New doubts emerge on guilt of man executed in Texas
By Patrice Dickens
8-24-00
WASHINGTON (Reuters) - Civil rights leaders Thursday asked Attorney
General Janet Reno to investigate whether Texas prosecutors withheld evidence
that might have saved an inmate who was put to death in June.
Martin Luther King III, son of the slain civil rights leader of the
same name, told the annual convention of the Southern Christian Leadership
Conference that evidence available days before Gary Graham's June 22 execution
cast doubt on the prosecution's claim that he shot and killed a man during
an attempted robbery.
``The challenges to Graham's conviction and sentence to death went unheeded,
including a last minute appeal to Texas Governor George W. Bush, and now
Gary Graham is dead,'' King said.
``Gary Graham was black and convicted and sentenced on a paltry amount
of evidence and then, even in the face of overwhelming evidence pointing
to his innocence, his conviction was not reversed.''
Graham was executed for the 1981 murder of Bobby Lambert during a robbery
outside a Houston grocery story. King said the Chicago Tribune newspaper
had reported days before Graham was put to death that the victim had been
a
possible player in a major drugs operation.
King said Steve Beck, a Drug Enforcement Administration officer, told
the newspaper that federal prosecutors in Oklahoma were trying to win Lambert's
cooperation in their operation and ``persuade him to testify against
higher-ups.''
Lambert was found with $6,000 in cash in his pocket and his murder --
which Graham always denied committing -- could have been a ``hit,'' King
said Beck told the newspaper, adding that the amount of money Lambert was
carrying
indicated robbery was not a motive in the killing.
While Graham insisted he did not murder Lambert, he pleaded guilty to
10 aggravated robberies committed in the same week. He pistol-whipped two
victims, shot one in the neck, struck one man with a car after stealing
it from him and kidnapped and raped a 57-year-old-woman.
Bush, the Republican presidential candidate, said in the run-up to the
execution that he was convinced of Graham's guilt and confident that justice
was being done.
But the case was bitterly controversial.
King, civil rights activist Dick Gregory and the Rev. Al Sharpton wrote
a letter to Reno on Thursday asking that she investigate whether critical
evidence in Graham's case was withheld.
The three said previous evidence indicated bullets from the weapon that
killed Lambert did not match the gun owned and carried by Graham when he
was arrested. And the case was based largely on evidence from one eyewitness,
Bernadine Skillern, a 53-year-old grandmother. She was the only person
to positively identify Graham as the killer in 1981 trial.
Three jurors who voted to convict Graham in 1981 this June signed affidavits
saying they would have voted differently if all evidence had been available,
adding their voices to those calling for a fresh trial.
King noted that not only does Texas lead the country in executions but
that those executed are disproportionately black. ``Something is wrong
with this picture,'' he said.
King said he and a delegation of civil rights officials would travel
to Texas Monday to present the newly found evidence to Bush and other state
officials Tuesday.
The Southern Christian Leadership Conference, a civil rights group based
in Atlanta, is calling for a moratorium on executions in the 10 states
with the highest execution rates.
Texas, which has put 222 people to death since it resumed capital punishment
in 1982, and Virginia, with 76 executions in the same period, are at the
top of its list.
Their long-term goal is the scrapping of the death penalty itself.
``It is very sad that America, as a leading industrial nation, has a
death penalty as a solution to the issue of crime,'' King said. ``We know
that it is not a deterrent. It never has been and probably never will be.''
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