PROM NG deeper, the officers learned
another strange fact. A man, who lived
two miles sotath of town, reported an un-
usual call at his home during the night.
His house stood back some 70 yards from
the highway and he heard a car stop
down near his gate about midnight.

“A man-came up to within twenty-five
feet of the house,” he said, “and called me.
Said he was traveling through and had
run out of gas. He wanted to borrow
some.”

“Did you go out and talk to him?”
Kelley asked.

“No, I didn’t have any gas to spare,
and I'd gone to bed. I couldn’t see him
and didn’t recognize his voice, but you
know yourself, Sheriff, that travelers
don’t ever pass through here. I believe
it was the killer.”

Kelley believed this too, but it was of
little help. How far had the man gone?

GRAY, George Clem,white, elec. Tex. (Titus) August

. wo etebiiatcei
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By WADE HITSON

R. W. T. BALLARD groped his
way through the pre-dawn dark-
ness toward his son’s room. There

he paused, a troubled frown creasing his
forehead. He had remembered, on
_awakening, that he had not heard his son,
Otis, come in during the night.

He opened the bedroom door and
peered in. Otis was not in his room. The
bed had not been slept in.

It was Monday morning, Sept. 24,
1923. He went thoughtfully to the tele-
phone. His 21-year-old son had gone out
the evening before with a group of
friends. But it was not like him to re-
main out all night.

The doctor turned the crank of the
wall telephone and waited impatiently
for the voice at the other end. “Is that
you, John?” he asked sharply. “Say,
where’s Otis ?”

“T don’t know,” John Trent replied.
“We left him up at the schoolhouse about
eleven o’clock.”

“Was anyone with him?”

“T didn’t see anyone. We were sitting
on a log down by the creek, but George
McKinley said Otis was talking to a
woman and said for us to go on home,
that he’d be along later.”

Ordinarily the doctor would not have
been worried. Mt. Pleasant, a small town
in Titus county, Tex., boasted no recrea-
tion halls, theaters or places of amuse-
ment. It had become the custom for
young men seeking diversion to gather
in groups to sing. “Hillbilly” singing was
a traditional form of entertainment in
the piney woods of East Texas. There

much to drink,” he said quietly. “I

wt @¢
ie

An evening spent by a group of young
men singing on the steps, arrow, of the
local schoolhouse ended in a brutal
murder. The body of the victim
(sketch at right) eventually was found
in the creek, opposite page, and started
Texas officers on a long manhunt.

being no regular meeting place, the
young folks had chosen the school-
house as a favorite rendezvous. There,
with an occasional bottle of liquor,
they would have a few drinks and
“harmonize” to their hearts’ content,
without the restraint of parental objec-
tions.

But this was different. Otis had taken
up with bad companions recently, to the
extent that he was awaiting trial for
bank robbery with a man named Clem
Gray. His father had forbidden him to
leave home now for the past few weeks
—until that night. Why would Otis be
meeting a woman, his father wondered,
and why had he not come home?

The more he thought about it, the more
alarmed he became. By 10 o’clock he de-
cided to go to the sheriff of Titus
county with his fears.

Sheriff W. L. Kelley listened pa-
tiently. “Otis probably just had too

wouldn’t worry. He’ll show up.”

But the boy’s father was insistent,
and Kelley promised to investigate.
When the troubled man left, the sheriff
called John Trent. Trent repeated his
story.

“Who was in the party with Otis?”
Kelley asked.

“Hyde Hatter, Paul Keith, George
McKinley and myself,” Trent explained.

“Did you fellows have any liquor ?”

This surly killer finally was trapped when
investigators broke his “perfect” alibi.

Court rejects death-sentence appeal

HUNTSVILLE, Texas (AP)
-The U.S. Supreme Court :re-
jected a last-day appeal Monday
for a former construction worker
who faced death early today for
the 1976 slaying of a prppeton
officer.

G.W. Green, 54, was scheduled
for lethal injection for the shoot-
ing death of John Denson during
a robbery at Denson’s home.

After federal appeals courts
ind state courts rejected Green’s
‘equests for a stay, he appealed

Ap VeRTISER

Medigeug
[l-(2- 19

(ID- "12>

)

to the Supreme. Court on Mon-
day. But the high court also re-
fused to block his execution. _

The Monday. afternoon vote
was 7-2, with Justices Harry
Blackmon and John Paul Ste-
vens dissenting. .

Attorneys for Green contended
his trial jury wasn’t able to con-
sider all the evidence in the case
and was not allowed to consider
the fact he was not the trigger-
man in the Denson killing. They
also argued his legal help at trial
was ineffective.

vpacvau ty UIT SOvws.e.. ~~. avenagenn unris SAG VLALcl.

EXECUTION: The US. Supreme Court rejected the last ap-
peal of G.W. Green, 54, who was to receive a lethal injection
in Texas early today for his part in a 1976 house robbery in
which the owner was shot to death. The triggerman, Joseph
Starvaggi, was executed in 1987. Prison officials refused to
let the victim’s daughter, Susan Denson, now 27, attend
Green’s execution. “I want my face to be the last one he
sees before he goes to hell,” she said.

The triggerman, Joseph Star-
vaggi, was executed Sept. 10,

_ 1987. A third man involved in

the case, Glen Earl Martin, re-
ceived a life prison term and re-
mains behind bars.

Green would be the fifth Texas
inmate put to death this year and

the 42nd since the state resumed |

carrying out capital punishment
in 1982, the highest total in the
nation. Including Green, there
were 349 inmates on the Texas
death row, the nation’s largest.

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vault. At 1 o’clock in the morning, the
watchman gave the alarm and armed citi-
zens routed the would-be bandits.
Sheriff J. W. Bryce was summoned
from the county seat of Gilmer and, with
a posse, pursued the fleeing robbers.
When the chase grew too hot, the ban-
dits jumped from their car and took

cover in the woods. Sheriff Bryce iden- ~

tified the abandoned Cadillac car used in
the escape as the property*of Clem Gray.

Near where the car was found, the
sheriff found a blow torch, an oxygen
tank and a shotgun. Fast work by Sheriff
Bryce and officers of two other counties
culmjnated the hunt in the arrest of Gray
and his youthful companion, Otis Ballard.
Ballard readily made a statement, indi-
cating he was under the influence of the
older man.

“IT can’t see what that case has to do
with Otis’ disappearance,” Kelley told
Leach... “If Ballard had simply disap-
peared, I’d say maybe Gray helped him
get out of the country. But we know he
was brutally attacked, and evidently mur-
dered.”

“I think we’d better check on the girl

angle,” Leach said.. “Ballard knew the
woman who called to him, or he wouldn’t
have told the. others to go on without
him.”
“Yes,” Kelley agreed. “The Mullins
girl might have slipped out to meet: Otis
and, unknown to her, her brother fol-
lowed. That’s the most reasonable con-
clusion.”

Eva Mullins still insisted she had not
seen Otis Ballard in some time. “My
brother didn’t have anything against

him,” she maintained. “He just didn’t
want me to have anything to do with him
until after his trial for the bank robbery.”

The brother said the same thing. He
offered an alibi for the fatal night. “I
was playing dominoes with some fel-
lows,” he said. “They'll tell you I wasn’t
anywhere near the schoolhouse.”

As they left the Mullins home Kelley
paused and examined the family automo-
bile. The tire treads bore no resemblance
to the ones at the murder scene, nor did
the car show any signs of violence.

“Looks like this lead’s a frost,” he said
wearily. “We'll go talk to Gray, but I
know that his Cadillac car didn’t make
those tracks in the lane.”

They found Gray at home in bed. “I’ve
been sick for a week,” he explained.

“We want to talk to you about Ballard’s
disappearance,” Kelley said.

Gray assured them he knew nothing.
It was true, he admitted, that he -had
tried to get Ballard to leave the country.
“His trial is coming up next month,” he
explained, “‘so is mine. I thought it would
be better for both of us to get away until
things cooled down over in Rosewood.”

“Even if you had to jump bond to do
it?” Kelley snapped.

_ “Well, jumping bond isn’t exactly a
crime,” Gray smiled. “But I wasn’t wor-

ried exactly. After all, I’ve been tried |

once. They can’t get any new evidence,
but my attorneys got a new hearing.”
Kelley switched the questioning. “Can
you prove you were home on the night
Otis disappeared ?”
“Yes, several people came to see me.
They’ll bear me out.”

Sheriff W. L. Kelley
of Titus county, Tex.
(left), had charge of the
murder investigation.
George McKinley (in-
set, below) was one of
several suspects ques-
tioned by officers.

The officers found several witnesses to
corroborate Gray’s story of his illness.

“Looks like our investigation is com-
pletely bogged down,” Kelley said weari-
ly. “If we could only find Otis, or the
body, we might get something that would
throw some light on the case.”

Following his thought, Kelley called
on the mayor that night for a confer-
ence. The next day, the fourth day of the
mystery, the mayor issued a proclama-
tion—all business houses were to close,
and remain closed until Otis Ballard was
found.

.Mt. Pleasant was a ghost town that
day. Business was at a standstill while
everyone searched the creek bottoms for
a trace of the victim.

It was late afternoon when three men. -
parked their car near the bridge on
Cypress creek and started for the stream
bank. The ground had been gone over
many times, but they had orders to search
the area again. As they moved along
they scanned the terrain keenly. Sud-
denly one man paused, his spine tingling
with horror.

“Look, men!” he called. “What’s that
in the creek?”

H IS two companions rushed to his side..

In the murky depths of Big Cypress
creek they saw a strange sight—the white
flesh of a human body, partly submerged.
Too stunned for a moment to realize the
long search was at an end, they could
only stare. Then one man came to life.
“Stay here on guard,” ‘he said tensely.
“T’ll go call the sheriff.”

A half-hour later, a crowd milled on
the slippery creek bank. A detail of men
went into the water and soon emerged
with the pitiful remains of Otis Ballard.

The body was nude, a heavy grain sack
was wrapped about the head. All eyes
were wide with horror at the body’s con-
dition. Two heavy iron brake shoes from.
a railroad freight car had been wired to
the body with strong, barbed wire. It

was all that two men could do to lift the

weighted corpse and carry it to shore.

The crowd stepped back as the coroner
took charge. Using pliers, he cut the wire
loose, then unwrapped the sack from. the
head. Sheriff Kelley looked grimly at
several ugly gashes across the back of
the victim’s skull.

As soon as an inquest could be held,
and the body was removed to undertak-
ing parlors, Sheriff Kelley dismissed the
crowd and went to work. Not far from
the spot where the body was found was
an old bridge and a dim road that led
toward the highway. Kelley marched
straight to the road. The searchers had
obliterated most of the signs: but the
sheriff hunted until he found what he
wanted most to see—a tire mark identical
with the one found near the schoolhouse.

He found nothing else, however, that
would aid his quest. “It’s just a ques-
tion now of tracing that automobile,” he
told Leach grimly.

It was a long and fruitless search. Cars
owned or used by every man of Ballard’s
acquaintance were carefully checked. But

[Continued on page 61]

If he was not a stranger in the com-
munity, why would he take a chance on
being seen?

“There’s one thing sure,’ Ranger
Leach said. ‘Whoever killed Ballard
knew the boy was going over to the
schoolhouse.”

Kelley agreed, but that brought up an-
other question. Ballard had not planned
the singing meeting ; Keith had arranged
that. Had the woman been watching, or
did Keith know more than he was willing
to tell?

‘“Let’s talk to friends and acquaintances
of Ballard,” Kelley suggested. “There
may be something in his background that
will give us a lead.”

Adroit questioning revealed that while
Otis Ballard had been wild he had been
well liked in the community. Then the
officers found a man who had been very
close to the murdered youth.

This man went over the list of Bal-
lard’s associates with the officers. None
of them seemed suspicious.

“There’s one thing,” the informant said
finally, “that I recall. Clem Gray had
been trying to get Otis out of the country
until the trials come up on that bank rob-
bery at Rosewood.”

“What reason did Gray give for his
suggestion ?” Kelley asked.

“He said feeling was pretty high over
that affair. He thought somebody might
start something, or say the wrong thing,
and Otis would get in worse trouble.”

Kelley frowned. “That’s an angle. But
it doesn’t seem to fit in with this. Otis
wasn’t in Upshur county when he disap-
peared. He wasn’t more thana mile from
home. It looks like a personal quarrel.”

“What woman has Otis been interested
in?” Leach asked abruptly.

“None that I know of. He went with
the Mullins girl some, but her brother
stopped that when Otis got in trouble.”

“What kind of a fellow is the brother ?”

“He’s just an ordinary farm boy. Why,
you don’t think—”

“We have to think of everything right
now,’ Leach said tersely.

HANKING their informant, the offi-

cers went over the new angles. The
idea that Eva Mullins’ brother had broken
up her love affair was highly incriminat-
ing. If Ballard disappeared after talking
with a woman, it was probable that that
woman was his sweetheart, Eva Mullins.
On the other hand, there was something
odd about Gray’s interest in getting Bal-
lard out of the country.

Clem Gray was well known to the
sheriff. He had once been wealthy, but
his fortune had disappeared almost over-
night. No one knew how or why. Gray
also had served as a deputy sheriff under
several administrations, and had been a
deputy federal marshal. Lately, however,
Gray had gone rapidly downhill. Only
a few months previous he had been in-
dicted for bank robbery.

It had been on a Sunday morning,
April 25, that the night watchman in
Rosewood, Upshur county, Tex., discov-
ered burglars had entered the First State
bank and were attempting to open the

The dotted line indi-
cates the route taken
by the killer as he
dragged the victim’s
body from the woods
to the highway at
right. Tire tracks found
in the highway were
important clues.

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Corpse in the Creek

[Continued from page 45]

the tell-tale tire tread could not be found.

Kelley then decided to drive to Gilmer
and check with Sheriff Bryce there on the
bank robbery case in the hope of unearth-
ing a lead. If anyone in Rosewood held
resentment and had decided to wreak
their own vengeance on the bank robbery
suspects, Sheriff Bryce might know who
to check on.

When Kelley talked with the Upshur
county sheriff, however, he learned some
strange new facts. “If anybody had it in
for Otis over that trial, it was Gray him-
self,” Bryce said.

“What do you mean by that?”

“The evidence indicated that Ballard
was just a dupe of Gray’s,” Bryce said.
“Gray engineered the bank robbery and
talked the kid into it. The court used Bal-
lard's statement against Gray in the first
trial. Gray’s attorneys won a new hearing
for him, and it’s about ready to come up
again. Ballard would have been called on
to testify against him.”

Kelley returned home feeling that he
was near-a solution of the baffling mys-
tery, but there were several things that
still didn't add up. Gray had been home
in bed on the night of the crime. If Bal-
lard’s murder was his doing, where did
he get a man to do the dirty work? And
where did the woman fit into the picture?

Kelley went first to visit one of Gray’s
friends. “You told me that Clem was
home in bed on the murder night,” he
said. ‘Now I want you to tell me all about
your visit to him. Who else was there,
and why were you there?”

The man talked readily. “Clem called
me and asked me to come over that night.
Said he had some business to talk over. I
got out there about eight-thirty. Clem’s
sister-in-law and Burl Kemp were in the
room with him. Clem kept telling Burl
not to leave, but he never did state his
business with me, so finally I left.”

Kelley believed firmly that he was on

the right track. But how had Gray known
that Ballard would be over by the school-
house on the fatal night? There was only
one answer: Someone had enticed him
there on purpose, someone whom Gray
trusted. This thought prompted Kelley’s
next question to his informant. “Did you
see anybody else near Gray’s home that
night?”

“No, not in the house. But just as I
was leaving I saw George McKinley walk
across the lawn toward the house. When
I turned on my car lights he was right in
front of me. I spoke to him but he didn’t
answer.

Kelley knew several things now. Mc-
Kinley had lied when he said he had not
seen Gray that night, and claimed that he
was with Ballard until the woman called
him aside. Suddenly, a clear picture of
the crime came to the sheriff. There had
been no woman. McKinley had made up
that story to satisfy the questions of his
companions when Ballard failed to rejoin
the group. While pretending to go for
whisky, he had somehow managed to slip
over to Gray’s house and inform him that
Ballard was waiting.

