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.
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.
OCTOBER 18, 2012 http://abclocal.go.com
HUNTSVILLE, TX — The U.S. Supreme Court stopped the execution Thursday of a 33-year-old Texas prisoner for gunning down an off-duty Houston police sergeant 14 years ago.
Anthony Haynes had been set to die for the shooting death of Sgt. Kent Kincaid, 40, while the officer was with his wife driving in their own vehicle not far from home. Their SUV had been struck by an object from a pickup truck, cracking its windshield. When Kincaid got out to talk to the people in the truck and told them he was a police officer, he was shot in the head.
The high court ruling came about three hours before Haynes could have been taken to the death chamber.
Haynes confessed to the May 1998 slaying, was tried for capital murder the following year and sentenced to death.
His lethal injection would have been the 11th this year in Texas, the nation’s most-active death penalty state. Another is set for next week.
Evidence showed the object that hit the Kincaids’ SUV was a .25-caliber bullet from the same gun used to shoot him. Testimony at Haynes’ 1999 trial in Houston showed that same evening Haynes had committed a series of armed robberies.
Haynes’ trial lawyers showed “virtual abdication of their duty” by failing to more fully investigate and present evidence of Haynes’ good character to jurors who were deciding his punishment, his appeals attorney, A. Richard Ellis, told the high court in his appeal.
He also contended prosecutors unfairly painted Haynes, who was 19 at the time of the shooting, “as an out-of-control, violent and unpredictable individual who was subject to intermittent fits of rage.”
“This picture was totally at variance with his actual character,” Ellis said.
The appeal also faulted attorneys at earlier stages of Haynes’ appeals for not addressing the trial defense issues and contended lower court rulings and Texas appeals procedures unfairly kept Haynes from raising the claims now. Similar appeals in recent Texas death penalty cases have failed to win reprieves from the high court although at least one other did. That case, involving prisoner John Balentine, is set for conference before the justices for later this month.
The arguments center on a Supreme Court ruling favorable to an Arizona prisoner who couldn’t find a way to make an appeal under procedures in that state. Texas attorneys argued the statutes in Texas were different, did allow for appeals like the one Haynes wanted considered and that courts had determined the Arizona ruling had no effect in Texas.
State attorneys contesting Hayne’s appeal argued his previous attorneys didn’t abandon him and shouldn’t be considered ineffective because they chose issues different from those now being pursued by Ellis.
“Haynes does not now present any compelling reasons for this court to review his claims,” Jeremy Greenwell, an assistant Texas attorney general, told the justices.
Greenwell pointed out evidence of Haynes’ history of explosive temper outbursts, of police being summoned to deal with his threats against a school nurse and an ROTC instructor, that he assaulted his 3-year-old sister and tried to kill the family dog.
“He was no angel,” Mark Vinson, the Harris County district attorney who prosecuted Haynes, recalled last week.
Kincaid’s wife couldn’t describe the shooter and provided only a cursory description of the truck but said she was certain her husband identified himself as a police officer, a distinction important in that it allowed prosecutors to try Haynes for capital murder and make him death-penalty eligible. Haynes’ trial lawyers said he didn’t know the man who approached was an officer and feared for his own safety.
One of the robbery victims earlier the evening of the shooting identified a companion of Haynes as participating in the holdup, and that led detectives to Haynes. He took police to separate sites miles apart where he left the gun and ammunition clip.
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 source : http://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.
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.
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.
Jesse Joe Hernandez v. Texas
from the Court of Criminal Appeals of Texas
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)
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 :
|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|
|Austin, TX 78711-2548|
|Party name: Texas|
On October 26, 2004, Dominique Green, thirty, was executed by lethal injection in Huntsville, Texas. Arrested at the age of eighteen in the fatal shooting of a man during a robbery outside a Houston convenience store, Green may have taken part in the robbery but always insisted that he did not pull the trigger. The jury, which had no African Americans on it, sentenced him to death. Despite obvious errors in the legal procedures and the protests of the victims family, he spent the last twelve years of his life on Death Row.