UPDATE---JULY 1999
It Has been almost one year since the last time that I wrote a summary to update what has been happening here on death row, in the courts as I wait to know if I will get a new trial, and my experiences in general.
Well, since august of 1998, a lot of different things have happened, which I hope to write about as briefly and clearly as possible.
In October of last year, I was classified as work capable. Which meant I was able to participate in the death row work program. This allowed me different opportunities, such as being able to spend more time outside the cell, having a job at the prison clothes factory for three hours a day, and having my visits in an open area instead of a security cage. However, at the beginning of November, a man on the same wing that I was on was stabbed. Because of that, I was taken from the work program to be investigated for assault. I was told it was because I was Mexican/Latino and the officials believed it was some Mexican that did it. I was eventually cleared, and another Mexican man was charged with the assault. However, throughout the following weeks I was continually harassed by the guards who believed that I still had something to do with it and had gotten away. Even when the man that was stabbed confirmed I didn’t even know him, guards would single me out to be searched or questioned about anything that happened on the wing. Some or questioned about anything that happened on the wing. Some guards felt that I should never have been allowed to be on the work program because of the previous year that I had been on the level 2 and level 3 punitive restrictions. Maybe they felt uncomfortable knowing that they had harassed me while I was on the punitive status, and now I was walking around without any handcuffs on.
What ever the case, on Thanksgiving weekend, 7 men attempted to escape from the death row work program wing next door to the on I was on. From that day, the work program has been suspended, even though the one person that did escape was found dead a week later in a river near the prison. The first of December, I was moved from the work program and officially placed on segregation status.
Since then I have been on this status. Although with the work program being suspended, there is no difference between the men on the work program and those on segregation. There are only two hours per day (Monday-Friday) for about the cell time, and before leaving the cell, we must be handcuffed.
Several physical changes have been made to the prison, since the escape of Martin Gurule. More razor wire has been installed, around the prison perimeter and along the walls and windows of the cell area. More guards have been working, and windows of the cell area. More guards have been working, and have become more aggressive in their attitudes.
In January of 1999, a meeting of the prison board of directors was held which decided that death row would be transferred to a newer more secure prison. This new prison is the Terrell Unit in Livingston, Texas, approximately 40 miles to the east of Huntsville, where the Ellis Unit is now.
In June 55 men have been transferred to this new prison unit. All of death row prisoners are to be transferred by October. A lot of differences exist between that prison and this one. The ones to stand out the most, are that every prisoner will be in a cell by himself, and the cells are constructed in a way to prohibit or deter any communication with other prisoners. Every prisoner will also recreate alone, in indoor rooms, unlike the group recreation that exists here and the access to an outside portion of concrete yard every day. The other major difference is that visitation will be limited, because only 8 spaces for visitation exist on that unit compared to the 40 or more spaces at this prison. Visitation time will be limited, at the moment besides the regular two hours per week allowed. Up to 8 hours over a period of two days can be had each month here, to accommodate visitor’s who travel over 300 miles.
One visible improvement of the prison will be the ventilation system which will maintain cooler environment. No such system exists here at this prison. Which will have temperatures in the cells 10-20 degrees hotter in the summer time, than what is the outside temperature. Now as for the case itself, it is before the Federal judge in Laredo. In June of 1999, my attorneys filed a motion for discovery, asking that the federal judge order the FBI to turn over it’s files on the investigation of the Laredo district attorney an of it’s review of the San Antonio forensic science center and the work of Fred Zain. The Texas attorney general filed a petition in the opposition of this motion to grant any access of these files of the federal investigation. It is the intent of the Texas attorney general to have my petition for a new trial dismissed, and that courts do not order this case to be tried again.
There is no indication of when a decision will be made by the federal judge. However, we believe that with his decision it will either mean the rise or fall of our hopes for a new trial.
What will be interesting to see, is the developing investigation of the FBI into corruption in the district attorney’s office. This May, the assistant district attorney who was charged with taking bribes was convicted. He was the first to go to trial and be found guilty.
This past July 22ND, 10 more people were arrested in connection with the investigation. Among them, were the father, brother, and cousin of the district attorney. Four others worked in the office, one was the assistant district attorney involved with the court hearings I had in 1997, and three others were investigators of that office.
It will be some months before any court hearings related to those arrested take place. And there’s no indication whether these are the last to be charged with violations, or if still more will later be charged.
What we will continue to hope for is that more people will begin to listen, to question, an to work to correct the errors and the miscarriages that those in the district attorney’s office are responsible for through their corruption.
And may we see fall that plaque which was made to celebrate my conviction and sentence. If it is the crooked and corrupt things being taken out of that office, may they not forget about that and what it means.
In May 1999, a film-documentary by Folke Ryden of Sweden was broadcast in Sweden. Thanks to his film, the reaction by those who’ve seen it is amazing. It is the first attempt to put forward publicly the case as it has developed since the trial, and outside the courtroom.
If the responses to the film has received so far are any indication of how a person without any prior knowledge of the case will react, it becomes clear to see why the State of Texas, and the district attorney of Laredo would not like to have a new trial. But with more people becoming informed, and getting involved in questioning the process that resulted in a conviction and death sentence, it will become more difficult for the officials in Texas and in Laredo to turn a deaf ear or ignore the case and not join in the efforts to have a trial for a jury to judge the case on the totality of facts and evidence.
We will continue to hope and to believe, and to do until a new and fair process happens. Your hope, your belief, and your effort is invaluable in making it happen. And for that I want to encourage and THANK YOU, because for that …..I will owe my life .
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