One other thing the sheriff had not for-
gotten—the mysterious car tracks. Here,
he decided suddenly, was where Gray’s
sister-in-law came in. Gray knew better
than to use his own Cadillac, which would
be recognized easily, so he had borrowed
his sister-in-law’s Ford. Kelley drove im-
mediately to the woman’s house, and

found his deductions were correct. The
tires of her car matched those at the
murder scene, and when questioned, the
startled woman said she had loaned the
car to Clem.

Kelley drove straight to Gray’s home
and confronted him with the evidence.
Gray was calm. “If you're sure that’s the
right car, then Burl Kemp must have
killed Otis,” he said. “I let him use the
car that night.” ,

Kemp was arrested. When Kelley told
him the charge, he flew into a rage. “He's
not going to lay that on me,” he roared.
“I’ve worked for Gray all my life, but I
won't burn for his killings. He did it,
and he made me help him.”

In a story that shocked even the case-
hardened sheriff, Kemp told of the cold-
blooded crime.

Gray had ordered him on Sunday
morning to gather together some heavy
irons and place them in the car. “I told
him he must be going to weigh something
down, and Gray answered that he was

CHILD KILLER CONVICTED

“Tomas CONBOY has been
convicted of frst degree mur-
der for the strangulation and cre-
mation ‘of Genevieve Connolly,
10-year-old daughter of friends of
long standing. The jury returned
the death verdict in two hours.

Conroy, 38, was charged with
killing the girl when she resisted
his advances and threatened to in-
form her parents (February, 1941,
STARTLING DETECTIVE
ADVENTURES). He was accused
of stuffing her body in the basement
furnace of the Bronx, N. Y., apart-
ment house where he was employed
as superintendent, after he first had
strangled her.

Judge James M. Barret sentenced
Conroy to be electrocuted. The
child-killer was immediately taken
to the Sing Sing death-house. The
case will be subjected to an auto-
matic review by the New York
Court of Appeals.

going to stop some of these rats from
squealing on him,” the prisoner said.

Kemp, obeying orders, placed the iron
brake shoes and the heavy bar in the
garage, transferring them later to Gray’s
borrowed car. Meanwhile, Gray had of-
fered Paul Keith and McKinley $100
each if they would entice Ballard “some-
where where I can talk to him.”

Kemp told of waiting on the fatal

evening until Gray’s visitor left the house. -

McKinley came and waited outside until
the visitor left, then told Gray everything
was ready. “Gray drove the car down the
road, and told me to wait about fifteen
minutes and come on over to the school-
house,” Kemp said. “He and George Mc-
Kinley went away together and took that
iron bar.”

When the allotted time was up, Kemp
went to the place indicated, and Gray or-
dered him to pick up the body of young
Ballard and carry it to the car. McKinley

went back to the other men, and Gray
and Kemp drove to Cypress creek, tied
up the body and threw it in the water.

Later, Kemp said, they drove past an
isolated house, and Gray ordered him to
go and ask for gasoline. When he came
back empty-handed, Gray drained gas
from the car, washed away the blood-
stains from the car’s upholstery, then
drove home.

“Gray gave me some clothes and told
me to put them on,” Kemp continued.
“Then he gave me a fruit jar full of gas-
oline, and told me to be plenty sure I
burned all the clothes. I took them over
by the railroad track, soaked them with
gasoline and set them on fire.”’

Kelley and Leach went to the spot
where the garments had been burned, and
found the charred remains. In a ditch
nearby, they picked up an empty fruit jar,
smelling strongly of gasoline. They next
searched Kemp’s room, and found more
evidence that his story was true. Stuffed
down in a trunk was a pair of trousers.
Inside the waist band were Gray’s -in-
itials, “G. C. G.”

Keith, McKinley and Gray were ar-
rested. Keith readily admitted his part
in the crime, but protested that he had
no idea the plot would lead to murder.
He told of drinking liquor with the vic-
tim for three nights in succession, liquor
that was furnished by Gray. When at
last they drew Ballard into the vicinity
of Gray's home, they planned carefully.
When the liquor had been consumed,
McKinley asked, “Who'll go with me to
get more whisky?” Ballard offered to go.

McKinley’s confession took up the
story from there. “We walked part way
to Gray's home,” he said. “I told Otis
to wait, because the man who was sell-
ing me the whisky might not like it if he
went with me. I went on up to Gray's
house, but a visitor was there, so I had
to wait awhile until he left. Then I went
in and told Clem that Otis was waiting.”

Here the stories differed. When Gray
finally confessed, he claimed that Kemp
and McKinley had helped to slug the
victim. They both swore that Gray killed
Ballard alone.

Judge R. T. Wilkerson heard the trials
of the four men, in the 76th District court
of Titus county. Keith drew the lightest
sentence, and was sent to Huntsville
prison for six years, on Feb. 12, 1924. Mc-
Kinley received a_ten-year sentence on
Oct. 18, 1923. mar, Kee. who helped
prepare the’ murder Mac linery and dis-
posed of the victim’s body, was sentenced
to30 years_in Huntsville, on Oct. 23, 1923.

Clem Gray, as the instigator of the
plot and the real murderer, was, on Oct.
19, 1923, sentenced to die in the electric
chair. An appeal to the higher court de-
layed the sentence. Meanwhile, on Oct
3, 1923, Gray had been_tried in Upshur
county for the offense of burglary on the
First State bank of Rosewood. In this
trial he was found guilty and sentenced
to lZ.years in the penitentiary. But Gray
never served that sentence. The death
sentence for/the murder of Otis Ballard
was upheld /by the court of appeals on

Feb. 25, 1925, and on Aug. 7, 1925, Clem

Gray was fe ti in the state's electric
chair at Huftsville.

(To protect the identities of innocent persons the
names Eva Mullins, John Trent and Hyde Hatter
as used in this story are not real but fictitious.
—-Ed.)

Probation officer’s killer

Associated Press

‘ HUNTSVILLE, Texas — The U.S.
Supreme Court rejected an appeal
Monday for a former construction
worker who faced death early Tues-
day for killing a Montgomery
County probation officer in 1976.

G.W. Green, 54, was to receive a
lethal injection just after midnight
for shooting John Denson during a
robbery at Mr. Denson’s home.

Mr. Green is among the longest-
serving of the 349 inmates on Texas’
death row, the nation’s largest.

After federal appeals courts and
state courts rejected Mr. Green’s re-
quests for a stay, he appealed to the
Supreme Court on Monday. But the
Supreme Court also refused to block
his execution. '

The vote Monday afternoon was
7-2, with Justices Harry Blackmun
and John Paul Stevens dissenting.

“We all are born, we all live

-awhile and we all die,” Mr. Green,
who refused to speak with reporters.
in recent weeks, said in an earlier

interview. “I never thought I was:

going to live forever. I have no apo-
logies, no mercy to ask. oe

“When it comes time to go to the
table, I’m going to roll up my sleeve
and say, ‘Get it right.’ If they keep
me here till I’m 70 and then snuff
me, I’m going to be the oldest
hippie. ... I’ll never tell someone
I’m sorry for something I didn’t
commit.”

‘Attorneys. for Mr. Green con-
tended that the jury at his trial
wasn’t able to consider all the evi-
dence in the case and wasn’t al-
lowed to consider that he was not
the triggerman in the Denson kill-
ing. They also argued that his legal
help at trial was ineffective.

The triggerman, Joseph Star-

loses bid for execution stay

Magnolia, about 50 miles northwest |

G.W. Green ... maintained
his innocence..

Glen Earl Martin, received a life
prison term and remains jailed.

. Testimony showed that the three
broke into the Denson home near

of Houston, to steal a $6,000 gun col- |
lection. Mr. Denson, a part-time pro-
pation officer and sheriff's reserve
deputy, answered a knock at his
door and was confronted by a gun-
man and the others.

He was shot while his wife and
12-year-old daughter listened horri-

fied, hiding under a blanket.

Mr. Denson’s wife, Grace, identi-|
fied Mr. Green in a lineup by his)
voice. She said Mr. Green had
screamed at Mr. Starvaggi to kill
them as well, but Mr. Starvaggi’
refused.

Mr. Green would be the fifth.
Texas inmate executed this year’
and the 42nd since: the state re-
sumed capital punishment in 1982.)

GRetn
WAS

SyECuTED

vaggi, was executed Sept. 10, 1987. A _ The total is the highest in the na-
third man involved in the case, tion.

Daas MeRNnIne wEws
TUNES, NOV. 2, 1991

Bee

| 1988 AP photo
Texas killer executed

G.W. Green, 54, Is the fifth Texas inmate put
to death this year. “‘Let’s do it, man,’’ Green told
prison officials yesterday before getting a lethal
injection. The self-described “strange old dude’

was on death row for the 1976 shooting death of
a probation officer during a burglary.

New Nore Times

ONAL WeEDNEsDay, NOVEMBER 13, 1991

HUNTSVILLE, Tex., Nov. 12 (AP) —
One of three gunmen who broke into a
house 15 years ago, terrorized a family
and then killed the father was executed:
by injection at the state prison here
early today.

The 54-year-old prisoner, G. W.
Green, was put to death seven hours.
after the United States Supreme Court
refused, on a vote of 7 to 2, to grant him
a stay based on his argument of inef-
|fective assistance of counsel.

Green, strapped to a gurney in the.
death chamber, greeted his brother, a
sister and a friend who had arrived to
witness the execution, expressed his
love and then told the warden, Jack
Pursley: “Lock and load. Let’s do it,.
4 man.”’

he used an obscenity to describe life,
gasped once and made no further

12:17 A.M., seven minutes after the
drugs began flowing.

| Mr. Green’s brother, Bobby, growled
at state officials as he left the death
.| Chamber, ‘‘Hope you all are happy.”

Expressing No Remorse

Mr. Green had refused recent re-
quests for interviews. In earlier con-
versations, however, he had expressed
no remorse. “I have no apologies, no

15 Years After Crime, Texas Inmate Is Executed

it was not Mr. Green who fatally shot
John Denson, a 43-year-old part-time
probation officer. But Texas law pro-
vides that any participant in a crime
that proves fatal to the victim may be
put to death. :

Mr. Green and two accomplices in-
vaded Mr. Denson’s house in 1976 to
Steal a $6,000 gun collection. They
forced Mr. Denson’s wife and 12-year-
old daughter to lie under a blanket
while Mr. Denson begged for his life
and then was shot by another of the
‘gunmen, Joseph Starvaggi.

' Mr. Denson’s wife, Grace, said later
that Mr. Green had screamed at Mr.
Starvaggi to kill her and her daughter

but that Mr. Starvaggi had refused. |

Mr. Starvaggi was executed on Septi
10, 1987. The third gunman, Glen Earl
Martin, is serving a life prison term. '

~ A Daughter’s Bitterness

In an interview today, Mr. Denson’s
daughter, Susan, now 27, expressed bit-
terness about the length of the appeals
process. . nis

“That night, in 15-minutes, my father
lost his life,’ she said. ‘‘Here-it is now,
almost 15 years later. There’s definite-
ly a problem with that. I have respect
for the justice system, but there are
problems that haven’t been dealt with
correctly. There’s nothing to put the
fear of God in anybody.”

As lethal drugs flowed into his arms, |

movement. He was pronounced dead at |

mercy to ask,” he said. ‘‘I’ll never tell
someone I’m sorry for something I}
didn’t commit.” |
_ That was a reference to the fact that’

‘Strange old dude’ dies
for role in Texas killing

Probation officer was slain by trio during 1976 robbery

‘The Associated Press

HUNTSVILLE, Texas — A self-
described “strange old dude” told
prison officials, ““Let’s do it, man,’

= before being executed early Tuesday.

for the 1976 shooting death of a
probation officer during a burglary.

G.W. Green, 54, was put to death
by injection seven hours after the U.S.
Supreme Court refused by a vote of
7-2 to grant him a stay.

Green, strapped to the death-cham-
ber gurney, greeted his brother, a
sister and a friend, expressed his love,
then told Warden Jack Pursley, “Lock
and load. Let’s do it, man.”

As the drugs flowed into his arms,
he used a vulgarity to describe life,

gasped once and made no further -

movement. He was pronounced dead
at 12:17 a.m., seven minutes after the
drugs began flowing.

Green’s brother, Bobby, growled at
state officials as he left the death
chamber, “Hope you all are happy.”

Prison officials later released a note

ruw~ “ w'ii@.

Wednesday, November 13, 1991

G.W. Green /
After being
strapped to the
death-chamber
gurney and
greeting
relatives, he said,
“Lock and load.
Let’s do it, man.”

in which Green thanked his family
and friends for love and friendship.

“To the rest of society, you never
warranted my respect,” he wrote.
“You earned my contempt.”

Green had refused recent requests
for interviews. But in earlier conversa-
tions, he had expressed no remorse.

“IT have no apologies, no mercy to
ask,” he said. “I’ll never tel] someone
I’m sorry for something I didn’t
commit.” ‘

He added, “‘I’d like to believe in
heaven,” but when asked whether he

ss '@ ,

The Arizona Republic A111

expected to go there, he replied, “Not

a chance.”

Green was sentenced’ to die for

_ killing John Denson during a robbery.

Green was one of three men who
invaded Denson’s rural home in
Montgomery County, about 50 miles
northwest of Houston, to steal Den-
son’s $6,000 gun collection.

They forced Denson’s wife and
12-year-old daughter to lie under a
blanket while Denson begged for his
life before Joseph Starvaggi shot him.

Denson’s wife, Grace, said that
Green had screamed at Starvaggi to
kill her and her daughter but, that
Starvaggi refused, saying he killed
only “‘dopers and pigs.”

Starvaggi was executed Sept. 10,
1987. The third man, Glen Earl
Martin, is serving a life term.

Denson’s daughter, Susan, asked to
be allowed to watch Green die so her
face would be the last he saw “before
he goes to hell.” As is customary,
prison officials denied her request.

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” Houston Chronicle

mate faces execution
ficer’s slaying |

High court refuses to grant stay, review of case 7

By KATHY FAIR
Houston Chronicle

Tuesday, Nov. 12, 1991

“rt

SE a

Teta

.- inmate G.W. Green.

+ HUNTSVILLE — A death row pris-

oner who allegedly once likened him-
self to Charles Manson was awaitin
_-€xecution Monday night for the 1976

robbery and murder of a Montgomery
County probation officer. er
_ The U.S: Supreme Court earlier in the

grant a stay and review the case of

G.W.. Green, 54, a form
nani er cement

Green was condemned for the mur-

Case of condemned

ek be ; ae re cleared the way for the execu- *
':/\-The Supreme Court. | 02 to be carried out when it refused to ~ his lif
«refused to review the ot heuld be spared because jurors

~ had

der of John Denson, 43, in D 's
43; enson’s.

‘eae vO and three accomplices

“ad gone there to steal Denson’

gun collection. a

Green’s only remaining hope was a

reprieve from Gov. Ann Richards, but

Pay evening he had not requested

Lawyers for Green had argued that

had not been able to consider the fact
that Green was not the triggerman and

not been able to properly consider
Such mitigating evidence as his good

. f work record. ° ;
‘~- “The only reason he wasn’t the actual:

; killer:is that the gun he brought didn’t
«.,work,” said Montgomery County Dis-
xtrict Attorney Peter Speers. “He cer-
. tainly tried to fire it.”

« The triggerman was Joseph ‘Star-
; vaggi, who was executed in 1987. A
: third ‘accomplice, Glen Earl Martin,
‘received a life sentence and remains in
prison. A fourth suspect in the killing
¢. was. never: tried, Speers said, because

“the others would not testify against him:

‘and authorities had no evidence to link

him to the crime.

Stairs to try to protect her 12-year-old
daughter, Susan,- when the intruders
forced their way into the house. Star-
vaggi followed Mrs. Denson upstairs,
draped her and the girl in a blanket and
took them downstairs and bound them,
where they listened as Denson begged
for his life.

Mrs. Denson identified Green at the
trial through his voice. Trial testimony
indicated Green had urged Starvaggi to
also kill the wife and daughter, but he

Vous

refused, saying, “I shoot dopers and’ a7 |

pigs, but I don’t do straights.” : !
Susan Denson, who said she would ° ,

have liked to witness Green’s death, '

said others had told her Green liked 'to .. ‘»

compare himself to Manson, the Cali- ’ «

fornia mass murderer convicted of the ' <i

1969 murders of pregnant actress -*-

Sharon Tate and six other people in Los * :”

Angeles. ae
Green would be the fifth Texas in-‘'>

mate executed this year and the 42nd‘

since capital punishment was resumed * -

in 1982. Texas has executed more pris: *’

oners than any other state and, with 349 °-° aie

See GREEN on Page 16A!* igs bec!

