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Appello urgente

La sentenza � stata eseguita - 15/11/01 Emerson Rudd Detenuto in Texas Esecuzione prevista per il 15 novembre 2001

 

Il suo caso � attualmente in discussione presso la Corte Suprema

Al tempo del crimine per cui �  stato condannato aveva 18 anni . La storia giudiziaria di quest�uomo ha visto rifiutare dalla Corte di Stato del Texas la possibilit� di presentare le prove della sua innocenza, che furono scoperte in possesso della Corte molti anni dopo. Questo ha impedito una sua effettiva difesa.

La giuria non � stata informata della possibilit� di applicare efficaci pene alternative come l�ergastolo, facendo quindi decidere la giuria per la pena capitale

Non � stato possibile   poter utilizzare le circostanze di mitigazione che avrebbero potuto far evitare la pena capitale ad Emerson.

Per tale motivo il suo avvocato chiede che gli venga garantito  un tempo ulteriore di 30 giorni , per presentare un appello.

Lo stesso avvocato propone di scrivere al Governatore Perry e alla commissione grazia e clemenza dello Stato , utilizando chi vuole ,queste lettere :

 

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

 

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

 

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

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