Dallas

TEXAS – EXECUTION TODAY 11/08/12 – Mario Swain EXECUTED 6.39 pm


Mario Swain, 33, was pronounced dead by lethal injection at 6.39 pm (0039 GMT Friday), according to the Texas Department of Criminal Justice. When asked by a warden if he had a final statement before his punishment, the condemned prisoner shook his head, closed his eyes and took several barely audible breaths.

No family members or friends of Nixon were at the execution. Swain also had no relatives among the witnesses.

November 8,2012

HUNTSVILLE, Texas — A man who was sentenced to die in the fatal beating, stabbing and strangling of an East Texas call center supervisor a decade ago displayed a pattern of obsession and violence that a former district attorney said indicated the potential of a serial killer.

Mario Swain has since lost state and federal appeals and the U.S. Supreme Court last month refused to review his case. Swain, 33, is scheduled for execution Thursday.

Worried friends alerted police when Lola Nixon didn’t show up for dinner two nights after Christmas in 2002. Officers discovered signs of forced entry at her home near Dallas — and blood throughout — but no sign of the 46-year-old woman. A neighbor said he saw a truck parked outside the night she went missing, and police traced that vehicle to a man who said his grandson, Swain, had borrowed it.

Swain gave several confessions, and said his friends had beaten Nixon while burgling her home. But those friends all had credible alibis.

Eventually he led detectives to Nixon’s body, in the backseat of an abandoned vehicle at a remote site in Gregg County. She had been beaten with a tire iron, stabbed and strangled.

“Unless you knew where you were going, you wouldn’t get there,” Lance Larison, a prosecutor at Swain’s 2004 trial, said.

Evidence indicates Nixon fiercely resisted the attack and that Swain left her bleeding in her bathtub before throwing her in the back of her BMW and driving her to the site where she was found. He then returned to her house and tried to clean up.

The tire iron was recovered from a trash container where Swain said he had thrown it. Prosecutors said Swain used Nixon’s credit cards and that he gave a piece of her jewelry to a friend.

Nixon’s blood was found on Swain’s clothing in the truck, along with her car keys and garage door opener.

At trial, prosecutors presented evidence and witnesses that showed a pattern of crimes: Swain gathered information about women he wanted to rob, then attacked them, forcing them to inhale the anesthetic halothane and hitting them over the head with a wrench or shooting them with a stun gun.

“Not only did he stalk, he started making physical assaults,” Larison said.

“Girlfriends told us he loved to watch detective shows, crime science shows, that he was fascinated by them,” he said. “He would keep lists of women’s cars and certain license plates.”

He was “a serial killer in training,” the prosecutor said.

Earlier this year, a federal appeals court rejected Swain’s appeal that argued his confessions to the slaying should not have been allowed at trial, that his lawyers were deficient and that there was a problem in jury selection. The U.S. Supreme Court three weeks ago refused to review Swain’s case. And last week the Texas Court of Criminal Appeals refused an appeal challenging an investigator’s trial testimony.

Nixon was unmarried and lived alone. She had been a supervisor at a telephone call center in Longview where Swain once worked.

Swain declined from death row to speak with reporters as his execution date neared.

His lethal injection would be the 13th this year in Texas, where two more executions are set for next week.

Time to end death penalty in Texas


april 10, source : http://www.star-telegram.com

Two events last week — one in the Connecticut Senate chamber, the other in a Dallas courtroom — helped once again to focus attention on two of the nation’s most glaring flaws: wrongful convictions and capital punishment.

In Dallas, three more men were exonerated for crimes they did not commit, bringing to 30 the total number of exonerations in Dallas County since 2001. One of the men had been sentenced to 99 years in prison for a 1994 violent purse snatching involving a 79-year-old woman.

About 1,600 miles away in Hartford, the Connecticut Senate voted 20-16 to repeal the death penalty based partly on the growing evidence of wrongful convictions and the possibility that an innocent person could be executed. The state’s House of Representatives is likely to approve the measure soon, and the governor has vowed to sign it into law.