. résponded his .. sister,

| aa

— rs _:

tere pe ee

;,Pase 2A — The Huntsville Item, Tuesday, November 12, 199]

slaying of edgaideion! officer

parr. - [————-_—
we on

~
.

. By CATHY DUNCAN
* The Huntsville Item

“: As his siblings and a friend ex-
pressed their love for convicted
: killer G.W. Green, the 54-year-

. old became the fifth death row in-

mate to die this year in Texas.
~* Before the deadly drugs began
- flowing through the intravenous

* injection, the former cement ma-

-gon told his sister, brother and a

' friend that he loved them.

=“We love you. You'll be free,”

Hazel
Gilbert.

. When asked for his laat alates
ment, Green said, “Lock and load. *

Let’s do it, man.” After the drugs ..
began to flow, he said, “Ain’t lifea

mother (expletive deleted).”
_ Green was pronounced dead at
12:17 a.m., seven minutes after

the lethal dose was administered.

As he was leaving the execu-

tion room, ‘Bobby Green, his —

brother, turned to the state offi-
cials, which included Attorney
General Dan Morales, and said,
“Hope ya'll are happy.”

With a 7-2 vote seven hours be-

' preme Court refused to grant the
. Nacogdoches County native a

stay. -
Green, who had been on death

‘row since 1977, was killed seven

days shy of the 15th anniversary
of the murder of a Montgomery
County probation officer.
Green was 39 years old when
he was involved in the November
1976 shooting death of John Den-
son, a juvenile probation officer
and reserve deputy sheriff. With

accomplices Joseph Starvaggi,

who was executed Sept. 10, 1987,

y= *”
> a

:. serving a life sentence, Green en-
- tered Denson’s home in Magno-
. lia, located about 50 miles north-
‘ west of Houston, to steal his gun.
: collection. ;
1 Starvaggi shot Denson hen

| the officer struggled with one of:
the intruders and wrestled ‘his °
gun away from him. Starvaggi

then shot Denson two more
times, but declined Green’s al-
leged urgings to kill the officer’s
wife and teen-age. daughter, ac-

‘ cording to records of the Texas,
_ Department of Criminal Justice.
' After the execution, Morales.

fore the execution, the U.S. Su-

said he agrees with complaints

voiced by Denson’s family regard-

ing the lengthy delay allowed by .

the criminal justice system.

“T think it is a time when critic-
ism is justified,” he said. This is
the third or fourth execution that
I have attended for offenses that

happened more than 10 years

ago, Morales added.

* The attorney general ‘paid

while he empathizes with the vic-
tims’ families, he is hopeful Con-
gress will soon enact a set of laws
in which “frivolous appeals will
not be able to occur.’

Regarding the five scheduled
executions in November, Morales
said his office believes that the

_ Nov. 26 execution of Justin May

is likely to occur.

Ernest Baldree and Joseph
Faulder are scheduled to be exe-

cuted Friday. If neither receives
an appeal, it would be first double
execution since the state re-
sumed carrying out capital pun-
ishment in 1982.

In Texas, 344 males and four
females now are death row.

and Glenn Earl Martin. who is

bikie pi cnannsinisigenatectemeanimen— cen cients een nasa ane tcm

HUNTSVILLE, Tex., Nov. 12 (AP) —
One of three gunmen who broke into a
house 15 years ago, terrorized a family
and then killed the father was executed
by injection at the state prison here
early today. .-° ;

The 54-year-old prisoner, G.W.
Green, was put to death seven hours
after the United States Supreme Court
refused, on a vote of 7 to 2, to grant him
a stay based on his argument of inef-
fective assistance of counsel.

Green, strapped to a gurney in the
death chamber, greeted his brother, a
sister and a friend who had arrived to
witness the execution, expressed his
love and then told the warden, Jack
Pursley: ‘Lock and load. Let’s do it,
man.”

As lethal drugs flowed into his arms,
he used an obscenity to describe life,
gasped once and made no further
movement. He was pronounced dead at
12:17 A.M., seven minutes after the
drugs began flowing.

Mr. Green’s brother, Bobby, growled
at state officials as he left the death
chamber, “Hope you all are happy.”

Expressing No Remorse

Mr. Green had refused recent re-
quests for interviews. In earlier con-
versations, however, he had expressed
no remorse. “I have no apologies, no
mercy to ask,” he said. ‘‘I’ll never tell
someone I’m sorry for something I
didn’t commit.”

That was a reference to the fact that
it was not Mr. Green who fatally shot

! John Denson, a 43-year-old part-time
probation officer. But Texas law pro-
vides that any participant in a crime
that proves fatal to the victim, may be
‘put to death. : ‘i

Mr. Green and two accomplices in-
vaded Mr. Denson’s house in 1976 to
steal a $6,000 gun collection. They

se STE TT ee

‘Last words of man condemned
do it, man’ |

geet Bie. SUR, Prue Y ae BS
ft ye "716

® teen ‘as ;

ss eo:

ph q: * the i
THE ASSOCIATED PRESS ae

HUNTSVILLE — A self-de-.

'prison: officials to: “do it, man,”
tbeforé being executed early

‘death of a pro- [Ts
‘bation officer Fras
“during, a bur-

glary. .

G.W... Green,
54; was put to
death! by. .injec’
tion seven
‘hours after the
U.S. Supreme
Court’ tefused
by a vote of 7-2 :
to grant him @ “Green:

stay. : ’
Mm eS strapped to the death
chamber gurney, greeted his
brother, a sister and a friend who
arrived to witness the execution,
expressed his love, then’ told
Warden Jack Pursley: “Lock and
load. Let’s do it, man.”
As the drugs flowed into his

slaying: ‘Let’s

arms, he uttered a vulgarity to
=~. describe life, gaspgd
‘ made no further movement. He -
iscribed “strange old dude”-told was pronounced dead* at 12:17
H a.m., seven minutes after the
*" drugs began flowing.
Tuesday for the 1976 shooting “ Green’s brother, Bobby, said to
. state officials as he left the death
’ chamber: “Hope you all are hap-

Dye es ag?

. After his death, prison officials.
- yeleased a note in which Green

. thanked his family and friends
4 = for love and friendship. de Bs

“To the rest of society, you .
| . never warranted my respect,” he
~ |. wrote. “You earned my con-
_ tempt.”

Green had refused recent re-
~3*. quests for interviews. In earlier
conversations, however, he had
expressed no remorse.

Lethal injection
for an accomplice
in a fatal
shooting.

forced Mr. Denson’s wife and 12-year-
old daughter to lie under a blanket
while Mr. Denson begged for his life

and then was shot by another of the »

gunmen, Joseph Starvaggi.

Mr. Denson’s wife, Grace, said later #

that Mr. Green had screamed at Mr.
Starvaggi to kill her and her daughter
but that Mr. Starvaggi had refused.
Mr. Starvaggi was executed on Sept.
10, 1987. The third gunman, Glen Earl
Martin, is serving a life prison term.

A Daughter’s Bitterness

In an interview today, Mr. Denson’s
daughter, Susan, now 27, expressed bit-
terness about the length of the appeals
process. .

“That night, in 15 minutes, my father
lost his life,” she said. ‘Here it is now,
almost 15 years later. There’s definite-
ly a problem with that. I have respect
for the justice system, but there are
problems that haven’t been dealt with
correctly. There’s nothing to put the
fear of God in anybody.”

State Attorney General Dan Morales
said he shared her sentiment. ‘‘Some-
thing is very wrong with a system that

‘contains that kind of delay,” he said.

Mr. Green had been on death row
since Oct. 13, 1977. He was the 42d
prisoner executed in Texas, and the
157th in the United States, since the
Supreme Court in 1976 allowed the
death penalty to be restored.

once and

“I have no apologies, no mercy

to ask,” he said. “I'll never tell
someone I’m sorry for something
I didn’t commit.”

“I’d like to believe in heaven,”

G. W. Green

m4. TIMES

TUES \.

he added, but when asked if he :

expected to go there, he replied: .
“Not a chance.” ; ae 4D
Green, 13th in seniority among: ~-torenal. he

the 349 inmates on Texas’ Death
Row; was sentenced to die for

the shooting death of John Den-

son during a robbery at Denson’s

home. “Ny
Green was one of three men:

‘who invaded -Denson’s rural

home in Montgomery County,

about 50 miles northwest of

Houston, to steal Denson’s $6,000
gun collection.
The three forced Denson’s wife
and 12-year-old daughter to lie
under a blanket while Denson
begged for his life and then was
shot by Joseph Starvaggi. -
Denson’s wife, Grace, said
Green had screamed at Starvaggi
to kill her and her daughter but
Starvaggi refused, saying he only
killed “dopers and pigs.”
Starvaggi was executed Sept.
10, 1987. The third man, Glen
Earl Martin, is serving a life pris-
on term. ;

Green is fifth Texas convict executed this year

m HUNTSVILLE, Texas — Nearly 15 years after he took part In a rob-
bery In which a probation officer was fatally shot, convicted killer G.W.
Green was executed early Tuesday. Mr. Green, 54, received a lethal
injection for his role in killing John Denson In 1976 at Mr. Denson's
home near Magnolia in Montgomery County. Mr. Green and two others
invaded the home to steal Mr. Denson’s $6,000 gun collection. Mr. Den-
son was shot while his daughter and wife huddled under a blanket. He
was the fifth Texas convict executed this year.

DRUAS MORNING NEWS

91.

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eae - -: - aed —_— oo om el
- eed ae we ee — re
- nm a
err -
. stele wee we moe me”

S
Mm: "

Killer’s last

words were

bitter, vulgar

By KATHY FAIR
Houston Chronicle

HUNTSVILLE — Convicted killer
G.W. Green’s parting words to a
society whose norms he loathed

_ were vulgar and bitter.

The 54-year-
| old former ce-
4- ment finisher
from Nacogdo-
ches was put to
death early
Tuesday for his
role in the 1976
robbery and
slaying of John
Denson, 43, a
+ Montgomery

-County proba-

: Green tion officer and
- reserve sheriff's deputy.

The scorn Green expressed from

left with prison officials was
matched by that of his brother,

_ Bobby, one of three personal wit-
. nesses.

Green greeted his brother, sister
and a friend when they entered the
death chamber at the Walls Unit and
then told Warden Jack Pursley:

“Lock and load. Let’s do it, man.”

Just before the lethal fluids took
effect, he turned to his brother and
sister and used a. vulgarity compar-
‘ing life to an incestuous relationship.

Houston Chronicle

CT ee ee ee ee a eee
oe eo oe we we ew

pars .

Wednesday, Nov. 13, 1991

In a note he left with prison offi-
cials to release after his death,
Green wrote: “To my blood kin, my
spiritual brothers and sisters and
those others who’ extended their
friendship and kindness to me, I send
my love and respect and bid you
farewell. To the rest of society, you
never warranted my respect. You
earned my contempt.”

Bobby Green nervously twirled a
red baseball-style cap on his finger
and curled its bill as he watched his
brother die. Then, when he turned to
leave the execution chamber, he
snarled at state officials, “I hope
y'all are happy.”

A few moments later, as he angrily
slammed his cap on a wooden shelf

while leaving the visiting room, a

prison guard asked him if he was OK.
Bobby Green snapped: “Fine, fine,
fine. It's not every day you get to
watch your brother be killed.”
Trial testimony indicated that

» Green and two other accomplices
" went to the Denson home in Magno-
- lia to steal Denson's $6,000 gun col-
‘=. lection. Green's lawyers had pleaded

with the courts to spare his life
because he did not fire the fatal

* shots.

Montgomery County District At-
torney Peter Speers said it was only
a twist of fate that kept Green from
killing Denson and his wife and
daughter. The gun Green had bor-
rowed from a friend did not work,
Speers said, although evidence

showed he tried to fire all five
rounds.

Continued from Page 11A. .

condemned prisoners, ranks third in

the number of prisoners under death
Sentences. gee

' Only California and Florida have

larger death row populations. |
“That’s about what I expected,”

Green was quoted by prison officials |

as Saying when they notified him of
the Supreme Court’s decision.

~ Green was moved from death row
at the Ellis I Unit to a small holding
cell outside the death chamber about

5 p.m., shortly after the high court :

announced its 7-2 vote. Justices
Harry A. Blackmun and John Paul
Stevens III cast the dissenting votes.

Green spent most of the day visit-
ing with relatives and reading,

prison system spokesman Charles
Brown said.

Green, who had refused to speak
with reporters in recent weeks, pre-
viously had said he had no apologies
to offer and no mercy to seek.

“T'll never tell someone I’m sorry

for; something I didn’t commit,” he °
- said! }

A well-read prisoner who liked to
discuss the writings of philosophers
and to quote Shakespeare, Green

; usten Chronic Q

Thee ¥ bev: [Bes LAD le

circumvented prison regulations
against long hair and beards by
claiming religious beliefs prevented
him from cutting his hair. He often
tied his long, wiry hair ina ponytail.

A self-proclaimed member of the
white supremacist Aryan Brother-
hood gang, Green usually stayed to
himself in prison, refusing to partici-
pate in the work program.

“We all are born, we all live
awhile, and we all die,” Green ear-
lier told reporters. “I never thought I
was going to live forever.

“When it comes time to go to the

table, I'm going to roll up my sleeve
and say: ‘Get it right. ”

Sunday, Nov. 10, 1991 Houston Chronicle

Appeals court | er ~
‘refuses to halt | “ —
7 mn execution | | Saturday, Nov. 9/1991 __

“

‘. Houston Chronicle

From staff and wire reports

‘Former construction worker G.W. oa, States 2 ; ¢
| Green faces execution by se ie) a - : ter sis :
| - jection Tuesday, after the 5th US. pie corsa : | ge |
; Circuit Court of Appeals Saturday : g Retrial date set © 3
denied his request to halt the execu- ; £ CLEBURNE — Muneer Moham-
tion. oe ' 3 Med Deeb, facing retrial in the 1982
- Green, 54, was sentenced to death . : Lake Waco murder case, pleaded.
. for killing a Montgomery County @ Innocent Friday to Solicitation for
juvenile probation officer, John Den- ‘ capital murder.
son, while burglarizing his Magnolia |_ ee State District |
| home in 1976. @ Judge C.C. “Kit
‘ + 4, Cooke set a Feb.
Denson, 43, who also was a reserve , : es € trial date
-sheriff’s deputy, was shot to death The Tex <.
when Green and two other men eee S Court of Crimi.
attempted to steal his antique gun 4 a nal Appeals last
collection. - ct “summer (&
The Nov. 12 execution date is at “M granted Deeb, [ — Weeghe |
least “the second for Green. The #32; a new capital [rs; eae”?
Texas Court of Criminal Appeals | murder trial. idee $
"held the case for seven years before Doo — '

# Deeb, who re-

affirming Green's conviction. — “mains in cus- Deeb

. } Inthe latest appeal, Green’s attor- a tody, appeared Friday with attorney
neys said the jury was not allowed to - - # Dick DeGuerin of Houston.
consider all the evidence in the case: _p Deeb was convicted in 1985 of

“capital murder in the death of Jill

2 Montgomery, 17. Montgomery and
'@ two friends, Raylene Rice, 17, and
= Kenneth Franks, 18, were stabbed to

«death at a Lake Waco park.

| murder-for-hire scheme. He was ac-
» cused of hiring David Wayne Spence,

Spence and two other men appar-
“ently mistook the three teen-agers
* for Kelley and her friends, and were

' Sconvicted of abducting them, raping
fi the women and stabbing them re-

hs peatedly at Speegleville Park in

& Waco.

* Prapation officer’s killer
loses bid for execution stay

Associated Press

HUNTSVILLE, Texas — The U.S.
Supreme Court rejected an appeal
Monday for a former construction
worker who faced death early Tues-
day for killing a Montgomery
County probation officer in 1976.

G.W. Green, 54, was to receive a
lethal injection just after midnight
for shooting John Denson during a
robbery at Mr. Denson’s home.

