Dallas Morning News

TEXAS - impending execution

Mom asks parole board to spare son's murderer - Condemned convict met with woman in mediation program

A confessed killer, Johnny Joe Martinez, is scheduled to die by injection next week.

The mother of his victim is trying to stop it.

In a rare move, she has sent a letter to the Texas Board of Pardons and Paroles, asking that Mr. Martinez's death sentence be commuted to life.

"To execute Mr. Martinez would be a double crime against society," wrote Lana Norris, whose plea came after an unusual face-to-face meeting with her son's killer.

Ms. Norris, who also asked to talk personally with each member of the board, says she believes in the death penalty. She and her 2nd husband, Thomas Dillon, now deceased, backed a law to allow victims' families to witness executions in Texas' death chamber.

 Her letter makes it clear how devastated she was by the vicious stabbing death of her son, Clay Peterson, "my precious baby boy," as he worked an overnight convenience-store shift 9 years ago.

 "I have hurt more than I knew possible," she wrote. "I no longer wanted to live and even counted the pills, considering suicide in those early days. While I never took the pills, I just wanted out of the pain."

 But, she added, she doesn't want another mother the killer's to go through the same agony. "Please, do not cause another mother to lose her son to murder, needlessly!" she wrote.

 Any impact of Ms. Norris' letter won't be known for several days. Gerald Garrett, chairman of the board of Pardons and Paroles, said he doesn't know whether he will schedule a public hearing to consider the case; if not, members will vote by fax machine, as usual, on whether the sentence should be carried out.

 Ms. Norris declined to talk with The Dallas Morning News about the letter except to say that, "I've been blessed by an extraordinary God and as a result of that have probably been healed more than most victims."

 She said she prayed long and hard about the decision before writing the letter May 7. She wrote it 4 days after meeting with Mr. Martinez, 29, in a mediation program offered by the prison system.

 Mediation involving victims and offenders in Texas has been available since 1994 at the request of victims. Only a handful out of the roughly 100 sessions held to date have involved death row inmates, said Edwardo Mendoza, the Texas Department of Criminal Justice's mediation coordinator.

 Few victims' families in death row cases have sought mediation, and some convicts have refused them, perhaps because their cases are still on appeal.

 Information stemming from mediation is confidential and not given to the parole board for consideration of cases.

 Ms. Norris asked for a mediation session even though Mr. Martinez had not responded to a previous letter. After both parties underwent extensive counseling to prepare for the session, they met in the chapel of the prison unit in Livingston that houses death row.

Here are the contents of a letter Lana Norris wrote to state pardons officials, seeking clemency for her son's killer:

 Dear Sir:

 It is my understanding that there is a petition on the commutation of the death sentence to a life sentence in this case. I would like to have this letter considered as part of your decision in this issue. If possible, I would also like the opportunity to talk with each of you personally, either by phone or in person. As Clay Peterson's mother, I feel that I have been affected by this crime more than any other person, with the exception of my precious baby boy, Clay.

 Clay was 20 years old at the time of this crime. Even in the turmoil that existed in the beginning, I knew that Clay was okay and had forgiven Johnny Joe Martinez (hereafter referred to as Mr. Martinez). Yet, I did not know if the death sentence was appropriate. I was not and never have been asked if the death sentence was what I wanted. While I know that this case is the State of Texas vs. Mr. Martinez, my desires should be considered. I realize that I was too close to the case and too emotionally distraught to be able to look at things objectively at the time of the trial.

 For over 8 1/2 years, I have struggled with the knowledge that I was in some way connected to an inmate on death row. Many times, each day, I think of Clay, and always my thoughts turn to Mr. Martinez. I am not trying to minimize the hurt and struggle I have been through. I have hurt more than I knew possible. I have felt anger, regret and every possible emotion. For a time, I lost hope and was clinically depressed. I no longer wanted to live and even counted the pills, considering suicide in those early days. While I never took the pills, I just wanted out of the pain.

 For 8 1/2 years, I have revisited the pain of that night many times. I have struggled with the pain of knowing that Clay would not want this execution. To some extent, having an inmate on death row has complicated my recovery process. For the last couple of months, I have struggled with this issue even more. While I do believe in the death penalty, with the date of execution drawing near, I have done much soul searching. When Clay was killed, his crime was more than a crime against me and his family. It was a crime against society.