If the measure is enacted, Connecticut will join a growing number of states (the fifth in five years) to abolish capital punishment. California voters will weigh in on the subject in a ballot initiative in November.

After the Dallas defendants were officially cleared in court, both District Attorney Craig Watkins and District Judge Lena Levario declared that it was time to have a discussion about race and justice, The Dallas Morning News reported.

Actually we need a discussion about much more than that in America.

The latest Dallas case again revealed that prosecutors withheld evidence from the defense and that police, during their initial investigation, subjected the suspects to prejudicial identification tactics. These kinds of injustices cry out for discussion.

How many innocent people are behind bars based on overzealous police work, unethical prosecution or just honest mistakes? How many might be on Death Row?

When it comes to executions, there are signs that the nation’s thirst for blood is waning, bringing some hope to those of us who have been fighting against capital punishment for so long.

Even in Texas, which has the busiest death chamber in the country, the numbers are decreasing. Texas juries are sentencing fewer people to death, and the population on Death Row is declining.

Texas executed 13 people last year, the lowest number since 1996 when three people were killed by lethal injection. In 2000, a record 40 executions occurred in the state.

Four people have been put to death this year in Huntsville, bringing the total to 481 since 1982, when Texas resumed executions after the Supreme Court had declared capital punishment “cruel and unusual” in 1972.

Today 298 people are on Texas’ Death Row, including nine women. The ethnic breakdown is 29.2 percent Anglo, 40.6 percent black, 28.5 percent Hispanic and 1.7 percent other. At the end of fiscal 2001, the Death Row population was 446.

Those are all good signs, but not good enough.

If more states continue to lead the way, maybe the Lone Star State will eventually follow. New York, New Jersey, Illinois and New Mexico recently repealed capital punishment, and The Associated Press reports that Kansas and Kentucky are considering it.

Many people acknowledge that we have a flawed justice system, and that’s understandable with any structure that depends on human judgment and actions.

But it is because of the fallibility of humans that we mortals should not be charged with deciding to take a life — the one thing we can never give back in case of a mistake — in the name of the state.

The progress toward abolishment of the death penalty has been steady, but slow. It’s now time to pick up the momentum.

I’m ready to see the movement gather steam, wage an all-out legal assault and awareness campaign to change these barbaric laws one state legislature at a time.

We are a nation that should be better than this. Let’s vow to end capital punishment in this country, now and forever.

 

TEXAS – Jesse Joe Hernandez execution – march 28, EXECUTED 6.18 p.m


Jesse Joe Hernandez received lethal injection for the slaying of Karlos Borja (10 months old) 11 years ago.

“Tell my son I love him very much,” the 47-year-old Hernandez said before being put to death. “God bless everybody. Continue to walk with God.”

“Dile a mi hijo que  le quiero mucho”, dijo  Hernández de 47 años de edad, antes de ser condenado a muerte. “Dios bendiga a todo el mundo. Continúe caminando con Dios.”

As the drugs took effect, he repeated his appreciation for those he knew who had gathered to witness the execution. “Love y’all, man,” he said. “… Thank you. I can feel it, taste it. It’s not bad.”

He took about 10 deep breaths, which grew progressively weaker until he was no longer moving. Ten minutes later, at 6:18 p.m. CDT, he was pronounced dead.

———————————————————————-

The U.S. Supreme Court this afternoon rejected Jesse Hernandez’s request for a stay of execution, a court spokesman said.

(Los EE.UU. Corte Suprema de Justicia rechazó esta tarde, Jesse Hernández solicitud de suspensión de la ejecución, comento un portavoz del tribunal.)
The high court ruling came about two hours before the 47-year-old Hernandez, who previously was convicted of a child sex offense, could be taken to the Texas death chamber for lethal injection. The justices’ order was brief and did not include an explanation for their decision.

The Texas attorney general’s office opposed any delay, questioning whether the high court even had jurisdiction in the case because constitutional claims weren’t raised earlier in state courts.