Mr. Green is among the longest-
serving of the 349 inmates on Texas’
death row, the nation’s largest.

After federal appeals courts and
state courts rejected Mr. Green’s re-
quests for a stay, he appealed to the
Supreme Court on Monday. But the
Supreme Court also refused to block
his execution.

The vote Monday afternoon was
7-2, with Justices Harry Blackmun
and John Paul Stevens dissenting.

“We all are born, we all live
‘awhile and we all die,” Mr. Green,
who refused to speak with reporters
in recent weeks, said in an earlier
interview. “I never thought I was
going to live forever. I have no apo-
logies, no mercy to ask.

“When it comes time to go to the
table, I’m going to roll up my sleeve
and say, ‘Get it right.’ If they keep
me here till I’m 70 and then snuff
me, I’m going to be the oldest
hippie. ... I'll never tell someone

I'm sorry for something I didn’t

commit.”

‘Attorneys for Mr. Green con-
tended that the jury at his trial
wasn't able to consider all the evi-
dence in the case and wasn’t al-
lowed to consider that he was not
the triggerman in the Denson kill-
ing. They also argued that his legal
help at trial was ineffective.

The triggerman, Joseph Star-
vaggi, was executed Sept. 10, 1987. A
third man involved in the case,

& Neth

G.W. Green ... maintained
his innocence.

Glen Earl Martin, received a life
prison term and remains jailed.

Testimony showed that the three

broke into the Denson home near
Magnolia, about 50 miles northwest
of Houston, to steal a $6,000 gun col-
lection. Mr. Denson, a part-time pro-
bation officer and sheriff’s reserve
deputy, answered a knock at his
door and was confronted by a gun-
man and the others.

He was shot while his wife and
12-year-old daughter listened horri-
fied, hiding under a blanket.

Mr. Denson’s wife, Grace, identi-
fied Mr. Green in a lineup by his
voice. She said Mr. Green had
screamed at Mr. Starvaggi to kill
them as well, but Mr. Starvaggi

refused.

Mr. Green wouid be the fifth
Texas inmate executed this year
and the 42nd since the state re-
sumed capital punishment in 1982.

_ The total is the highest in the na-
tion. ee

Inmate set for lethal injection
aiter high court denies appeal

THE ASSOCIATED PRESS

| HUNTSVILLE — The US.
Supreme Court rejected a last-
day appeal Monday for a former
construction worker who faces
death early today for the 1976
slaying of a Montgomery County
probation officer.
GW, Green, 54, is to be given
alethal injection just after mid-
night for the shooting death of
John Denson during a robbery at
Denson’s home.

Green is among the longest-
serving of the 349 inmates on the
Texas Death Row, the nation’s
largest.

After federal appeals courts
and state courts rejected Green’s

‘requests for a stay, he appealed
‘to the Supreme Court on Mon-

day. But the Supreme Court also
refused to block his execution.
«The Monday afternoon vote
was 7-2, with Justices Harry
Blackmun, and John Paul Ste-:
vens dissenting.

~ “We all are born, we all live
awhile, and we all die,” Green,
who has refused to speak with
reporters in recent weeks, said in
an earlier interview. “I never

thought I was going to live forev-
er. I have no apologies, no mercy
to ask.

“When it comes time to go to
the table, I’m going to roll up my
sleeve and say: ‘Get it right.’ If
they keep me here till I’m 70 and
then snuff me, I’m going to be
the oldest hippie. I don’t think
I'll blast off for Jesus. I’ll never
tell someone I’m sorry for some-
thing I didn’t commit.”

_Attorneys for Green contended
his trial jury wasn’t able to con-
sider all the evidence in the case
and was not allowed to consider
the fact he was not the trigger-
man in the Denson killing. They
also argued his legal help at trial
was ineffective.

The triggerman in the slaying,
Joseph Starvaggi, was executed
Sept. 10, 1987. A third man in-
volved in the case, Glen Earl
Martin, received a life prison
term and remains jailed.

Green would be the fifth Texas
inmate put to death this year and
the 42nd since the state resumed
carrying out capital punishment
in 1982. The total is the highest
in the nation.

DALLAS TIMES HERALD

a eee

» $e
.

The Houston Post/Tuesday, November 12, 1991/ A-13 . -

High court decline

‘ ASSOCIATED PRESS

| | HUNTSVILLE — The U.S. Su-
preme Court rejected a last-day ap-
- peal Monday for a former construc-
tion worker who faced death early
today for the 1976 Slaying of a
Montgomery County probation of-
ficer.

G.W. Green, 94, was scheduled
for lethal injection just after mid-
night for: the shooting death of
John Denson during a robbery at
Denson's home..

After federal appeals courts and

“' state courts rejected Green’s re-

a, —~_ ee wm es oe

_the Supreme Court also refused to |
block his execution.

The Monday afternoon vote was
7-2, with Justices Harry Blackmun:
and John Paul Stevens dissenting.

Attorneys. for Green contended
his trial jury wasn't able to consider
all the evidence in the case and
was not allowed to consider the

‘fact he was not the triggerman in
the. Denson killing. They also ar-
gued his legal help at the trial was
ineffective.

The triggerman in the slaying,
Joseph Starvaggi, was executed

‘Sept. 10, 1987. A third man in-

S to stay execution OL

tne es en

exan —
remains jailed, a ;

Testimony showed. the three
broke into the Denson home near

Magnolia, about 50 miles north-.
west of Houston, to steal a $6,000 ©
gun collection. Denson, a part-time >
Probation officer and sheriff's re-..

serve deputy, had answered a

knock on the door and was con-

fronted by the three.

He was shot while his wife and AS
then-12-year-old daughter listened
horrified, hiding under a blanket. >

Denson’s wife, Grace, identified

Green in a lineup by the sound of

his voice. She said Green had:

_ quests for a stay, he appealed to -Volved in the case, Glen Earl Mar- screamed at Starvaggi to kill them {

the Supreme Court on Monday. But tin, received a life prison term and__ as well but Starvaggi refused.

’ } ; Pat
= - Houston Chronicle

aE. Seer

Saturday, Nov. 9, 1991

a? Ay Ae Fan te OF PLO oe

: Stay.of execution denied —
. ~ HUNTSVILLE — A federal judge
‘ on Friday refused to delay the execu-
- tion of a man convicted of the 1976
; Murder of a Montgomery County -
: juvenile probation officer and re-
serve deputy sheriff.
Lawyers for G.W. Green, a 5%

- year-old former cement mason from

Nacogdoches, had asked U.S. District
1 Judge David Hittner to block
*’Green’s execution because he was
‘not the triggerman. aa
*~ Green is to receive a lethal injec- |
‘ tion’ before dawn Tuesday for the

' slaying of John Denson, 43, in his
+ home in Magnolia. Green and two ,
‘- accomplices went to Denson's home ** year-old daughter. ta
~. to steal his gun collection. Bi: , =

Trial testimony indicated, how- |!

"ever, that Green had tried to fire a

“* gun but it would not work.

One accomplice, Joseph Starvaggi, 1

_ was executed in 1987 for his role as_ |»

the triggerman. The other accom-

plice, 42-year-old Glenn Ear! Martin,

‘

ra nce.
received a life sente sot

‘ & ie }
Starvaggi shot Denson when, the
+. officer cirugeled with one of ‘the
i” intruders and wrestled his gun away.
‘” Starvaggi then shot Denson two
t: more times, but declined Gre¢h’'s
as urging to shoot Denson’s wife and 13-

dar CR AAUDALOR ot p i
DANSoT nan he chamber
when he open wnern ten hare and round neheon wil ei eeu = t ey Peat be
yy the dewelry,, mise ne Bait he Ratha Gs shown over, hy elty. ia sia dint

pedun “New TORK) anuary, 10.—Fina 2 | SRRYAN, Texas. ganuaryy. ‘N07 -Goiinty \
wats Lew pote Stee mr | ments in the Rvarninens wat to dineatve Treasurer’'J, B. Priddy happened to @ very
A toaenre he woverns | #erious-Rooldent in which his

2] tee’) German | forcea’ 1a) the | Champagne) Aus Counsel: for, the wovern wide: of hie-head..were ly spand
ee woatcement ,wae made. by the war, emice teday me mignt wtcacstga the me re fompany Oa | an the loss of an eye, was: narrowly

that,ji French posttions 5 extending | Over: peverel | a $40,000,000 concen ern starch, al noose, averted. He was Warming & can of syrup

bundred yards at @ point northwest of Besslaes on the stove and while looking through & n P
bed deen captured by: the Germana ii! shi) | MUred seu, eqntralled Wiper eet are hole in sthe top of the’ aan to. eacertain if
ve |i. The valetat: war /atatement teday follower © business sees the amountof syrup in. the oan It exploded —
h ES Weatern | froatt can attack! ty) We) Rorth ef |: ae a ey Np Nipes 4 wi bse the results abova mentioned, | A
. © WJ a —, 5 ‘ mA ” i Pere . {
fs saci Merten de Doane ml paar tlon and FAT the au: Niet state Deans Jambar $0.—The| ae ms mnt
Cand treachea veveral | varia in eal Dreme court decide Today that. con th by annual sasion of the Texas Noent- Pra i ait
tat well as 433 ng re¥en | had gnacted finally a constitutional n Ray society, an organjration founded | °°. A general. stoak of ‘Diy ‘Goods, ‘and Groce
And coved | macnine FURR: age ope! B cauke [Fe lating statements an to the. curative or the aciontiia study of entgen| in the Panhandle. "An active business t
rere seer Tey ees SR sif cee, heeds sifelon wan rendered. by Devtion madalition a lied oleat others): este will have to sell.’ Stock: will puna
™ e .
pancdnvactutier es ingen +1 Funteo: ce. Numerous actions rofeasion to the value of this. branoh of] \. cash will se considered In'the trade, ..Go:
Tin Why from “ic eee Tring “ ten mai agalnet drug Soncerns are p expected | “to fale he servic’, was 7h this afternoon at Investigate the town of Memphia In He
ste edvance Pacts lowe 7” ‘ : ae — } r.J : Martin of Dallas Drees the: businans. er oo HALL. COUN’ )
a teri. No" developments ep “XANSAS > ‘cry, ~ Mo. January 10. Sih at i _ Population 44,1
ie AA an ply was the reason pipes A by of- |! WACO, Texas, ‘January ; Oa Three men, > Betton ‘and Cotton daca peveeedeseerege:
Sy Hoare, of Weatern Retal inaplement, working on the .Texas lep one oom ye Grain; Hay; Feed Stuff Besticcddesetsva
Vehicle and ardwere Dealers association | nany building here, fell a: “distance © f —~O
en. the annual convent on of the ho oon feat this: morning. when. supporta hot ra Live Stec Geo do's CUNEO 40 00.80 5b s 0-0
cen ance, of 8 orig of the, 4000 delexaten | %, SEINE 0 prateh. they s ware mo eINg | eel mae hirtabypeed (Siti hy
2 way.» One of the mén ‘ *
PARIS tvia Lenten, iauay ot T140'p, m,). od to be In ‘the city betore the cone prota i cee /imoad 8 baad “5 alee tel ay SN
—— | The edicial commenication tonight maya: vention n close he vo} the t reas) with ar through a shaft con- |... ‘Production per Capita. SHuUG otk ce che
|e ‘oorrnere: hae deen general” artillery activity _WARHINGTON, Jan vary: 0mT sy nect a wonneyte mers . i Aijs ¥ MEMPH The Cov
|) | elem the front, Oa the “mone ef rt sare mment trust au ult be pun in the yew ORTH, Texas, "January 10 ‘ Population, 8500, : modern naam Lopate
a Pe
& be Ba Dee Guvslig te sof enoray: era tre aaainat t redergl roped ecm ineden=| os: *. Roche former. sheriff of its of “+ $80,000 compress. four gins, C00, se

ounty,- shat and Instantly killed @ Works,’ $50 ice, ight and power
eayeecive: ves g atcerage. passengers , -Worke, ’ 1%
| Brepehes_ Sed" eau Re Aaeeat tallcin. | eakediatnianed todny by the supreme court Hert Renee Cie erty wentene OC Hnex | “ohurches, $10,000 pablio library, three

eT en during d that Bul alleged pool City this morning. ! ( id)
the course of the i pt gage “ Tee jell waived examining trial and his bo ..) $50,000 high ech hulldin
gems Fe OL aay occupy wocreeats WorecsetSliy Sitwest ment had become ‘void of actualities “by wan placed at $5000 aw Avie gene ots ond #5 vO00 Naar P50, ack é 27, MEMPH)
[Sete conbreed that the German atteck wes ae A A sciately. The shooting decurred in the BE AT ae UR AN aii
T pa’ act a large te, des te produce OMAHA, :- ‘New, January 10. et Arthin {tchell hotel. reba

t veoul but 2 b a ne the charge ; : .
LS ah My x ew vend ca sede ta pares ree thet, Fauser wen Se ee crn cashier of the ot ANS: Peoxne, lenuars 0.—The cy 7

¢ Killing W. F
one entire brigede ne 4 ing) los cater was found lying jn AY °
| Sia omit, Steai, ae sitar | Neagmes, ot the, World, Ube, might ot] date ed sireat ere tery th PLAN FOR FRISCO

orning with a bullet EM
apelis on: suspicion of crimes committed Y
+ th WichGa, Kan,, but was turned aver fe abe no ae Sey oe or nevera "aurh at is

* as\

a eee "h h t a

a — Neced a hgnintaetanpedgg foul plays or killed. himaclf. vc favelver|. LY AOGEPTED| NI
Pi UAstectated Prete Report.) “PROVIDENCE, R. Ri January 30: was found lying w few feet from the body. ft

BERLIN, Januery 10 (via wireless to ‘Bayviie.) Elisabeth. Mohr and two o

cathy

earrold e
nd conducte em- | Yeary cam rican girl and given the
vey | cast Denk of the m Te er raf of Bioack, | merer hri st ehurch

K
, death pe
1 (Epls- 1 11:55 a. m.

ted, \but Some Modifion- | Op

bee hanged here today at

the DALLAS, Texas, Janu =
Continuation of, comparative sotivity “along: the | negroes at pis socuned “ ving Induce i Thomas S.comnag ent O,~-Alex and)’
front /im) Restera Galicia and on’ the Bessarabian or negro segregation in Dallas to Com- .
frootier ts reperted by Avatrian-Hungeriam bead. Rewparts when known in this aity and | mis NE pro- kere sal’ “aad Mist Com Balt <a
Of | quarters ta the otiela! statement recelved today ed not pullty. -Selectidn of a suryt opvablla ayiet f0
t says medfately.. Ae | Cob ecmnatere & ont > Spit 2
“Ie b Geltelat's roa the. Bersarabian onan imm senedeiiiial | ety. Ss |Omkese6od cemetery w = * mission” Sti P t.
tier. there, (BO fighting of impor- J y 10:—'TKe ‘tumekar accommodate amilies. . Pe fi ¥ an
ran, tance, »- Near, a an enemy advance was. ore HOUIS. gamuary 10.— P e J - Bie ae . ’ eettemanemeditt a
: ‘ VILE exas, anua f ;
aces mc the Italian troot, there were artery duels the at, Lovle Republic and i gh 4 cinto Gongales, convicted in i aistsint Re ,? Capital Bight. “Million Speci S
Fall} cla ane Tamas Ghowsign te troops ad. | ee eee ee this atternoon, court, here of crminal assault on a 10- S
5,
jolla

Mon one ae enemg: : copal). oy | was pronounced dead in a few — ; ¥
syl- western ater hg me a the south KANSAS: pase ain Charges after the drop. ee AE fe ft B ‘ fs Before Settlement -
MAb i hacceeel, tens of mansiaughter were fils ae RICHMOND, Texas, January ‘10, rate | © LIP edt
RUBSIAN. 5) 5), | Brlleyy coauteers Te the ma tyyesterday evening Maudine ” Mason,—at=— 7 i es
d i! early yesterday arash 4 Ine’ tw or} mg shat rary killed—J Beagle a tAssoctated Prats revert.) BE]!
lacie Pre Press Nefonj ‘| high school students, if N ng two ; JEFFERSON CITY, Ma., si. 100 was 1—

