on June 2000, the U.S. Supreme Court overturned the death sentence for another condemned because his original trial was unfair due that the psychologist Walker Quijano unconstitutionally biased jury when he testified that race indicate future dangerousness

on March 2001 U.S. District Attorney Judge Vanessa Gilmore overturned Eugene's death sentence, but not his conviction. Eugene's lawyer appealed to the 5th Circuit

on March 2002 the 5th Circuit agreed with Judge Gilmore's decisions. Texas Department of Criminal Justice was ordered to let Eugene goes. Harris County was ordered to either give him a life sentence or to retry him for the death penalty. Harris County is planning to seek the death penalty

if Harris County changes its mind and accepts a life sentence, Eugene will sent back to TDCJ, but on a life sentence. This could happen at any time. If the County decides to retry Eugene for the death penalty, then this retrial won't be for another 6 months or so

on October 15th, 2002 the U.S. Supreme Court denied Eugene's appeal on conviction. Now the State Court has 180 days, as of October 15th 2002, to begin the re-sentencing trial

on November 9th, 2002 Eugene received a letter from his lawyer who assured he'll start on his case after the middle of December 2002

on January 24th, 2003 Eugene received another letter from his lawyer about his actual legal situation. The case is now set for jury selection to begin on October 13, 2003. The actual trial will probably begin a month later

on October 15th, 2003 the trial should start

on November 10th the trial started

on November 14th Eugene was once again sentenced by a jury (yes, an all-white jury) to the death penalty

now, to save Eugene's life, we can only hope in a appeals process

A letter from Eugene of January 18th, 2004: "As for the missing property of mine, I have written to everyone that could help me and I wrote a grievance on it too. This was the response: "All property was returned to you". I have brought me a new radio, headphones, fan and new tennis shoes and in total was 140.00 dollars.

A letter from Eugene of November 1st, 2003: "Jury selection started October 22th and ended October 31st, but my days started off at 4 A.M. I was putted in handcuffs and shackles and put in one holding cell and I didn't get to the court untill 9.30 A.M. On the jury I have 8 white men, 2 white women and 2 Mexican men. The trial will start November 10th and it's expected to last 10 days."

A letter from Eugene of September 2nd, 2003: "I was called to court August 22nd, but it wasn't for anything. I should start trial picking a jury October 20th. The prison have a new rule saying that prisoners can't correspond with each other any more.I have been in this jail 16 months now in solitary confinment, I don't have anyone to talk too and any time I am taken out of this cell I'm handcuffed behind back and put in shackles even to recreation and left like that the entire time. I have not broke any rules or regulations but yet I'm treated under very cruel and with unusual punishment"

A letter from Eugene of July 27th, 2003: "I had become very ill on the 14th, I don't know if it was a super bad cold or the flu or pneumonia. The sick call nurse come around but she only gave me two pills. I had brought some pills out of the commissary and my fever broke on the 23th. I had saw a doctor June 25th and she ordered an increased of my medication for my diabetes and ordered that my blood sugar be tested for 4 days, twice daily. A nurse came one time and tested my blood sugar and that was it. As for talking about the trial they had on me 12 years ago, I don't know what more I can say, I'm so tired of all of this and I'll be glad when this re-sentencing trial is over with too.

A letter from Eugene of February 6th, 2003: " Actually this new jail the way it's setup is worse than the old one. The electric outlet isn't working so I can't get the water for cofee; the shower in each cell when you shower water gets over the floor. It' s 24 men cell block, most men seem to have serious mental problems"

A letter from Eugene of January 26th, 2003: "Yesterday the authorities moved us from this old jail to the new one: (for the new Eugene's address, see here) it's more noisy here, there is a TV out side the cell on the wall: whenever they turn on I'll be able to see it standing at the door, but to hear it's another thing... The cell looks something like this drawing.

(Below at left, the bunk, near a little table and the shower. In front of the bunk there's the door and, at right, the toilet and the wash bowl. Below, in the drawing, the cell's door: a little window for the light, below, the pan hold)

They took the diabetes medication because of the expired date and now I have to wait for February to get new medication"

A letter from Eugene of January 19th, 2003: "My lawyer came to visit me: we talked for about one hour. He told me that my court date is October 2003, that was so depressing to hear that, but it's nothing I can do about it. He encouraged me to file a motion for a speedy trial, this will cover me. As off October 15, 2002 this court have 180 days to retry me or give me a life sentence and that motion is telling the court it's not my fault that my attorney or the State isn't ready"

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Read other Eugene's letters here.

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