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   Vol.64/No.26            July 3, 2000 
 
 
Despite protests, Texas government prepares execution
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BY LEA SHERMAN  
HOUSTON--As the Militant was going to press June 22, the government of Texas was moving to execute Gary Graham, amid protests by supporters who have been campaigning to stop the state-sanctioned murder and win his release.

The case of Graham, whose name is now Shaka Sankofa, has become a national focal point for the fight to abolish the death penalty. To many working people here and around the country, it has graphically illustrated the anti-working-class and racist nature of the death penalty. The debate has been heightened by continuing revelations in the media about the number of people on death row who have been falsely convicted.

Graham, who is Black, was 17 at the time he was convicted of the May 1981 killing of Bobby Lambert and sentenced to death. There was no physical evidence linking him to the killing. There were eyewitnesses who said he was not the gunman, and alibi witnesses placed him far from the Safeway supermarket where the killing took place. Only one witness testified that Graham was the killer.

The U.S. Supreme Court on May 1 refused to hear Graham's appeal for a new trial, and within days the June 22 execution date was scheduled, the sixth date set in his almost 20 years on death row.

Graham's attorneys, Jack Zimmerman and Richard Burr, filed a petition to the Texas Board of Pardons and Paroles asking for a full or conditional pardon, a 120-day reprieve to have a hearing, or a commutation of his death sentence. The board was to make a decision on June 21 and then refer it to Gov. George Bush, the Republican presidential candidate, who has the power to unilaterally grant a 30-day reprieve.

The defense attorneys cited evidence that Graham did not have adequate representation at his trial. They have videotapes of two eyewitnesses, Sherian Etuk and Ronald Hubbard, workers at the Safeway store, who say the gunman was not Graham but a much shorter man. Their statements refute the testimony of the sole witness at the trial, Bernadine Skillern.

Hubbard told the Houston Chronicle, "He [Graham] is not the person I saw that night. They will be putting an innocent man to death."

Nevertheless, Ronald Mock, the original defense attorney, never brought these witnesses to testify at the trial nor did he cross-examine Skillern.

Three jurors have said that had this evidence been presented at the trial they would not have voted to convict. Bobby Pryor, one of the jurors, said he initially held out during deliberations, but was persuaded. "It was hard for me to do it but I had to go by what the judge instructed," Pryor said, "He just didn't get his justice in this trial."

Many working people here are discussing the case, which has been on the front pages of the Houston Chronicle and the TV every day all week. Donny Matthews, a garment worker here, commented, "I don't know if he is guilty or not. But if there are that many questions, why not give him another trial?" Matthews said he is not for or against the death penalty, but noted that it is only used for some groups of people, "If you are rich you aren't going to be on death row," he remarked.

Graham "should at least have the opportunity to have the people who say they are witnesses be heard," said Mary Leblanc, another garment worker. "I don't believe in the death penalty." She added, "When I look at my children I think it could be them on death row. They could be there just for the way they look, in the wrong place at the wrong time."

Some workers accepted the government's argument that Graham had a fair trial and should be executed.

Protests demanding a reprieve and new trial took place all week, including three days outside the state Republican convention.

A spirited contingent marched in the Juneteenth parade through downtown with posters calling for stopping the execution. Posters were distributed to parade watchers, many of whom held them up as the contingent chanted "Free Gary Graham" and "No justice, No peace."

Some 150 people protested the announced execution and a couple dozen protesters were arrested June 19 at the governor's mansion in Austin.

On the same day, the pro-death penalty group Justice for All, a "victims' rights organization," called a news conference hailing the planned execution. Among their arguments for putting Graham to death were other crimes that Graham was accused of, although they had nothing to do with the case of Bobby Lambert's death.

That night on ABC's Nightline program, Texas attorney general John Cornyn insisted that Graham had a fair trial.

Governor Bush told the Chronicle that he would stand on principle and that, "the principle is the death penalty is administered justly and fairly to save lives. I believe that."

Even while Graham and his supporters were fighting to have the evidence be heard, three more people were executed, on June 12, 14, and 15. Under the Bush tenure alone 134 people have been put to death.

Lea Sherman is a meat packer in Houston. Jacquie Henderson, a garment worker, contributed to this article.  
 
 
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