*PRTROGRAD (vie, Lopdon, Jaguary 10, 09:52 | Juring. six. recent ruling of the Missouri Pacific storie, <>
The :

pera Noone! pee mya roe? | 5: NEW: YORK, January 10.—The _ 750 service. commiasion regarding’ the te Empei J)
~ “The situationvew' the west (Rosslan) front pen ghrp Seah teten & Wiest coaany cl posed plan of reorganizing the Bt. wei —
lant .o e Crucible edia ’

) esterday was generally calm. I Galicia and | \ merica, today returned to work, It was SIDELIGHTS on THE WAR. and §an Francisco railroad was seni vee ta
east'of Ceerpow!ty (Bukowins) the enemy having | promised that negotiations. regarding the today with one exception by repres¢ The
sptered ones mous eaeee af one astecly guting men's demands for more pay would pants ATHENS, January | a 9 oe ra—(Vi8 tives of the reorganization: pnesme gers, it} a min.

a 5 3 ‘ aris, m;)— 7
Be eiaerea otiarterd bas] shows TU cie,, alge ».6f, 20- at once, Re eet? elli and the. destroyer, Leon, with «| Was announced tie va ‘by Chairman At
Mie I 98 ICAGO, January 10.—Wo rk. at the|strong contingent. of troops have; been | kinson of the commission.
ite | Se ih the’ Cavenens, coastal coastal region ma detachment eehils Valve Manufacturing company in|sent to Samos to cope with an insurrea-| hq only feature of the plan upon which| BAI, —
leas te x". Cries on beid 6 Bol ty Ata river and] Kost Chicago was at a standstill today |tion on that island, sald to be due to a ers and ~the| helm. ~~,
day emeliabes yt enemy aed re | because of a etrike of workmen who de-/| lack of foodstuffs, It is generally be-|the reorganization . manag ; The
‘ surees , without Telose,* mand shorter hours and increased. pay. |iieved that martial law. shortly: will be|commission heve not. yet come:to an| — —
lowe | aie ch ewe |The company has been making. shell| proclaimed at Athens. ¢ agreement {s the “voting trust’ feature, fe —
oc a Sie alin ane 6 as
Po, Oe TTALIAN. i jgcg . joasinee BERNE, January 9, (vis Parts, 11:40 p.(it was’ aald on reliable authority. Mfr. | has be
nde | , NEW, YORK, Nanuary 10, —Samuel Lu- m.)—The Swiss majls have transmitted iA Atkinsen’s announcement came” after a thi —
onal]. (Associated Pre Press Repow'.) |). ‘cas, author ef the: song, “Grandfather's prisoners of war from August 19 to De- sail

var 8 r ter t r 7 ‘0 between the commission, a

i: a.m. The : x cember 15, 1916, 13,000, 005 pa cels, 0 000,- e nference claliat Q ~N
‘are y Ly official statement tonight 9 {ginal entertainers on he Ameriean 000 letter F | : ‘ |
; Ks fon tage, die ere today, 1 ag ed 1% years. orders for & total sum of 3 1000, 000 fra ncs, reorga nization managers and Featus J. : ‘

of which 23,000,000 francs was for ¥° h ‘
Tere vac alae the 6 whol ‘froat. the ‘artillery. ‘action |. CHICAGO, January ary. 10. Police inventl- preners, in Germany and 7,000,000" for Wade; 4) St, Loule: banker): Wiese rae Berlin
toss enemy made considerable use| gation of “fox trot clubs’’ in the down-| Germans.in France:: ? of the seven mor mentiona for the prov]: my
and of heery. Meallber guns, especially, agalost Yun-| town: district was ahs wien today, pitas a , posed ‘voting trust,’ which’ would eon- ike 39
gext ‘orta and Mente, ie. southeast of pmozere- young woman had tol what she said Fi LONDON, January } 10.—Bir Petey Lake trol .the road for five years, --
ria: wo. and ageinst Monfalcone, causing alight dam- | yop. mmoral conditions at the places. ; pas been appointed to command the Brit- Chairman, Atkinson announced that and ‘th -7-
, 8 orces in Mesopotamia, !n succession | the reorganizers ha ree sary.:'!
oh sn sant a acts oe Jeers “NEW. YORK, January 10,—The unfilied to General Sir John Eccles Nixon,» who | commission’s ruling: frapproving hea ed the Vi
rom: Lane, bat. was ‘promptly ete tonnage of the United States Steel cor-|has -been compelied by illness to return|come bond convertibility feature, pro <a,
is 8 i ‘dite ean'e ration on December 31 totaled 707,806,- home, it was announced in the house of iting the. payment of bonuses aggregat- operat
20 tons, an ancrense of 616,713 tons aver | commons today by J, Austen Liarabamans ing $8 $000,600 to old bondholders and pre- | cordin,
“BRITISH... sap November. secretary for Indfa.., ferred atookholders and directing the fil-|the ap
i ene af iH. ing of the detailed expenses of carrying | operat!
‘ er NAsociated, Pre Press “Repow.): / NEW. ‘YORK, ‘January ; 10. —Frank WABHINGTON, “January 10. i mentrige organization plan. an ule:
: det ‘3 Pub- out the reorg Dr.
rum | “SLONDOX,j)/ January |10.—The Britta official Dodd. 68, preaident of the nae tlona to govern the emigration ‘of Britis The reduction of capital . from 9827,- \
" “103 DOK.) January ppp association and senior member of| subjects’ of military age ‘from Engan 000,000, to $319,600,000 also will be ageept- asked
+ | statemgnt:tsoved tontaht -eayer) = ublishing Hem eeess at his home here | Scotland, Ireland or Wales are contained ed by the reorganisers, it was waid. The | emper:
ov There re Sone artillery: activity today pear ay. pero, wi “coal Bpring Tuc nthe Brit nm by reorganizers, however, asked that the fol- 1 ad
‘ f t he Rois Gre Raint r Cec rin ce, the Br ° ¥ ton’s r
(Pol Epnaute Perea naleeth treet tinct chene |i er NN a sandery 10. “ Piagshipe nador. ie J Heh ambas lowing modifications of the commisslo ve
ce” ie homes near Atraseele, Hazebronck. and of the Atlantic and the Pacific fleets "2800 -s @ [ruling be so oe ae ‘alow ap ‘oxi. | the ca:
HOY Pmere One woman and ose ehild were |in radio communication today -across 2500). ROME, January 10, 11:50 a. m.—Re-| “de 7 91,000-000 in Interest. to bondhold- | cut aw.
ag via ts miles of intervening land, (|| ports received from the provinces are to mately 6), item having been included in| one foi
ear MONTENEGRIN, * T war loan’ which opened today meee urd | the’ $8,000,000 In bonuses eliminated from | [OF cs!
2 Ro Be el; e ay were’ pro-
vot-| 4 ; Siar, © aston SOUTHERN | PINE REPORTS. . ‘| eooding watiatactoriiy. Tt te expected trast the plan, by the commiaston. | on“iqoome | 84,
pee (Associated. Press ‘Repewv.) den th $200,000,000 ‘soon will b be subscribed, bonds be raised from 8 to 6-per cen —
nl. | PARIS, January 10, 10:85 'p.m.—The Aus- Weekly Report Tasued ‘by Bon — “LONDON, Januery 10, 6:18 p.tae-Her- |. "3-eThat. $1,200,000: of the wooond fpre- | Ay ¢
ag-| trian’ advances on all fronts and evacuation by}. Pine: Association. : *< | bert Samuel, stmaster general, hag| ferred stock of the new (or reor ve — when t
Wout Butas are ocially Eamitted Im'a tate: | ae Associated Press Report.) “| been_appointed home. secrdtary, muoceed- served, to cover, expenses bd loses A
nan | Kouk Rhbtatz are officially Itted In @ utate- (Asso edd 0. ing Sir. John A. Simon, renigned, - tion.’ | de only
plo- | went given ont tonixia: by the Montenegrin con- “NEW ORLEANB, Ley anuary 10.— ‘ The ‘commission directed the reorganis- | of gavi)
ie | male nee SRY | The wenkty report ot the orton no FOREIGN NEWS BRIEVS, | | ies’ (00 Sivor"mstvor noaidottions ina | kaiser
peed hern’ yellow’ pine saw mills at. the ‘ ner
ome- BIG FIRE AT. MIDLOTHIAN, El Sone nor outnesa vinats Vriday, as issued p samt ar badd ‘pe filed on or before next necesst |
ar reas) by the Southern Pine association here. tox MONTREAL, - January’ 10. ‘the. ‘epl- Baws that {js to n or 6 —
this oil ‘and. Gin. Company. “Warehouse day, shows orders pooled, tor ati dee | (femic of grippe, which has been reported | Mere ny! «5 menemeee ts me
; feet:. shipm */in varjous parts e United States has p
ini® 2 Was’ Destroyed. Monday.’ 1 43a, M40, feet, of untitled: orters on the reaahed here, a total of, 600 odo being | °.' NEW: -AGENT. AT QALYESTON.
id oe fa! i 8. cq pare ° t . a
mill Ai ties (Houston: Post Sheciel.) 1 Se pees business; ; 68 Sine 9: feet shipped len Wacdcneaa Gare Mes enieiee ea pofats Ges Husbands Succeeded 7: “St, Fitzger. |
It NADLOTHIAN, Texas, ° anuary | 10.~— 12 and. 407,907,610 feat.of unfilled orders on and 50.clerks are-now suffering Pads the F pala: ae City Agent for Katy. Abs
one Fire which destroyed 'the ‘cotton ‘seed hand. at. the cloaeot the previous week, ; malady).and the conduct. of the city’s} ):.« (Houston Post Soecial, V), :
east | Warehouse of the Midlothian Ol! and Gin (=e rem” bumineey has been absolutely interfered |: GALVESTON, : Texas, January, yo~ Indi
company here this afternoon inflicted’ ap- “ASKED. GUNS BE REMOVED, } eed hoy . ‘ ltnhe new city passenger and ticket arent

due | proximately $100,000 damage, The efforts PANTS.-Yaur

GONZALES, Joe Fedelfido, Jr., Hispanic, injection TXSP (Potter) September 18, 1996.

GONZALES, Joe Fedelfido, Jr., Hispanic, dob 11/17/1960; Potter Co., received TDC
1/10/1996, prison # 999177

Gonzales was an employee of the roofing company owned by 50-year-old William Joseph
“Mike” Veader. Gonzales claimed that Veader owed him $200. and that he was determined to
get his money “one way or the other” and on October 19, 1992, he shot Veader once in the
temple and once in the cheek in while robbing his Amarillo home. Gonzales said that he wanted
to die and did not want any appeals filed in his behalf. Under Texas law, his sentence was
appealed to the Texas Court of Criminal Appeals which upheld the sentence.-A valanche-Journal,
Lubbock, TX, 2/15/1996.

“A man convicted 10 months ago of killing his ex-boss was dieecutod in ee by injection

in the nation’s speediest execution since Gary Gilmore in 1977. Joe gonzales, 36, waived
appeals.”-USA Today, 9/19/1996,

HUNTSVILLE, Texas (Reuter) - A Texas construction worker who confessed
last year to murdering a former boss was executed Wednesday, ending the
briefest stay ever on the state’s death row, prison officials said.

Joe Fedelfido Gonzales spent nine months on death row after pleading
guiity to capital murder charges in the shooting death of an Amarillo, Texas
man and asking a jury to sentence him to die.

Gonzales died seven minutes after being injected with a lethal dose of
chemicals shortly after 6 p.m. CDT in the death house of the Huntsville, Texas
state prison. He was 35.

‘*T cannot find the words to express the sadness I feel for bringing this
hurt and pain on my loved ones,’’ he said in a statement released by his
attorney after he was executed. ‘‘’I will not ask forgiveness for the decisions
I have made in this judicial process, only acceptance. God bless you all.’’

Gonzales confessed to the October 1992 murder of his former boss, William
Joseph Veader, who was shot twice with his own gun during a dispute with
Gonzales over money.

‘Gonzales said he went to Veader’s house to collect ona debt, and saw two
stacks of $100 bills in Veader’s bedroom. When Veader refused to pay, Gonzales
pulled a gun out from under @ couch, shot Veader in the head and stole the
cash.

‘‘T went and got the money and on the way back I shot him again ‘cause he
was begging for help,’’ Gonzales said in his confession to police.

The. conviction was automatically appealed to the Texas Court of Criminal
Appeals, but Gonzales waived the appeal and the court upheld the conviction.

‘*‘As unusual as this case may seem, this is not a death wish or an
individual seeking assistance in suicide,’’ Gonzales said in a court filing.
‘‘This is a case made clear and simple by a man who has committed the ultimate
crime and is seeking the ultimate punishment. '’

Gonzales became the third Texas inmate executed this year and the 107th
since the state resumed capital punishment in 1982.

Gonzales spent his final day on death row meeting with a prison chaplain
and his attorney and speaking to his family by telephone before he was ushered
into the death chamber.

Attorneys said he would have been eligible for an automatic stay of
execution because the Texas Supreme Court is reviewing new laws adopted last
year that shorceney the appeals process in death~sentence cases.

That appeal, expected to be decided after the November elections, has

virtually halted executions in Texas this year As inmates scheduled to die
joined the suit.

9-19-1996 America Online:Galba33_- Page 1

Houston law professor Robert .Schuwerk said the only other way the
execution could have been stayed was if someone ‘had challenged Gonzales’s
sanity during the legal proceedings.

‘‘If the person appears competent to make the decision, then they are
going to be able to make it,’ the University of Houston law professor said of
Gonzales’s decision to waive his appeals. |

20:18 09-18-96

Re eo ae

Louisiana and journeyman carpenter.

12, Blaine Richey, married, gar
resident of San peeeeds for 6 yeate, men Kansas and)
SAN ANTONIO EVENING NEWS: March 9th, 1920

“HE’S THE MAN”

Swears Grace Assaulted her

WHITE WOMAN VICTIM POSITIVE IN IDENTIFYING
NEGRO AS ASSAILANT

“He strangled me and told me he had but a few minutes and he |

overpowered me. I was conscious but I had no strength left to fight =

him off.”

This is the statement made by the i i i
; t prosecuting witness, :

pres g in the trial of George McKinley Grace in the 37th Dine
her then charged by indictment with a criminal assault upon
wetkien, night of February 24th, while her husband was downtown ©
The Prosecuting witness testified as to how h i :

; er

had threatened her life and the life of her 5 year old eit aa
was sleeping at her Side, with a knife, how she struggled with

him and begging him not to kill them, and how through his superior |

strength he obtained the mastery.

There was no doubt displayed in her identification of her as-

sailant. Pointing directly to Grace who sat b E |
: , y the side of the *
witness stand she declared: “That js the negro”, and three times “J

she reiterated her statment.

Woman Tells of Night of Horror

Seldom has there been a more tensely dramatic scene enacted
In any courtroom than when the prosecuting witness took the

stand as the first witness to testify for the State in the trial of

Grace.

Bravely she took her seat in the witness box and faced
hundreds of persons who packed the court room to the doors. The
crowd overflowed into the hall and on the stairway, looking through
the windows on the third floor which opens into the upper part

of the courtroom were gs ectators wh aj
admittance. Pp 0 had been unable to gain

187

Several times the witness appeared on the point of breaking
down as she told the details of the night of horror when she was
awakened by an intruder, who she testified had gained entrance
to her bedroom through a window, and who aroused her by
“shaking a limb”. Twice when she seemed on the point of break-
ing down, District Attorney McAskil! asked her if she did not
want to stop, but courageously she announced her determination

to keep on.

Woman Faints After Trying Ordeal

Then when she had passed through the trying ordeal and was
being escorted from the witness stand, screened from public view
she stumbled and fainted.

It was hushed silent crowd of spectators that leaned forward
to catch the testimony of the witness. Policemen in uniform and
plain clothes were on hand to quell any demonstration while the
prisoner sat, at yesterday’s session, closely surrounded by deputy
sheriffs who screened him from the audience.

When the testimony of the prosecuting witness had been
concluded and the morning session was over, Judge Anderson
ordered the court room cleared before Grace was removed. Guarded
by Deputies the prisoner was taken out through the District
Clerk’s office down the backstairs, thereby eluding the crowd which
waited in front of the court house to catch a closer glimpse of
him.

The prosecuting witness gave her testimony in a clear, distinct
voice, although her emotion always was apparent in the manner
in which she continuously fumbled her handkerchief and a silver
pencil which she held.