 Clay was a loving, caring, young man. He was active in Christian youth ministry and would have had a positive impact on many throughout his life. While Mr. Martinez had a different start in life, there was nothing before this incident that would have led anyone to believe this crime would happen. Last Friday, May 3, I had the opportunity to do mediation with Mr. Martinez. There is no doubt in my mind, that to execute Mr. Martinez would be a double crime against society. Here is a young man that has truly repented and regrets his actions of July 15, 1993. If his sentence is commuted to a life sentence, he will be 54 before his 1st possible chance of parole. During that time, he could be a positive influence on other inmates that he comes in contact with. He may be able to help them understand how to change their life and direction for the better.

 Please, do not cause another mother to lose her son to murder, needlessly!

In His Love,

Lana K. Norris

The murder victim's father issued this statement to the public:

My son, Clay Peterson, was a Christian who witnessed to many people in the South Texas area in his short life. I do not believe that he would have demanded the Old Testament punishment of an eye for an eye, but instead would have followed the teachings of Christ to forgive not 7 times, but 70 times seven. I can do no less.

 Society must protect itself from those who do not value the lives and property of others. However, I doubt that Johnny Martinez would be a threat to society by the time he would be eligible for parole if his sentence were commuted to life.

 Paul B. Peterson

The session lasted about 4 hours, said Mr. Martinez's defense attorney, David Dow, who witnessed the meeting. He described it as an extraordinary event that began with Ms. Norris holding Mr. Martinez's shackled hands in prayer.

 'I killed her only son'

 Mr. Dow said his client was nervous before the session.

 "I killed her only son," he told Mr. Dow as he waited for the session to begin.

 The killing occurred July 15, 1993. After a night of drinking, Mr. Martinez, then 20, robbed a Corpus Christi convenience store. Mr. Peterson, a college student who had celebrated his 20th birthday the day before, was stabbed 8 times in the neck, back and shoulders. The brutal killing was caught on videotape by a store surveillance camera.

 About 15 minutes after the stabbing, Mr. Martinez called 911 from a nearby motel, told the police dispatcher what he had done and said he would wait for authorities to arrive. He surrendered without resistance, expressed remorse and later confessed.

 During mediation, Ms. Norris told Mr. Martinez she wanted answers about what happened that day. The answer was similar to what he said at trial nine years ago: "I don't know why. That's a question I will never be able to answer."

 Mr. Dow said there was no anger in the mediation session. "I don't think there were any raised voices."

 There were tears and occasional smiles.

 About halfway through the session, Mr. Dow said, Ms. Norris told Mr. Martinez that she believed in the death penalty but added, "I don't think it's right for you."

 At that point, Mr. Martinez asked whether she would write a letter on his behalf. Ms. Norris said she would think about it; she called Clay's father, Paul Peterson, who lives in the Dallas area, before sending the letter a few days later.

 Mr. Peterson, who is divorced from Ms. Norris, said he understood why she wrote the letter. Though he, too, supports the death penalty, he said he doesn't object to a commutation for Mr. Martinez.

 '70 times 7'

 His son discussed his Christian beliefs with many people and "would have followed the teachings of Christ to forgive not seven times but seventy times seven," Mr. Peterson said. "I can do no less."

 He said he had no desire to go through mediation with Mr. Martinez, but after talking with Ms. Norris, "I doubt that Johnny Martinez would be a threat to society by the time he would be eligible for parole if his sentence were commuted to life."

 Mr. Dow said he is considering some last-minute legal maneuvers in the case, but Mr. Martinez's fate now rests largely with the Texas Board of Pardons and Paroles. The 18-member board is expected to vote this week on Mr. Martinez's case.

 Chairman Gerald Garrett said a letter asking for clemency from a relative of the victim is "out of the norm." Because Ms. Norris was among those most directly affected by the crime, it would have more impact than most letters received by the board.

 "Here is a young man that has truly repented and regrets his actions of July 15, 1993," she wrote. "If his sentence is commuted to a life sentence, he will be 54 before his 1st possible chance of parole. During that time, he could be a positive influence on other inmates that he comes in contact with."

