Bermudians asked to help save life of death row inmate

Exclusive By Lilla Zuill
(News from Bermuda Sun 2001-02-02 Edition)

ISLANDERS are being urged to back a campaign to save the life of a Bermuda-born man who sits on death row in the U.S.
Tracy Housel, 42, is being held at a Georgia prison pending execution by the electric chair, which could happen as early as this year.

Those acting on his behalf are not focusing on his guilt or innocence - their primary goal is to prevent his execution.
Housel - born at King Edward VII Memorial Hospital on May 7, 1958 - was convicted for murder in 1986 after the 1985 death of a woman who he allegedly picked up at a truck stop.

It has been determined that by virtue of his birth here, Housel is a dependent territories' citizen, and overtures reaching the Bermuda Sun from London yesterday suggest that the U.K. may lobby on his behalf.

Housel's parents, William Franklin Housel and Lula Mae Elkins Housel, lived in Bermuda at the time of his birth. They were American civilians and Housel's father was employed at the Kindley Air Force Base as a sheet metal worker. The family left Bermuda about a year after their son's birth.

Housel's case has come to the attention of a number of locals through an appeal from Reprieve, a British-based charity run by lawyer Clive Stafford Smith. Mr. Smith, himself British, has been doing death penalty work in the U.S. since 1978. He became a lawyer in 1984, and says, "much of the work of my office [does] is at the initial trial level but we also do a lot of appeals, including helping on the cases of a large number of the foreign nationals sentenced to die in the U.S."

Housel's case, says Mr. Smith, was handled by a lawyer, "only four years out of law school and who pled him guilty and who put on no defense for him at the penalty phase."

Also, Housel has a history of hyperglycemia, which was untreated at the time of the alleged crime, and not mentioned in the trial.
On Housel's hyperglycemia (an abnormally large amount of sugar in the blood), Mr. Smith says: "It certainly would have affected him, particularly because of allegations of alcohol involved [in the case]."

Mr. Smith added: "It is very unlikely [in consideration, of his medical condition] that he could have been convicted of murder [rather than manslaughter] under British law. America does not recognize 'diminished capacity,' which is one of the reasons that Europe will not deport people back [to the U.S.] to face capital charges.

"The European Court of Human Rights found that the American system showed too little compassion for obvious mitigating factors. If Tracy had been found guilty only of manslaughter, as he would have been in most other jurisdictions, he would not [now] be waiting to be electrocuted."

Mr. Smith has been in talks with the British Foreign and Commonwealth Office (FCO), on Housel's behalf. And just yesterday a letter reached Mr. Smith from Mike Tiney of the FCO Consular Division. It states that the FCO have received a copy of Housel's Bermuda birth certificate and that "according to both Bermuda and Nationality Section in Consular Division this would make Tracy Housel a British Dependent Territories Citizen by virtue of his birth.

"He is therefore considered a British National, but - although he does not have the right of abode (that is, he does not have the right to reside in Bermuda - or the U.K. - without getting prior entry clearance)."

The letter further states that the FCO will be "seeking advice from the [British] Consul General in Atlanta as to whether representations should be made at this time."

Mr. Smith hopes to attract support, both in Bermuda and Britain, for Housel's death sentence to be commuted.
Already, however, Housel has lost his penultimate appeal before the 11th Circuit Court of Appeals in Atlanta. The judge leading the panel was Ed Carnes, formerly assistant Attorney General in Alabama.

"Housel now only has the U.S. Supreme Court in Washington D.C. left between him and the electric chair" says Mr. Smith.
"We really need the help, since Tracy is getting awfully close to the end of the line," he adds. As such, he appeals to islanders - especially those who may remember the Housel family - to come forward with information and/or support.

British Foreign Secretary Robin Cook is slated to meet with President George W. Bush next week, and is expected to raise the issue of the death penalty in that meeting. Georgia and Alabama are the only two states in the U.S. that continue to execute by the electric chair.

Following a procedural change, Georgia death row offenders, found guilty of crimes committed after May 1, 2000, will be put to death by lethal injection. This, however, does not apply in Housel's case.
Mr. Smith said: "Tracy is facing the horror of the electric chair, which tortures people to death with 2,500 volts of electricity through their brains."

Housel's case is to be covered by the U.K. Sunday newspaper, The Observer.

For further information, call Cueva Holder on 236-2481 and leave a message. Or write directly to: Tracy Housel, EF-189200, G.D. & C.C., P.O. Box 3877, Jackson, Ga 30233
lzuill@bermudasun.bm