In direct reply to the question of Mr. McAskill she declared
she had never seen the witness before in her life, but in the brief
interval that an electric light which she turned on was burning at
the side of her bed, and which her assailant knocked to the floor
and broke, she got a good look at his features.

Could Never Forget Face Seen In Light

In her identification of him from the glimpse she got of him
then, and a sezond glimpse she got of him when he opened for
an instant, the door leading into the dining room, where a light
was burning, when he was departing, she declared: “I could never
forget that face in a thousand years.”

The prosecuting witness exhibited the fingers of her left hand
which were cut in the struggle with her assailant, and the State
introduced in evidence a pillow case and two quilts with blood stains

188

Sa a ee

at al att

beth of

RS Mt

“t

The Wild and Free Dukedom

of Bexar
by

Elton R. Cude

First Edition

This is Copy Number GS

MUNGUIA PRINTERS
2201 Buena Vista St.
San Antonio, Texas 78207

1978

‘HOW

*yoOWw e6b210e5

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kK
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n
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=)
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large tower simulating a three story buildin F . 4
. : -€ Story g and fire drills w
held here with grappling hooks, ladders, fire hoses and other active 4

ties to train the rookie firemen.

Among the officers and witnesses who stated that fire drills

and horse play of the Military police, firemen and olic

r ’ eme
the only disturbance at the jail were: Chief of Police, A. L. Mu a
Captain of Detectives, Charles Van Riper, Detective Sergeant, Walter

A. Harvey, Detective, J. B. “Beek” Swift, Duke Carver, Burroughs,

Captain Brown, Cardenas, Arrumbula, and Lee Johnson, police §

reporter for the San Antonio Light.

The stateme
after bein
he entere

Officers from the description she gave arrested Grace. By her '

description he was identified by Mounted Officer H. C. Perrow.
The description of Grace was that he was about 25 years of

age, an octaroon with thick lips, and caucasian blood predominate in _
most of his features. His hair nearly Straight and appears as qa

white,

the assault. In each instance the prowlers made attempts to enter
houses but each time were frightened away.

Seven calls were received between 11:30 o’clock and the time of 3

Detective Peche and Cardenas had made a call to 1214 Iowa
et, anoth e from 119 De!

ice station, one at 401

eet.

Patrolman H. C. Perrow obtained information from several
per-
sons at MK&T Depot. H tain of Detectives, Van
Riper and a number of dete nt to 605 Callaghan and

the place was occu men and women and after
questioning these i

police station and

185

uSSey, 7

that he did not have to make any statement at all and the statement
made would be used against him.

Contending that admissions of an accused made after his arrest
were admissable under the law, witnesses related that the accused
had taken them to the scene of the crime, pointed-out the house,
shown them through which window he entered, explained how he
carried out his design and finally leading the officers through the
bathroom and out onto the back porch pointed out the place
where he made his exit through the screen.

When the defendant was brought to court he was shielded
from the spectators in the courtroom while throughout the court-
room were men in uniform and plain clothes officers.

The throng attending the trial filled every seat in the court-
room and crowded every available bit of standing room in the rear
and on the sides.

The jury was composed of the following 12 persons:

1. Charles F. Brown, 220 Delmar St., a traveling salesman,
formerly of Mississippi and resident for 15 years.

2. Cornelious O’Neal, 114 W. Poplar St., Master Plumber,
formerly of Indiana and resident for 16 years.

8. George B. Hoover, 840 E. Georgia St., carpenter, resident
of San Antonio practically all his life and lives with his wife at
their home.

4. Charles Huermann, married and lives at 110 Lavaca_ St.,
and lifelong resident of San Antonio.

5. Ed Bowen married and lives with his wife on W. Theo Ave.,
a Government clerk and resident of San Antonio for 10 years.

6. Herbert S. Long, married and lives at 1232 E. French Pl.,

machinery salesman and. resident of San Antonio 10 years.

; 7. Clifford Gray, married and lives at 302 Recio St., a transfer
Journeyman, formerly of Pennsylvania and a resident of San An-
tonio for 12 years.

8. Robert A. Price married and lives at 314 Bowie St. and
automobile man and resident of San Antonio for 9 years.

9. Thomas A. Jackson, married and lives at 224 Berkshire,
grower, formerly of Louisiana and resident of San Antonio for
20 years.

10. Herman D. Neal, married and lives on So. Flores St., an
automobile man.

11. Wesley Dunlap, single, lives on 528 Porter St., formerly of
186

Shes heehee Fig?

Bnd bf hoi Shi 3 F

CHAPTER 17

1926

In 1920 George McKinley Grace was tried the second time an

in the 87th District Court and given the death penalty. The charge 4
was rape, and the following verdict was rendered, “We, the jury, =
, a

find the defendant guilty as charged in the 8rd count and aSsegg
his punishment at death.”

seventeen years and aa dealer in

Thos. D. Glover citizen for
o. stated that he was of the opinion

cotton with Southern Products ¢
Grace had been pre-judged.

Alfred W. Harlos, Clerk of the Court, stated that of the 200
names drawn for the special venire, 46 of the jurors lived in the
county.

Gus A. Mauermann testified he was born in San Antonio, an

attorney and that he was of the opinion that anyone could get a

The State was represented by D. A. McAskill, W. S. Anthony, fair trial from the cosmopolitan population of San Antonio.

Edward Dwyer and Sam G. Newton, Jr.
The defendant was represented by W. C. Linden and Mack
Martin.

The assault on Mrs. R. E. Coward occurred on January 24, 1920,
and the case went to trial January 17, 1921.

Charles B. Treuter, owner of a barber shop and who talked with
over 100 peop'e per day said in his opinion the man could get a fair
and impartial trial.

V. G. Sadler, circulation manager of the News testified that the
circulation of the News was 14,000 with 2,000 in the county.

William E. Engle testified he was an attorney and had been
for a number of years and in ail his conversations with people about
the case, he had never. heard a favorable expression.

SE nie eer nian on nena morte eee

On a motion for a change of venue after the case was reversed,
Alfonso Newton, Deputy Sheriff, said he was of the opinion that
Grace could get a fair trial, that over 25,000 juriors lived in Bexar
County. Another witness, Dave Watson, an attorney for several years
testified that he did not know whether the man could get a fair
trial in Bexar County or not.

G. O. Brown, another attorney, testified that he did not believe
the defendant could get a fair trial.

ato

J. S. Bonner, stated that he was editor of the newspaper
known as K. Lamity’s Harpoon and had been such for the past
four years. He was of the opinion that Grace could get a fair trial
in Bexar County, as was Lee Johnson, a reporter for the San An-
tonio Light, who wrote practically all the articles of the case but
that John Oliver covered the trial.

John W. Tobin, Sheriff of Bexar County, William A. Bedell,
a citizen of Bexar County and in the shoe business, Joe H. H.
Graham, an attorney in San Antonio since 1910, Andrew Young,
an attorney who had lived in San Antonio off and on since 1895,
A. L. Davis a salesman with Potchernick’s Sporting Goods House
for the past 9 years and Albert Friedrich, a resident of San Antonio
for over fifty years, testified that Grace could get a fair trial.

oe ™~ he

J. Ed. Wilkins testified he was an attorney and had been for a
number of years and was of the opinion that Grace could not get a
fair trial.

The defense then offered in evidence an article in the San An-
tonio News with large type “Attempt to shoot Negro Grace was
made by white woman’s husband at trial.”

Bryan Mauerman, born and raised in San Antonio, Al S. Mussey,
Chief of Police, H. J. Proudfoot, City Policeman, Dan Lewis, Jack
Neal, a business man, S. D. Hopkins, attorney for over 10 years,
Judge J. F. Curl, Tom H. Ridgeway, attorney since 1902 and later
State Senator, John H. Porter, Sr., business man for 25 years; Ed.
Hunt, John R. Storms, attorney at law, L. W. Greenley, attorney at
law, all testified Grace could get a fair trial.

ouenennemsser-epinmne-nere ee

H. T. Herndon had lived in San Antonio for thirty-eight years
and was a solicitor for a wholesale grocery house; William F. Schultz,
a resident of Bexar County for twenty-eight years and in the real
estate business, Joe Shine, solicitor for a wholesale grocery com-
pany and a resident of San Antonio for forty-four years, Adolph
Hernandez, a resident of San Antonio for fifty vears were all of the
opinion that Grace could not get a fair trial. A motion was filed by the defendant that the detective who
took his voluntary confession led him to believe that a mob was

gathering to attempt to lynch him.

snaatrenttnea anes omnes

H. L. Steele, circulation manager of the San Antonio Light
testified its circulation in San Antonio was 13,000 and 15,900 includ-
ing the county. The jail was on the third floor of the Police Headquarters at the
~ , , Southwest corner of Market and St. Mary’s Street. The central
_ C. ia Chambers, later bo become Mayor and former District fire sistran muni imal ‘ouch oo ‘ce and fire repair garage and Mili-
Attorney, said the case was prejudged. ary police were in the same !xniding. The fire department had a

183 184

en ns
_etrneennnesentaemrpersmnaparenae:

——
proeny

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority
of the Associated Press. ,

Killer Executed In Texas

HUNTSVILLE, Texas (AP) -- A man who confessed to hacking seven
people with a butcher knife in two murderous rampages more than 21
years ago was executed Tuesday evening.

Kenneth Granviel, 45, was executed by injection for the fatal
stabbing of a 2-year-old girl. He had tied and gagged her and the other
four members of her family, then stabbed them all with a butcher knife.

Granviel, who declined to give a last statement, gasped three times
and was pronounced dead at 6:20 p.m., eight minutes after the lethal
drugs began flowing into his arma. |

The former machinist alsa confessed to five rapes, olednitiy that
uncontrollable sexual urges 2 euneas the rape and murder sprees.

Defense attorneys argued he should not have been executed because he
was mentally incoupaeene and because the state failed to provide for a
defense psychiatrist at his trial, where he raised an insanity defense.

Granviel, who spent. 20 years and three months on death row, was
longest-serving condemned inmate in Texas to finally be executed.

Granviel originally was scheduled to become the staté’s first _
prisoner to be executed by lethal injection in September 1977. The date
was blocked as lawyers. challenged the constitutionality of the then-new
execution method. Since. Chena: 105 convicted killers have gone to Texas’
death chamber.

Granviel was. tried only for the murder of 2-year- old Natasha
McClendon, who was stabbed to death along with her mother and three __
other relatives in Fort Woren on Oct. 7, (1974. Bach was stabbed with a
butcher knife. |

Granviel, a family Sripads ‘gaid he couldn’t stop himself from
killing the girl. "I. could see it happening, but there was nothing I
could do about it," he testified. "I could see myself stabbing this
little girl I used to play with, I used to buy candy for,"

Granviel surrendered to police on Feb. 8, 1975, after raping a woman
and abducting another and. holding several people hostage at a Fort
Worth house. He later admitted to killing two female friends who had
been raped and stabbed wae a knife. ASS AE ae led police ee thes
bodies. ac la) ey

FW man
executed in
Huntsville

‘Continued from Page 19A.

1974, and two other women just
‘hours before turning himself. He

later pleaded not guilty by reason of _

insanity.

In a written confession to police,
Mr. Granviel said, “While | was
driving around the block, I got this
urge to have sex.” -

‘Mr. Granviel told police that he
raped. Martha and Laura McClen-
don and repeatedly stabbed all of
his victims. The other victims, Vera
Hill and Betty Williams, were raped
and Stabbed at Mr. Granviel’s East

Fort Worth apartment on Feb. 8,

——- -

1975, a few hours before the killer’s
pastor talked him into turning him-
Sself_in to police.

Mr. Cave, now a Fort Worth de-
fense attorney, remembers Mr.

Granviel as a person with no con-
science.

“His demeanor was pretty much
one of a sort of detachment and
cunning,” Mr. Cave said. “His atti-
‘tude was that this would not have
‘happened had the women given in
to his demands.”
| Attorneys for Mr. Granviel con-
‘tended the inmate should not be
executed because he was mentally
incompetent. They also argued the
| State improperly failed to provide a
defense psychiatrist at Mr. Gran-
! viel’s trial. .

Before Tuesday's execution, Mr.
| Granviel’s case had been to the US.
Supreme Court four times during
the long appeal process. There were
eight appeals over the years in the
‘State courts, according to the Tar-
irant County district attorney’s of-
jfice. ‘ .
' Greg Pipes, a Tarrant County as-
“sistant district attorney who prose-
cuted. Mr. Granviel, said Tuesday
that despite the case’s more than
two-decade duration, he believes
that it's another example of the
death penalty being a deterrent to
murder.

“There’s no doubt in my mind,”
Mr. Pipes told The Associated Press
Tuesday. “People do make decisions -
about. their own lives with that in
mind. We've had no repeat offend-

ers. That’s kind of base and over-
‘simplified, but it is the truth.”

~ «Mr, Granviel was scheduled to
, become the state’s first prisoner to
_be executed by injection in Septem-
ber 1977. His execution date, howev-
er, was blocked as defense attor-
neys challenged the
constitutionality of the then-new
execution method. Since then, 105
convicted killers have gone to the
Texas death chamber.

‘In 1981, Mr. Granviel’s convic-

. tion was overturned by the Sth U.S.

Circuit Court of Appeals. He was
retried two years later, convicted
and again sentenced to death.

: Killer execute
after 20 years
on death row

FW man confessed to 7 slayings

_ By Jason Sickles tried, with killing four of Natasha's
| Staff Writer of The Dallas Morning News family members and two other

| A former Fort Worth machinist Women.

"and church deacon was executed by

injection Tuesday night, more than
20 years after confessing to fatally
stabbing five women and two chil-

_ dren because of what he described
as sexual urges.

Kenneth Granviel, 45, was pro-

nounced dead eight minutes after

the lethal drugs began flowing into

| his arms at the death chamber in

Huntsville, Texas. He had no last

' words and gasped three times be-

fore dying at 6:20 p.m.

Only two other men have been
on the 420-person death row longer
than Mr. Granviel. The Vietnam
veteran was executed for fatally
stabbing 2-year-old Natasha McClen-
don. He was also charged, but never

“I never forgot the case,” he said.
“The viciousness of it, and the
senselessness of it ... he pulled a
telephone cord out of the wall and
wrapped it around Natasha's neck
and then repeatedly stabbed her.
That gets to you.” |

When he surrendered to Fort
Worth police in February 1975, Mr.
Granviel told authorities that he
killed the McClendon family, which
he was acquainted with, on Oct. 7,

Please see FW MAN on Page 24A.

DALLAS MoRNING NEWS
WED. 2-28°F%

GRAHAM, Harry, black, hanged at Daingerfield, Texas, June 9, 1893.
THE CRIME,
"The crime for which Graham was hanged was one of the most horrible ever committed in
this county. He had been in a shooting scrape in Titus County and papers were sent to
Officer F, M, Leadbetter to arrest him, as he had skipped over into this county.
"Leadbetter found him near the depot in Omaha, but the negro fled, The officer, in
company with another, gave chase for about 3 miles, when Leadbetter found him in a
negro house, put his hand on him and told him to consider himself under arrest. The
negro turned around and without warning, fired with a pistol, striking Leadbetter in the
face, from the effects of which he died in a few hours,
"Officer McCurlee was near the house, heard the shot and was advancing with quickened
steps when the negro got a shotgun out of the house, stood him off, and escaped to the
woods, He footed it to Mount Pleasant, got on the blind baggage and made his way to
Cammerce, where officers were on the lookout for him, They undertook to arrest him,
when he again fled, and was not captured until he was badly shot. After he was down,
he tried to use his ever ready pistol. He was put in the Pittsburg jail, recovered and
has been there since, He was brought here for trial and played crazy throughout the
trial, but when told that an expert on brain trouble had been sent for, that if he was
not crazy, to say sO, he came too at once and was promptly sentenced.
GRAHAM INTERVIEWED.
"Graham was brought here yesterday and put in jail. A NEW reporter called on him last
night at 9:30 o'clock and found him singing and walking the floor. No other prisoner
was in the jail. The reporter was ddmitted and spoke to him, Graham answered promptly,
was very cheerful and in good spirits. When asked if he had any statement to make he
said: 'I am not guilty. I did not kill F, M, Leadbetter,' and named the party who he
alleges did the killing,
"tHarry, do you know this is your last night on earth, and is this true?' the reporter
asked,
"'Yes, sir, this is the truth. I know I can not enter the kingdom of heaven with a lie on
my lips, and 1 feetl that I have madepeace with my God and will go straight to heaven,
I am not afraid to die. I may get a little rattled tomorrow when I walk up the steps te
the gallows, butI will die like a man, I saw the gallows today as i passed on the
train, 1t was the first one I ever saw. I would rather be shot than strangled to death,
but I think thegallows here will be okay,'"
THE EXECUTION,
"Daingerfield, Tex., June 9, 1893-The day opened bright and clear and a large crowd ga-
thered in from all parts of the country, Harrggx Graham was brought dyer from the jail
to thescaffold at 2:30 and given a chance to talk, He called on all his relatives and bid
them farewell, He admonished his friends, both white and black, to do better, He then
made a rambling talk in a trembling voice, begging more time to talk until he was made
to sit dwn, Two negro preachers then made a short talk and had prayers, They told
him if he was guilty to confess it. He did not confess or deny it. He had to be
held up on thetrap, It was sprung at 3:30 with a clear fall of 7 feet. He wasn't
pronounced dead until l o'clock, living 20 minutes," DAILY NEWS, Galveston, Texas,
Saturday, June 10, 1893 (he7).

