Urgent appeals

Emerson Rudd Scheduled for execution on November 15, 2001

 

Emerson Rudd is scheduled for execution on November 15, 2001. His case is currently before the U.S. Supreme Court. I am not Mr. Rudd's attorney, but in view of the circumstances of the case I think a stay or clemency in the case is warranted and I believe that your petitions may help stop yet another execution in Texas.   Mr. Rudd was barely 18 at the time of the crime for which he was convicted.  He grew up in a home where abuse and neglect were the order of the day. 

 However, he has developed himself while in prison and is now a very different person than when he was 18.   The legal proceedings in Mr. Rudd's case have been flawed in at least three ways:

  * The State of Texas has refused to let Mr. Rudd's attorney review its file to determine if any exculpatory evidence is in the file. In other cases, exculpatory evidence that led to determinations of innocence, or at least new trials, were discovered in the State's possession many years after the conviction. Refusal of such access prevents effective assistance of consul. 

  * The jury was not informed as to the minimum time that Mr. Rudd would have to spend in prison if given a "life sentence" versus the death penalty. Often under these circumstances, a jury will believe that a person will be out on the streets after a short period of time, and thus will choose the death penalty. 

  * Mitigating circumstances that could have resulted in Mr. Rudd getting a life sentence rather than the death penalty were not presented at trial.  He came from a severely disadvantaged background where abuse and neglect were common. His father was a drug addict who stole from the family and beat the children with extension cords and water hoses. Family members who could describe these conditions were not called to testify at trial.   For all these reasons, Emerson Rudd is entitled to a new trial.  We ask the Governor of Texas, Rick Perry, to grant the 30 day stay that he is authorized to grant under Texas law in view of the circumstances of the case and to allow more time for the appeals to go forward. He may be contacted at: 

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Governor Rick Perry
Office of the Governor
P.O. Box 1248
Austin, Texas 78711-2418

Phone: 1-512-463-1782
Fax: 1-512-463-1849
E-mail: http://www.governor.state.tx.us/contact%20%20information/email/email_the_governor.htm

We ask you that, in view of the circumstances in this case and those of
Mr. Rudd himself, you ask the Board of Pardons and Paroles to grant him
clemency. You may contact the Board at:

Board of Pardons and Paroles
Attn: Gerald Garrett
Executive Clemency Section
P.O. Box 13401
Austin, Texas 78711

Phone: 1-512-406-5852
Fax: 1-512-467-0945

Please send politely worded letters or messages asking the above parties to
use their grace and spare Emerson. If you are a public official or civic
group indicate this in your appeal. The more personal the letter or
message, the greater will be its effect.

 

Draftletters

Governor Rick Perry
Office of the Governor
P.O. Box 1248
Austin, Texas 78711-2418

Phone: 1-512-463-1782
Fax: 1-512-463-1849
E-mail: www.governor.state.tx.us/e-mail.html

Plaats/datum

subject; execution of Emerson Rudd

Dear Governor,

With this letter I want to plead in behalf of Emerson Rudd, who is scheduled for execution on November 15, 2001. His case is currently before the U.S. Supreme Court.

I urgently ask you to grant him the 30 day stay that you are authorized to grant him under Texas law in view of the circumstances of Emerson Rudd's case and to allow more time for appeals to go forward.

Mr. Rudd was barely 18 at the time of the crime for which he was convicted. He grew up in a home where abuse and neglect were the order of the day. However, he has developed himself while in prison and is now a very different person than when he was 18.

The legal proceedings in Mr. Rudd's case have been flawed in at least three ways:

* The State of Texas has refused to let Mr. Rudd's attorney review its file to determine if any exculpatory evidence is in the file. In other cases, exculpatory evidence that led to determinations of innocence, or at least new trials, were discovered in the State's possession many years after the conviction. Refusal of such access prevents effective assistance of consul.

* The jury was not informed as to the minimum time that Mr. Rudd would have to spend in prison if given a "life sentence" versus the death penalty. Often under these circumstances, a jury will believe that a person will be out on the streets after a short period of time, and thus will choose the death penalty.

* Mitigating circumstances that could have resulted in Mr. Rudd getting a life sentence rather than the death penalty were not presented at trial. He came from a severely disadvantaged background where abuse and neglect were common. His father was a drug addict who stole from the family and beat the children with extension cords and water hoses. Family members who could describe these conditions were not called to testify at trial.

For all these reasons, I think, Emerson Rudd is entitled to a new trial.

I am against death penalty because it is an inhuman, degrading punishment and a violation of article 3 and 5 of the universal declaration of humanrights. Everyone has right to life, liberty and security of person and no one shall be subjected to torture or to cruel, inhuman or degrading treatment of punishment.

Besides capital punishment is more often inflicted on the economically and socially disadvantaged people and there is no evidence there will be an increase of criminality if death penalty is abolished.

That is why I ask you to use your grace and spare Emerson Rudd.

Yours respectfully

Name and address

Board of Pardons and Paroles
Attn: Gerald Garrett
Executive Clemency Section
P.O. Box 13401
Austin, Texas 78711

Phone: 1-512-406-5852
Fax: 1-512-467-0945

Plaats/datum

subject; execution of Emerson Rudd

Dear Attorney/members of the board,

With this letter I want to plead in behalf of Emerson Rudd, who is scheduled for execution on November 15, 2001. His case is currently before the U.S. Supreme Court.

In view of the circumstances of his case and of Emerson Rudd himself, I politely ask you to grant him clemency.

Mr. Rudd was barely 18 at the time of the crime for which he was convicted. He grew up in a home where abuse and neglect were the order of the day. However, he has developed himself while in prison and is now a very different person than when he was 18.

The legal proceedings in Mr. Rudd's case have been flawed in at least three ways:

* The State of Texas has refused to let Mr. Rudd's attorney review its file to determine if any exculpatory evidence is in the file. In other cases, exculpatory evidence that led to determinations of innocence, or at least new trials, were discovered in the State's possession many years after the conviction. Refusal of such access prevents effective assistance of consul.

* The jury was not informed as to the minimum time that Mr. Rudd would have to spend in prison if given a "life sentence" versus the death penalty. Often under these circumstances, a jury will believe that a person will be out on the streets after a short period of time, and thus will choose the death penalty.

* Mitigating circumstances that could have resulted in Mr. Rudd getting a life sentence rather than the death penalty were not presented at trial. He came from a severely disadvantaged background where abuse and neglect were common. His father was a drug addict who stole from the family and beat the children with extension cords and water hoses. Family members who could describe these conditions were not called to testify at trial.

For all these reasons, I think, Emerson Rudd is entitled to a new trial.

I am against death penalty because it is an inhuman, degrading punishment and a violation of article 3 and 5 of the universal declaration of humanrights. Everyone has right to life, liberty and security of person and no one shall be subjected to torture or to cruel, inhuman or degrading treatment of punishment.

Besides capital punishment is more often inflicted on the economically and socially disadvantaged people and there is no evidence there will be an increase of criminality if death penalty is abolished.

That is why I ask you and the members of the Board to use their grace and spare Emerson Rudd.

Yours respectfully

Name and address