 No hint of violence

 Mr. Martinez is different from most death row inmates, said Mr. Dow, because he "had absolutely no markers in his own personal history that would have suggested that he was going to stab somebody to death one day. He had no prior convictions; in fact he had no prior history of violence."

 Mr. Dow says his client, a high school dropout, was abused as a youngster and left home at age 14.

 To receive the death penalty in Texas, an offender must be shown to pose a future danger to society. Nueces County District Attorney Carlos Valdez said he knew Mr. Martinez had no history of criminal behavior but the brutality of the crime was enough to seek the death penalty. 

"We thought the offense itself, which was captured on videotape, showed the viciousness of the case and the case called for the death penalty," Mr. Valdez said.

 Mr. Valdez said he consulted with family members before seeking the death penalty; Ms. Norris and Mr. Peterson say they were not asked.

 Clemency from the Texas Board of Pardons and Paroles, which must be approved by the governor, is rare.

 "I was appointed in 1995," Mr. Garrett said, "And during my tenure, Mr. [Henry Lee] Lucas is the only person that has received a commutation recommendation."

 Mr. Lucas, who confessed to being a serial killer, had his death sentence commuted to life in 1998, because of doubts about his truthfulness.

 District Attorney Valdez said he didn't know if Ms. Norris' plea would sway the parole board to commute Mr. Martinez's sentence, but he didn't think it should. "If anybody's thinking about changing their mind, I suggest they watch the video of the killing," he said.

Prosecution rests in Hankins' punishment phase

 In Fort Worth, prosecutors rested their case Tuesday in the punishment phase of Terry Lee Hankins' capital murder trial after reading from a journal in which Mr. Hankins detailed killing 5 family members.

 Mr. Hankins, 27, was found guilty of capital murder in connection with the Aug. 26 slaying of his stepchildren, Kevin Galley, 12, and Ashley Mason, 11.

 In seeking the death penalty, prosecutors have presented evidence, including statements by Mr. Hankins, that have implicated him in the slayings of his estranged wife, Tammy Hankins, his father and his half-sister.

 Because of prior commitments of the court, Mr. Hankins' defense attorneys will present their case Thursday. They will try to persuade the jury of 6 men and 6 women to spare Mr. Hankins' life and sentence him to life in prison.

 Jurors saw Mr. Hankins' own writing Tuesday when prosecutors showed them a notebook in which Mr. Hankins gave the full address of where he left the bodies of his father, Earnie Hankins, and his half-sister Pearl Sevenstar and wrote that he did not know why he killed his wife and her 2 children.

 "It was all for the worst excuse. I just didn't like myself. After you hear things, you start to believe them," he wrote. "People always told me I was nothing and wouldn't amount to anything. I guess they hit the nail on the head with that one."

The notebook also contained some thoughts about his childhood, his use of drugs and alcohol, and graphic descriptions of several sexual encounters with his stepmothers, girlfriends and wife.

 Linda Sheets, the slain children's grandmother and Tammy Hankins' mother, grasped another daughter's hand, and both wept during much of the sex-related testimony. A forensic expert also testified that Mr. Hankins' semen was found on Ashley's bed sheet.

 Evidence was also read to jurors that Mr. Hankins had a son with Ms. Sevenstar years ago.

 One of Mr. Hankins' former girlfriends said Mr. Hankins and Ms. Sevenstar lived with her for several months in an Arlington duplex. Helen "Ruthie" Bradley, 40, said Ms. Sevenstar left a baby with friends in Fort Worth before moving in with her and Mr. Hankins in June 2000.

 Ms. Sevenstar stayed in Mr. Hankins' bedroom and was afraid of her half-brother, Ms. Bradley testified.

 "She wasn't allowed out of the room unless she had to go to the bathroom, to return her plate to the kitchen or to shower," Ms. Bradley said. "She was afraid of him. She wouldn't really talk. She would do exactly what he told her to do."

 Ms. Bradley said that in September 2001, she helped Ms. Sevenstar take a pregnancy test, which came back positive. Mr. Hankins told Ms. Bradley he would place his half-sister in a home for pregnant women, Ms. Bradley said, adding that was the last time she saw Ms. Sevenstar.