Gov.
calls for LWOP option - Gov. Rick Perry said Wednesday it's time
state lawmakers seriously consider letting juries choose life
without parole as an alternative to the death penalty. "Like a
number of death penalty states, we should take a hard look at
giving juries the option," Perry said in a wide-ranging
criminal justice policy speech. "Today, juries have just 2
options -- death or the possibility that a violent criminal may one
day be paroled," he said. Under current law, a life sentence
means at least 40 years before parole can be considered. But just a
decade ago, good behavior credits sometimes turned life- sentenced
criminals out on the streets in as little as 6 years. In his speech
to the Texas Association of Broadcasters, Perry also called for
statewide standards for attorneys defending indigent clients in
death penalty cases. He refused to lend support, however, for a
proposed ban on executions of the mentally retarded, pending the
outcome of a Texas death penalty case involving the mentally
retarded Johnny Paul Penry. The case is now before the U.S. Supreme
Court. Perry also backed a plan to allow post-conviction DNA
testing and proposed "drug courts" with tough
rehabilitation programs as an alternative to incarceration. "We
should continue to look for ways to improve the justice
system," said Perry. He also backed tougher penalties for
chronic drunken drivers and for drug dealers who enlist children in
distributing illegal drugs. The major policy speech followed Perry's
release of his budget in which he called for issuing $95 million in
bonds for the construction of prisons for 1,800 more beds. Lt. Gov.
Bill Ratliff and House Speaker Pete Laney both oppose financing
state projects with bonds to essentially buy now and pay later.
"I think Texans are always very reluctant to fund things with
bonds," Ratliff said. "We do it, but we don't do it
easily or quickly. I may be mistaken. The will may be there. I'm
frankly not sure we need to build more prisons right now."
However, Ratliff has made comments similar to Perry's regarding the
life-without-parole sentencing option. Ratliff has said Texas
should examine its frequent use of the death penalty, which came
under attack during the presidential race in which Texas was shown
in a negative light. Last year, a record 40 inmates were executed
in Huntsville, the nation's busiest death chamber.
Life-without-parole bills in past sessions have consistently failed,
and the idea is fiercely opposed by some prosecutors. Harris County
District Attorney Chuck Rosenthal said he thinks the 3rd option for
juries is a bad idea and told a staffer for the governor that the
night before his speech. Death penalty opponents often blame Harris
County for Texas' high execution rates, noting that its prosecutors
are far more likely to seek the death penalty than those in other
Texas counties. "I know I disagree with a lot of them,"
Rosenthal said of Perry's law-and-order proposals. "Life
without parole sounds like a very good plan, but I don't think it
is for several reasons." He said people who work in the penal
system contend that inmates with no hope for parole are impossible
to incarcerate. "I think you would find we'd have to build a
whole lot more isolation cells," he said. Rosenthal also said
he believes it would be human nature for juries to choose life
without parole, even when a death penalty is warranted. Guadalupe
County District Attorney W.C. "Bud" Kirkendall, chairman
and past president of the Texas District and County Attorneys
Association, said Rosenthal's views are not widely shared. He said
he didn't oppose giving juries the option of life without parole,
and "I'm not aware of any (other) prosecutors that do."
"I don't think it would be a substantive difference
from the way the law is now," Kirkendall said, referring to
the 40-year minimum in life sentences.
Austin attorney Betty Blackwell, president elect of the
Texas Criminal Defense Lawyers Association, applauded Perry's
spotlight on alternatives to execution. "Absolutely. That's
something we've been trying to get for a number of years," she
said. (Rick Halperin News)
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