Like many, I’m appalled by the possibility that, in two weeks, Texas would execute a woman who is very likely innocent, Melissa Lucio.
1/18
This is Holy Week. Yesterday, I saw the modern-day Pontius Pilate: District Attorney Saenz. He appeared virtually at a hearing before the Cmte on Criminal Justice Reform. He tried to “wash his hands” of responsibility, to punt his authority to the courts.
2/18
I sat in the hearing room in the TX Capitol, across the aisle from Lucio’s family, and watched the faces of the committee members, their anguish, their frustration that the person who has the power to stop this irreversible act was right before them and might not help.
3/18
Jeff Leach-R and Joe Moody-D and the whole committee exhibited true compassion and commitment to doing the right thing, and to pursuing justice. On the other hand, here are some things I heard straight from the DA’s own mouth:
4/18
“When is her execution date again?” - DA Saenz, who set her execution date himself, asks for clarification from the committee. It’s in 15 days, buddy. Literally everyone else is counting down.
5/18
Chairman Leach: Do you have the power to unilaterally withdraw the warrant for her execution?
DA Saenz: I’m really not sure.
Everyone in the room: Seems like another thing you oughta know.
6/18
“Even if I could, I wouldn’t intervene. That’s the role of the courts.” -DA Saenz, a representative of said courts.
7/18
When asked, “Have you reviewed the new evidence and juror statements that have recently come out?” DA Saenz said, “These are not sworn witnesses. This not actual evidence. We must go ahead with due process.”
8/18
Committee: Have you ever been involved in a death penalty case where 5 jurors have recanted their decision?
DA Saenz: Jurors change their minds all the time. It’s called buyers remorse.
9/18
“At this point it’s not my decision. It’s the courts’ decision.” - DA Saenz, who can make a decision to stop her execution at any point.
10/18
“Language in the jurors’ statements has a lot of legalese that a lay person wouldn’t know how to use,” said Saenz, suggesting the jurors were coerced and coached. The committee said let's ask them about that, & investigate with a retrial before it’s too late. #reasonable
11/18
Committee: Is it more important to you to have a sense of finality and move things along than to be sure justice is done?
DA Saenz: Justice delayed is justice denied. (A legal maxim also used by MLK with a *completely* different intent.)
12/18
DA Saenz finally agreed to intervene at the last minute if the Criminal Court of Appeals doesn’t issue a stay before then. But he doesn’t think he will have to. And God forbid it comes down to him.
13/18
3-4 weeks ago, I called DA Saenz’ office. Someone took down my name and promised to pass on my message. I asked her for confirmation: Can the DA withdraw, pause or delay her execution date? She said, “No, I don’t think so. That has to come from the BPP.”
14/18
I called the office of the Board of Pardons and Paroles. “No, I don’t think we can really do anything about that. You’ll have to call the board general counselor's office."
15/18
I called the general counselor's office. I asked if this is where I should direct others in their advocacy. Is this a list that will be passed on to the ACTUAL DECISION MAKERS in Melissa Lucio’s clemency?
She needs to check about that.
I’m put on hold.
She never returns.
16/18
It seems to me like our entire Texas criminal justice system is as confused as I am about who does what and who actually bears responsibility.
17/18
Or maybe… no human being can actually bear to bear the responsibility of executing another human being. So maybe… we shouldn’t be in the business of putting anyone in that position at all, ever again.

“It is finished.” Let's let it be so.

18/18

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