Killer of 7 Executed

After a 20-Year Stay ——
_... .. On Texas Death Row

HUNTSVILLE, Tex., Feb. 27 (AP)
— A man who confessed to killing
seven people, including a 2-year-old
girl, by stabbing them with a butcher
knife in two murderous rampages
more than 21 years ago, was execut-
ed here this evening.

The man, Kenneth Granviel, 45,
was executed by injection for the

- fatal stabbing of the girl. He had tied

and gagged her and four members of
her family, then stabbed them all
with a butcher knife.

Mr. Granviel, a former machinist,
declined to give a last statement. He
was pronounced dead at 6:20 P.M.,
eight minutes after the lethal drugs

. began flowing into his arms.

Defense lawyers argued that Mr.
Granviel should not have been exe-

“> cuted because he was mentally in-

competent and because the state
failed to provide for a defense psy-

chiatrist at his trial, at which he

raised an insanity defense.
He was tried only for the murder

“of 2-year-old Natasha McClendon,

who was stabbed to death along with

-her mother and three other relatives

in Fort Worth on Oct. 7, 1974.
Mr. Granviel, a family friend, said

‘he could not stop himself from killing

Natasha. “I could see it happening,

_but there: was nothing I could do

about it,’ he testified. ‘‘i couid see
myself stabbing this little girl I used

- to play with, I used to buy candy for.”’

He surrendered to the police on
Feb. 8, 1975, after raping a woman

‘and abducting another and holding

several people hostage at a house in

_ Fort Worth. He later admitted killing

two female friends who had been
raped and stabbed with a knife.

Mr. Granviel, who spent 20 years
and three months on death row, was
the longest-serving condemned _in-

’ mate in Texas to be executed.

He was originally scheduled to be-
come the state’s first prisoner to be
executed by lethal injection in Sep-
tember 1977. The date was blocked
as lawyers challenged the constitu-
tionality of the then-new execution
method. Since then, 105 convicted
killers have been executed in Texas.

epsom:

ee ee TE Tre rar we neceaesT ey sine eae
ee rs ¥, a SPORE. “ one ~ ee 2 wy
Be ne: a SRAM Daan

Texas executes
convicted killer

©
HUNTSVILLE, Texas —Aman &
who confessed to hacking seven -
people with a butcher knife in two ha
murderous rampages more than >
21 years ago was executed Tues- ©
P| p82gs day evening. =
< S822 Kenneth Granviel, 45, was exe- @
Saas s2 cuted by injection for the fatal stab- +
tater: bing of a 2-year-old girl. He had =
somes tied and gagged her and the other |
BS° S202 four members of her family, then ®
BCs Mis stabbed them all with a butcher s
G2 28O5 knife. | 2
SSOP S _.» Granviel, who declined to give a | =
g°O958e ‘last statement, gasped three times |
Popeye “and was pronounced dead at 6:20 &
Qo >0 sf p.m., eight minutes after the lethal | 3
7. ao ‘sq & drugs began flowing into his arms. |
hd bo The former machinist alsocon- 3 ff a
2 OB sv fessed to five rapes, claiming that one
uncontrollable sexual urges S 0
Seon * prompted the rape and murder » e ae
s > ae sprees. ™ ae)
“’S8 a © Fe
| P38 o é &
e385 a
~S oS E ~ om
sj eas 21
\ Mss :
So] @ SBCE = 4
‘as fC PD} a?
0lU NOUS 3 — arr,
\ p Fees | =
5 SPxs Ko)
CM) § BeBe D
' g os op)
< BAE ere *
re: = > .
= Saag, 8
=| ge gz0se & we
| = 3 acess 5 :
OF S5on5 & WwW Multiple murderer
7 - Ef 35 . |
=F giges = | executed in Texas
= == asies & — HUNTSVILLE, TEXAS More than 21
D Patso oO *| years after confessing to stabbi
= oS Sas Tp) g to stabbing seven
& & 2 Bon y * |. people to death, Texas’ longest-serving
ge o.= g KE Ro ra 4 condemned inmate went quietly to his
S ms Pj 2 & £ Bo > uu < a execution by injection.
= _— 3 ‘en Bos ra o | <= F Kenneth Granviel, 45, uttered a
S) ma ~~ é Beas 5) — “| quick and emphatic “No” when asked
> = Ct) Eo, ae = | & @| whether he had any last words Tuesday
= * i b> 5 | fe * 5 night before the drugs flowed into his
S BRSeo' F “|| arm. |
oO 1 ee Q eS 1 7 Le Granviel, who also confessed to five
§ a S 3 Q 8 =|| rapes, claimed uncontrollable sexual
5 ADgoOye | Z|} urges were at the root of his crimes.
> SZRO | Pal He was convicted only for the mur-
| x der of 2-year-old Natasha McClendon,

who was stabbed to death along with her
mother and three other relatives in Fort
Worth in 1974. Each was stabbed with a
butcher knife.

San
A-12 We

Killer executed in Texas

UNTSVILLE, Texas — A

man who confessed to
hacking seven people with a
butcher knife in two murderous
rampages mcre than 21 years
ago was executed Tuesday even-
ing.
Kenneth Granviel, 45, was ex-
ecuted by injection for the fatal
stabbing of a 2-year-old girl in
1974. He had tied and gagged
her and the other four members
of her family, then stabbed them
all with a butcher knife.

Granviel, who declined to give

a last, statement, gasped three
times:and was pronounced dead |
at-6:20 p.m., eight minutes after
thé-Jethal drugs began flowing
infe is arms.

Texas bed mf “AF -4(,
Man is executed after

20 years on death row

HUNTSVILLE, Texas —,A man
who confessed to hacking seven peo-
ple with a butcher knife in two mur-

Contra Coste
CA TIMES

derous rampages more than 21 years
ago was executed Tuesday evening.

Kenneth Granviel, 45, who spent
20 years and three months on death
row, was the longest-serving con-
demned inmate in Texas to finally
be executed.

Granviel originally was scheduled
to become the state’s first prisoner
to be executed by lethal injection in
September 1977. The date was
blocked as lawyers challenged the
constitutionality of the then-new ex-
ecution method.

: The Sacramento Bee_@ Wednesday, February 28, 1996 C4 o

Multiple murderer —
executed in Texas
HUNTSVILLE, TEXAS More than 21

years after confessing to stabbing seven
people to death, Texas’ longest-serving
condemned inmate went quietly to his
execution by injection.

Kenneth Granviel, 45, uttered a
quick and emphatic “No” when asked
whether he had any last words Tuesday
night before the drugs flowed into his
arm.

Granviel, who also confessed to five
rapes, claimed uncontrollable sexual
urges were at the root of his crimes.

He was convicted only for the mur-
der of 2-year-old Natasha McClendon,
who was stabbed to death along with her
mother and three other relatives in Fort
Worth in 1974. Each was stabbed with a
butcher knife.

Compiled from Examiner wire reports

¥ HX 9661 BZ Aemqe4 ‘Aepsoupayy ZT-¥
Yani Wwoxy wA4 we

Lae

» EXECUTION: Texas executed Kenneth Gran-
viel, 45, by injection for the 1974 murder of Natasha
McClendon, 2, in a Fort Worth apartment. Granviel
gaid uncontrollable urges led him to hack to death sev-
‘en people and rape five in two attacks.

6A * WEDNESDAY, FEBRUARY 28, 1996 - USA TODAY

yee ee

WORLD-NATION

who admitted killing
seven people, five of

attempt to block his exe-

viel, 41, faced execution

oday

| by injection early t

girl, one of five people

TEXAS EXECUTION: A death row inmate

| them family members,
,| was examined by a psy-
1 chiatrist in a last-minute

‘| cution. Kenneth Gran-

Jj for killing a 2-year-o

Granviel

in Fort Worth. A7

mom eee owe —

killed on Oct. 7, 1974,

HUNTSVILLE, Texas (AP)'+-'A death row inmate

who admitted killing seven people,,fiye ‘of them family

members, was examined by a psy: [7
chiatrist Wednesday in a last-miput >| pag
attempt to block his executiori: |” 4 ;

Kenneth Granviel, 41, facedex-, |
ecution by injection early Thursday.}'¥
for killing a 2-year-old girl, one of :
five people killed on Oct. 7, 1974; ih |
Fort Worth. rN |

He would be the ninth convicted } |

killer executed in Texas this

highest in the nation.

Defense lawyers filed a petition before a federal
judge in Fort Worth contending Granviel was insane
and led a “‘lifetime of trauma’’ due to paranoid
schizophrenia. They also argued jurors were not
allowed to consider Granviel’s mental problems before
they sentenced him to death.

State attorneys sent a psychiatrist to Granviel’s
prison cell for the examination. Peggy Griffey, an
assistant state attorney general, said it did not appear
the former machinist could be disqualified from execu-
tion. Prosecutors long have contended Granviel was

the then-new execution method.

In 1981, his conviction was overturned by the 5th
U.S. Circuit Court of Appeals in New Orleans. He was
retried two years later, convicted and again sentenced
to death.

“The state’s experts have said all along that he’s
competent,” Wilkinson said.

Confesset

‘
¥ a

Che Bakersfield Californian

- Geanyiel
sare by far the

competent.
Granviel’s attorneys were considering appeals to

Pee
Granviel confessed to killing seven people — five of
them members of the same family — during four

months of 1974 and 1975. He was tried for the murder of
2-year-old Natasha McClendon, who was stabbed to
death along with her mother and three other relatives
in Fort Worth. Each was stabbed with a butcher knife.

Granviel said he killed the girl ‘‘because she
started hollering and somebody was beating on the
front door.”’

“T could see it happening, but there was nothing I
could do about it,” he said during his trial. “‘I could see
myself stabbing this little girl I used to play with, I
used to buy candy for.”

Thurs., June 4, 1992 A7

to block execution by Texas

eee ons

TEXAS
PRESS CLIPPING BUREAU
DALLAS
Established 1910

= Paso, TX
Times

Cir. D. 65,417)

30 JUN §992

Court denies death

row inmate’s appeal

WASHINGTON — The -
Supreme Court Monday’
turned down an appeal by .

- Texas °
. | death row
_}sinma
| Kénneth

Granviel,
who
prosecu-
¢:| tors say

| murdered
* | seven

#1 people
Granviel during a
Fort’ Worth killing spree 18 . =
years ago: The justices, » |
without comment, let:stand
rulings that Granviel received. |
a fair trial and proper |
sentence. | |

The high court earlier this |
month ordered Granviel’s’:
execution postponed until it
had a chance to consider gne _
of his two pending appeals. It”
raised a challenge to his ©
being forced to prove his
incompetence to stand trial
even after three
court-appointed experts
testified that he was too
mentally ill.

Granviel, 41, had been
scheduled to die dune 3. He
was convicted of. killing. .
2-year-old Natasha ="
McClendon, one of five family
members slain Oct. 7,1974.°°
Two other women were killed |
in Fort Worth four months - |

later. *' _—

“a re a es al ata ha

nC nahin!

mber intercom malfunctions

2d-faced
sambled
hamber

rked so
Tuesday
itture for

2ssion of
na” Duff-

tem will
iday*and
‘there is

Depart-
»kesman

', used 60
ijections
ocutions
fitted in
1 double

layer of plexiglass to separate wit-
nesses from the inmate strapped to a
gurney.

Previously, up to two dozen exe-
cution witnesses, including five re-
porters, five friends or relatives of
the convict and various officials,
were separated from the condemned
man only by jail bars.

The new shield, which prison
spokesmen described as a security
and safety measure, prevents wit-
nesses from hearing the inmate, so
an intercom system was installed to
pick up the prisoner’s last words.

Security has never been a prob-
lem in the death chamber during in-
jections. No witness has ever tried to
pass something through the bars and
no inmate ever has ever tried to
lunge at the witnesses.

The only glitch occurred several
years ago when a needle carrying

the drugs came out of the arm of the
condemned man as_ witnesses
watched. Prison officials quickly
pulled a curtain to block the view of '
the scene, reinserted the needle,
pulled back the curtain and resumed
the execution. None of the lethal so-
lutions reached the witnesses.

When Mr. Duff-Smith was asked
by Warden Jack Pursley for his final!
words, the inmate’s comments as;

‘transmitted over a tiny wall-:

mounted speaker were distorted, in
some cases inaudible and inter-
rupted by a continuous buzz.

Reporters had to compare notes to
assure each other that Mr. Duff-
Smith had confessed to arranging
the. killings of his mother, sister,
brother-in-law and infant nephew to
collect thousands of dollars in inher-
itance.

DALLAS MORNING NEWS

‘to Death in Texas;

Executed in Georgia

y The Associated Press

oment,
having
latives
1e was
n Tex-
; moth-

ceman
fonday
outting
ushing

1 Duff-
ce just

before he was executed. ‘‘] am the low
sinner of sinners,’’ he said as he lay on
a gurney, needles in his arms. “I am
responsible for the ’75 and ‘79 cases.”

Mr. Duff-Smith was convicted of ar- :

ranging the murder of his adoptive
mother, Gertrude Duff-Smith Zabolio,
at her home in Houston’s exclusive
River Oaks neighborhood in 1975. He
was found guilty of paying $10,000 to
Allen Wayne Janecka to strangle Mrs.

Zabolio, 57, and. make her death look _

like a suicide.
Squanders His Inheritance

The authorities said Mr. Duff-Smith :

squandered his $90,000 inheritance and
in 1979 sought out Mr. Janecka again to
kill his adoptive sister, her husband
and their son so he could collect up to
$500,000 of their inheritance.

Mr. Duff-Smith, who got part of the
money, was Charged but never tried in
the three slayings and had denied any
role in the crime until just before his
execution.

Late Monday, the Supreme Court
unanimously refused to block his exe-
cution.

Mr. Janecka was convicted of mur-
der in the death of Mr. Duff-Smith’s
nephew, but the decision was reversed
on appeal and he is awaiting retrial.
Mr. Janecka has been indicted in the
slaying of Mrs. Zabolio.

In Georgia, Thomas Dean Stevens,
36. a former soldier who had been
stationed at Fort Stewart, was put to
death at the state prison at Jackson for

sated Press, 1987

Markham Duff-Smith

was moonlighting as a cab driver. Mr.
Honeycutt was robbed of $16, sodo-
mized and locked in his cab’s trunk. He
drowned when Mr. Stevens and an-
other soldier pushed the car into the
pit.

The Supreme Court had rejected two!
late-hour appeals.

The other soldier convicted in the
Slaying, Christopher Burger. is await-
ing execution. |

Lawyers for Mr. Stevens had argued !
that his life should be spared because
he was retarded. But Tommy Morris,
acting chairman of the Georgia Board
of Pardons and Paroles, said the board
gave little credence to claims of retar-
dation because earlier tests of Mr. Sre-.

Ruling may
allow appeals
by 2 killers

From Staff and Wire Reports

The U.S. Supreme Court has
paved the way for new appeals in
the cases of two notorious con-
victed Texas killers, Henry Lee Lu-
cas and Kenneth Granviel.