Thomas Jones, an assistant attorney general, said jurors who sent Hernandez to death row probably would not have approved of a trial strategy that attempted to shift blame for the child’s death to the doctors treating him.

“Such an argument smacks of chutzpah,” Jones told the Supreme Court.

The decision clears the way for Texas to put Hernandez to death by injecting him with a series of drugs, including one often used to euthanize family pets. It will be the fourth execution of the year in Texas, the 12th in the United States.

march, 28, 2012 sourcehttp://abclocal.go.com

HUNTSVILLE, TX — The U.S. Supreme Court is considering whether to block the scheduled execution of a convicted child sex offender condemned in the beating death of a 10-month-old boy he was babysitting at a home in Dallas.

Related Content

Forty-seven-year-old Jesse Joe Hernandez is set for lethal injection Wednesday evening in Huntsville for the slaying of Karlos Borjas 11 years ago.

The child was brought to a Dallas hospital in April 2001 with a skull fracture and bruises to his head, thigh and abdomen. A week later, he was taken off life support and died. Hernandez’s DNA was found in Karlos’ blood on a pillowcase and on the child’s clothing.

Hernandez denied beating the children but later acknowledged to a detective he may have hit the boy with a flashlight.

case and court old post  click here

traducion para los hispanicos

Huntsville, Texas (AP) – La Corte Suprema de EE.UU. está considerando la posibilidad de bloquear la ejecución programada de un delincuente sexual sobre menores  condenado a muerte , por golpear  un niño de 10 meses de edad, cuando estaba de  niñera en una casa en Dallas.

Cuarenta y siete años de edad, Jesse Joe Hernández está listo para la inyección letal la noche del miércoles en Huntsville por el asesinato de Karlos Borjas, hace 11 años.

El niño fue llevado a un hospital de Dallas en abril de 2001 con una fractura de cráneo y contusiones en la cabeza, el muslo y el abdomen. Una semana más tarde, se le retirara el respirador artificial y murió. El ADN de Hernández se encuentra en la sangre Karlos ‘en una funda de almohada y en la ropa del niño.

Hernández negó a golpear a los niños, pero más tarde reconoció a un detective que pudo haber golpeado al muchacho con una linterna.

No. 11-9486

Jesse Joe Hernandez v. Texas

from the Court of Criminal Appeals of Texas

Docket Entries

on March 27, 2012

Reply of petitioner Jesse Joe Hernandez filed.

on March 27, 2012

Brief of respondent Texas in opposition filed.

on March 26, 2012

Application (11A904) for a stay of execution of sentence of death, submitted to Justice Scalia.

on March 26, 2012

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2012)

Parties

Jesse Joe Hernandez, Petitioner, represented by Brad D. Levenson

Texas, Respondent, represented by Thomas M. Jones

Texas, Respondent, represented byFredericka Sargent

Last updated: March 28, 2012

from Us supreme Court :

No. 11-9486      *** CAPITAL CASE ***
Title:
Jesse Joe Hernandez, Petitioner
v.
Texas
Docketed: March 26, 2012
Linked with 11A904
Lower Ct: Court of Criminal Appeals of Texas
  Case Nos.: (WR-62,840-02)
  Decision Date: March 21, 2012
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Mar 26 2012 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2012)
Mar 26 2012 Application (11A904) for a stay of execution of sentence of death, submitted to Justice Scalia.
Mar 27 2012 Brief of respondent Texas in opposition filed.
Mar 27 2012 Reply of petitioner Jesse Joe Hernandez filed.

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:
Brad D. Levenson Director (512) 463-8502
Office of Capital Writs
Stephen F. Austin Building
1700 N. Congress Avenue, Suite 460
Austin, TX  78711
Party name: Jesse Joe Hernandez
Attorneys for Respondent:
Thomas M. Jones Assistant Attorney General (512) 936-1400
Office of the Attorney General of Texas
Post Office Box 12548
Capitol Station
Austin, TX  78711-2548
Party name: Texas