The state’s highest appeals court
could order new trials or uphold
the convictions and open the possi-
bility of new appeals.

Mr. Lucas once claimed that he
had killed 600 people in 26 states. He
later recanted all the confessions
except for the 1960 slaying of his
mother in Michigan.

He was convicted in the 1979
slaying of an unidentified woman
known as “Orange Socks” for the
only items of clothing found on the
body. She was found strangled near
Georgetown, north of Austin.

Mr. Lucas contends that he was
in Florida at the time working as a
roofer at an air base.

Mr. Granviel faced a June 4 exe-
cution for killing 2-year-old Natasha
McClendon on Oct. 7, 1974, in Fort
Worth.

He surrendered to police Feb. 8.
1975S, after raping a woman, abduct-
ing another and holding several
hostages at a Fort Worth house. He
later admitted killing two friends.

AzdZ: wed.

TUNE 30,
IS93

i PIF SAFI FSS FF

SY
3
i
3

5
x
f

Killer scheduled for
execution today
HUNTSVILLE, Texas — A
death row inmate who

admitted killing seven people,
five of them family members,

was examined

by a

psychiatrist Wednesday in a !
last-minute attempt to block
his execution. |

Kenneth Granviel, 41, faced |
execution by injection early

today for killing a
girl, one of five people

2-year-old
killed

Oct. 7, 1974, in Fort Worth.
He would be the ninth

convicted killer executed in
Texas this year.

TEXAS
PRESS CLIPPING BUREAU
DALLAS
Established 1910

SAN ANTONIO, TX

Light
Cir. D. 186,777

30 JUN 1992

, WASHINGTON
(AP) = The. Su-
preme Court on
|. :Monday.. turned
|: ‘down an appeal by
| "Texas Death Row
“ee inmate Kenneth
Gfanviel; who prosecutors say
murdered seven. people during a
Fort Worth’ killing spree 18 years
ago. et a ee % eo ee °
_ The justices, without comment,
let stand rulings that Granviel re-
ceived a fair trial and proper

—-

The high court earlier this month
ordered Granviel’s executiorr post-
poned until it had a chance to con-
sider one of his. two pending

appeals. . * : Werte Vee es
It raised a challenge to his being
forced to: prove- his incompetence

to stand trial even after three

court-appointed experts testified

that:he was. too: mentally. ill. That:

was the appeal rejected Monday.

~~ The justices last week ruled in a

California case that defendants

may be. forced to prove their
incompetence.

" Granviel’s other appeal, which is

Inmate on Death Row loses appeal

pending before the nation’s highest
court, raises the same issue the jus- |
tices agreed on, June 8 to. study in
the case of Death Row inmate Gary
Graham:- whether.a since-changed
provision of Texas’. death-penalty
law unfairly limited how jurors.

consider mitigating evidence.

A decision’ in Graham's case is
expected sometime in 1993.

"Granviel, 41, had been scheduled

to die June 3 before the justices or-

dered his execution ‘postponed. _

TEXAS
PRESS CLIPPING BUREAU
DALLAS
Established 1910

Dallas, TX
Morning News
(Cir. M. 317,279)

Ih Ins D882

Death row inmate

in Texas loses appeal |
Granviel convicted of killing 7 in FW in ’70s

Associated Press UG

WASHINGTON — The Supreme
Court on Monday turned down an
appeal by Texas death row inmate
Kenneth Granviel, who was con-
victed of murdering seven people
during a Fort Worth killing spree 18
years ago.

The justices, without comment,
let stand rulings that Mr. Granviel

received a fair trial and proper sen-

tence.

The high court this month or-

dered Mr. Granviel’s execution
postponed until it had a chance to
consider his two appeals.

The appeal rejected Monday
raised a challenge to his being
forced to prove his incompetence to
stand trial even after three court-
appointed experts testified that he
was too mentally ill. The justices
last week ruled in a California case
that defendants may be forced to
prove their incompetence. .

Mr. Granviel’s other appeal,

which is pending before the na-

tion’s highest court, raises the same
issue that the justices agreed June 8
to study in the case of death row in-

mate Gary Graham — whether a:

since-changed provision of Texas’

, death-penalty law unfairly limited

™@ Abortion decision. 180A

@ Other cases. 3,26A

how jurors consider mitigating evi-
dence.
A decision in Mr. Graham’ 8 case

_ is expected in 1993.

Mr. Granviel, 41, had been sched-
uled to die June 3 before the jus
tices ordered his execution. post-

poned.
The former machinist confessed

to. killing seven people — five of
them members of the same family

a - during four months of 1974 and
1975. He was tried for the slaying of
2-year-old Natasha McClendon, who
was stabbed to death along with her
mother, Martha, and three other
relatives at an apartment complex
in Fort Worth on Oct. 7, 1974. Each
had been stabbed with ‘a butcher
knife.

He said he killed the girl “be.
cause she started hollering and
somebody was beating on the front
door.” '
He contended that uncontfoll-
able sexual urges forced him: into
therape-murder spree. _—s ++:
~ Mr. Granviel, accompanied bya
clergyman, surrendered to police
Feb. 8, 1975. ‘

_Son Antonio EXPRESS. ‘NEWS - — ~ Saturday, May 25, 1985

en, nea & Twin,

Tic

. TION |

HOUSTON: (AP): — Two federal
- judges -Friday. issued stays to death .

‘row inmates:G.W. Green and Johnny .

Frank Garrett, scheduled to die by
lethal injection next week.

- Attorneys must prove. objections

never vote for. a death sentence.
: Black seta is une 14 hearing date.

ett Ind. Park

eUBEIDAINTN.

U. S. Federal Judge Norman

Black granted Garrett a stay ajfter.

this attorneys challenged: the dis-
missal of three jurors who said in the

selection shptage that they could

Garrett, 21, is convicted of the 1981
raping and beating’ to death 76-year-
old Sister Tadea } Benz in Amarillo.

-Garrett’s attorneys also contested -
the lack of a blood test on semen

taken.from the slain woman to deter-
mine that it was Garrett’s.

ame. Parlier-Friday;-the state Court: of:
Criminal Appeals rejected Garrett's

case.

- a one-page decision, gave Green's at-
torneys 20 days to file Secus

US. District Judge Carl O. Bue, in,

DC. death_row. ere | stays

support their objections to the
death sentence. The state then will

have 30 days to respond, Bue said. .

PEN N MEMORIAL DAY ‘WEEKEND FOR YOUR

2 Plonts & Accessories. Ask ony of our
tified Norserymen ot ony one of our 7
how fo Xeriscape. successfully. Choose &
2 & other popular low maintenance —_ r
create on attractive, colorful ee a. =

HADE TREES
PISTACHE-tind fe

OPEN ALL DAY MONDAY fe

it
SHRUBS &

Reg. $3. 9
CRAPE MYRTLE

Soon to be blooming off over town. Choose from W, o |:
termelon Red, Pink, White or Purple. 1 gal cons. 9:
Recommended bor Laracopas by the Texos Department

a hale

(Cio od berg Bis copes} (Coupon expires Moy 27)

“ . * |
(sREE as a Np J Co)

After 15 years and 2 executions...

JUSTICE FOR
DEPUTY JOHN:

by BARTEE HAILE

or Wayne Carswell the work week was Officially over

the moment the headlights of his truck lit up the fa-

miliar road sign. One more mile to his exit and an-
other ten miles to his dream home in the woods.

When Carswell moved to Stage-
coach, a small rural community north
of Houston, his friends and relatives
thought he had lost his mind. What
rational person would give up the
modern conveniences of big-city life
for the boredom of the boondocks
and a two-hour commute?

Carswell took the good-natured
kidding in stride, as well as the long
drive each day to his job. He was
more than happy to trade the crowds
and crime of the urban jungle for the
peace and quiet of his safe sanctu-
ary in the pines.

Carswell worked late on Friday,

The face of a dead man,

November 19, 1976, and did not get
home until half past eight. Too tired
to fix dinner, he grabbed a beer from
the refrigerator and plopped down on
the couch. If he revived in time, he
might cook himself a nice, juicy
steak.

But he dozed off, as usual, with the
beer can balanced on his knee. A
woman's piercing scream suddenly
interrupted his cat nap spilling the
contents of the can in his lap.

Brushing the beer off his pants,
Carswell staggered toward the door.
“Keep your shirt on!” he yelled grog-
gily. “I’m coming.”

G.W. Green (left) after being
sentenced to execution. He was defiant to the end.

Johnny Carl

Murder victim
Denson, slain in his home.

The spectacle on his front porch
instantly brought him to his senses.
Grace Denson was clutching her
young daughter Susan and scream-
ing, “Wayne! Help us! Please, help
us!”

“What’s wrong?” he asked taking
her by the arm and gently leading
her into the house.

“My husband! They shot Johnny!”

Unable to obtain more information
from the hysterical woman, Carswell
rushed next door. “Something has
happened at the Densons,” he told
neighbor Ross Bayer. “Grace says
Johnny’s been shot.”

“You stay with them and call the
sheriff,” Bayer said calmly. “I'll get
my gun and go check it out.”

Bayer cautiously approached the
Denson residence with pistol in hand.
He quietly cocked the revolver and

Glenn E
drew a!
still bei

squeezed past th
entrance hall.
“Johnny?” Bay
was no reply. ©
froma televisio
he did not hear
Bayer picked
dining area avo
and knocked-ov
body had torn th
it in shambles.
They had left
the man of the |
less on the ki!
forced himself t
but Johnny Den
As if finding
traumatic enoug’
had an even bis
In a matter of d
that his own bro
for the suggest
senseless slaugh
A part-time c
and full-time
Richard Wall s
drinking and po}
buddies. As the
four petty crir
money for a ca:
er round of Qu:
“Hell!” snort
Green, the ol«
counted the lo
not enough her
“Aren't we a
laws?” joked Jc
gi, alias Joey ‘
the youngest.
Glenn Earl \
in his late twen
that right, Joe:
ready to do so!

Kooacuterc 11E2

OL! APP

URGENT ACTION PROGRAM OFFICE « P.O. Box 1270 « Nederland, CO 80466-1270 + 303-440-0913 « FAX: 303-258-7881
UA 395/91 Death Penalty 13 November 1991

USA (Texas) G.W. Green

Amnesty International has just learned that Mr G.W. Green was executed by
lethal injection in the state of Texas on 11 November 1991. Mr Green,
white, aged 59, was sentenced to death in 1977 for the murder of Deputy
Sheriff John C Denson, white, during a robbery in November 1976.

Amnesty International opposes the death penalty in all cases as a violation
of the right to life and the right not to be subjected to cruel, inhuman
and degrading treatment or punishment, as proclaimed in the Universal
Declaration of Human Rights. 7

RECOMMENDED ACTION: Telegrams/telexes/faxes/express and airmail letters:
- expressing regret at Mr Green’s execution.

APPEALS TO [Salutation]

The Honourable Ann Richards [Dear Governor ]

Governor of Texas (Telexes: 910 874 1340)
Office of the Governor (Telephone: 1 512 463 2000)
PO Box 12428 (Faxes: 1 512 463 1849)
Austin, TX 78711 (Telegrams: Governor Richards, Austin, Texas 78711)

PLEASE SEND APPEALS IMMEDIATELY.

13 November 1991
Further information on EXTRA 77/91 (7 November 1991) - Death Penalty

USA (Florida): Leo JONES

Amnesty International has just learnt that Leo Jones has received a stay o
execution until 15 November 1991. Oral arguments on the case are scheduled
to be heard in Florida’s Supreme Court on 14 November 1991. However, it is

likely that the execution will be rescheduled for 15 November 1991 or soon
after.

Leo Jones was scheduled to have been executed by electrocution in the state
of Florida on 13 November 1991. He was sentenced to death in November 1981
for the murder of a white police officer in May 1981. The reason for the
stay is not know to Amnesty International.

FURTHER RECOMMENDED ACTION: telegrams/telephone calls/faxes:

- urging Governor Chiles to grant clemency to Leo Jones by commuting his
death sentence.

APPEALS TO: [Salutation]

The Honourable Lawton Chiles [Dear Governor ]

Governor of Florida (Fax: 1 904 487 0801)
State Capitol (Telegrams: Governor Chiles, Tallahassee, FL 32399-0001)
Tallahassee, FL 32399-0001 (Tel: 1 904 488 2271)

PLEASE SEND APPEALS IMMEDIATELY. Check with the Colorado office between

9:00 am and 6:00 pm, Mountain Time, weekdays only, if sending appeals after
November 27, 1991.

1 Johnny Carl
1 in his home.

dn his front porch
him to his senses.
vas clutching her
susan and scream-
lp us! Please, help

” he asked taking
ind gently leading

They shot Johnny!”
n more information
al woman, Carswell
r. “Something has
Densons,” he told
sayer. “Grace says
ot.”

them and call the
iid calmly. “Ill get
heck it out.”
‘ly approached the
with pistol in hand.
‘d the revolver and

EF oa Te

Glenn Earl Martin
drew a life term, is
still behind bars.

squeezed past the open door into the
entrance hall.

“Johnny?” Bayer called out. There
was no reply. Other than the audio
from a television in the next room,
he did not hear a sound.

Bayer picked his way through the
dining area avoiding broken dishes
and knocked-over furniture. Some-
body had torn the place apart and left
it in shambles.

They had left something else —
the man of the house lying motion-
less on the kitchen floor. Bayer
forced himself to search for a pulse,
but Johnny Denson was dead.

As if finding the body was not
traumatic enough for Ross Bayer, he
had an even bigger shock in store.
In a matter of days, he would learn
that his own brother was responsible
for the suggestion that led to the
senseless slaughter in Stagecoach.

A part-time construction worker
and full-time police character,
Richard Wall spent that afternoon
drinking and popping pills with three
buddies. As the sun went down, the
four petty criminals pooled their
money for a case of beer and anoth-
er round of Quaaludes.

“Hell!” snorted 40 year-old G.W.
Green, the oldest in group, as he
counted the loose change. “There’s
not enough here for a six-pack!”

“Aren’t we a sorry bunch of out-
laws?” joked Joseph Blaine Starvag-
gi, alias Joey Starr, who at 24 was
the youngest.

Glenn Earl Martin, an ex-convict
in his late twenties, agreed. “You got
that right, Joey, and just when I’m
ready to do some serious partying.”

’Joey Starr’ Blaine
Starvaggi got the
death penalty for
being the gunman.

That was when Bayer, known on
the street as “Shadow,” spoke up. “I
know where we can make an easy
score.”

Seeing that he had his companions’
complete attention, Shadow contin-
ued. “There’s a guy that lives on my
brother’s block who’s got a nice gun
collection. We can probably get five
or six thousand for it.”

He paused to let his pals ponder
the proposition before asking, “What
do you say?”

“Let’s do it.”

“Count me in.”

“Me, too.”

Green borrowed his sister’s car and
talked an acquaintance into loaning
him a revolver. With Shadow at the
wheel, the quartet headed out of
Houston and guzzled beer all the
way to Stagecoach.

Cruising down the dark street,

G.W. Green, as he
met friends shortly
before his execution
after many appeals.

Shadow played tour guide.

“My brother lives over there, and
right here,” he announced stopping
in front of the Denson home, “is the
piggy bank.”

“Cut the damn lights!” Green
barked, and the driver swiftly
obeyed.

Three men piled out of the car, but
the fourth did not budge from the
front seat. “I can’t go in,” Shadow
whined. “They might recognize me.”

“That makes sense, and someone
needs to stay with the car,” Green
concurred. “When you see us go in-
side, Shadow, pull into the garage
and wait with the motor running.”

In the large living room of the
modest two-story home, Johnny Carl
Denson, an electrician who moon-
lighted as a juvenile probation offi-
cer, and his wife Grace had just
turned on the eight o’clock movie.

The second man to be
executed was defiant to the
very end. ‘Lock and load.
Let’s do it, man,’ he told the
warden as he entered the
death chamber. After 14
years on Death Row, he
appeared ready to pay the
ultimate price.

ee ee ee es
eee ee ee

Metadata

Containers:: Box 37 (2-Documentation of Executions), Folder 16
Resource Type:: Document
Description:: Ysidro Gonzalez executed on 1915-02-01 in Texas (TX)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: July 4, 2019

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