Texas
EXPLAINER: Concern mounts as execution of Texas mother Melissa Lucio nears
HOUSTON (AP) — Almost half of the jurors who sentenced a Texas girl to die for the 2007 demise of one in all her 14 youngsters have referred to as for her upcoming execution to be halted and for her to get a brand new trial.
Melissa Lucio, 52, is about to be executed Wednesday for the demise of her 2-year-old daughter Mariah in Harlingen, a metropolis of about 75,000 in Texas’ southern tip.
Her attorneys say new proof reveals that Mariah’s accidents, together with a blow to the top, had been attributable to a fall down a steep staircase, and lots of lawmakers and celebrities reminiscent of Kim Kardashian, an advocate for felony justice reform, and Amanda Knox — an American who was convicted of murdering a British pupil in Italy and whose conviction was overturned — have rallied to Lucio’s trigger. Prosecutors, although, keep that the lady was the sufferer of kid abuse.
Lucio’s attorneys have filed numerous authorized appeals in search of to cease her execution. She additionally has a clemency software earlier than the Texas Board of Pardons and Paroles, which is about to contemplate her case on Monday. Republican Gov. Greg Abbott might additionally play a task in deciding Lucio’s destiny. If put to demise, Lucio could be the primary Latina ever executed by Texas and the primary girl the state has put to demise since 2014.
Right here’s what to know as Lucio’s execution approaches:
WHAT ISSUES ARE BEING DEBATED IN THE CASE?
Lucio’s attorneys say her capital homicide conviction was primarily based on an unreliable and coerced confession that was the results of relentless questioning and her lengthy historical past of sexual, bodily and emotional abuse. They are saying Lucio wasn’t allowed to current proof questioning the validity of her confession.
Her attorneys additionally contend that unscientific and false proof misled jurors into believing Mariah’s accidents solely might have been attributable to bodily abuse and never by medical issues from a extreme fall.
“I knew that what I used to be accused of doing was not true. My youngsters have all the time been my world and though my decisions in life weren’t good I’d have by no means damage any of my youngsters in such a means,” Lucio wrote in a letter to Texas lawmakers.
Cameron County District Legal professional Luis Saenz, whose workplace prosecuted the case, has mentioned he disagrees with Lucio’s attorneys’ claims that new proof would exonerate her. Prosecutors say Lucio had a historical past of drug abuse and at occasions had misplaced custody of a few of her 14 youngsters.
Throughout a generally contentious Texas Home committee listening to on Lucio’s case this month, Saenz initially pushed again on requests to make use of his energy to cease the execution, earlier than later saying he would intervene if the courts didn’t act.
“I don’t disagree with all of the scrutiny this case is getting. I welcome that,” Saenz mentioned.
Armando Villalobos was the county’s district lawyer when Lucio was convicted in 2008, and Lucio’s attorneys allege that he pushed for a conviction to assist his reelection bid. In 2014, Villalobos was sentenced to 13 years in federal jail for a bribery scheme associated to providing favorable prosecutorial selections.
WHO IS CALLING FOR LUCIO’S EXECUTION TO BE STOPPED?
Greater than half the members of the Texas Home and Senate have requested that her execution be halted. A bipartisan group of Texas lawmakers traveled this month to Gatesville, the place the state homes feminine demise row inmates, and prayed with Lucio.
5 of the 12 jurors who sentenced Lucio and one alternate juror have questioned their determination and requested she get a brand new trial. And Lucio’s trigger additionally has the backing of religion leaders and was featured on HBO’s “Final Week Tonight with John Oliver.”
Lucio’s household and supporters have been touring all through Texas and holding rallies and screenings of a 2020 documentary about her case, “The State of Texas vs. Melissa.”
WHERE DO EFFORTS TO HALT HER EXECUTION STAND?
Appeals in search of to cease Lucio’s execution are pending in state and federal courts.
The Texas Board of Pardons and Paroles is contemplating a request to both commute her demise sentence to life imprisonment or grant her a 120-day execution reprieve.
Any determination by the parole board to commute her sentence or grant the reprieve would wish Abbott’s approval. The governor, who has granted clemency to solely one demise row inmate since taking workplace in 2015, might additionally unilaterally problem a 30-day execution keep. Abbott commuted a demise sentence to life with out parole for Thomas “Bart” Whitaker, who was convicted of fatally taking pictures his mom and brother. Whitaker’s father was additionally shot however survived and led the hassle to spare his son’s life.
HOW FREQUENTLY ARE WOMEN EXECUTED?
It’s uncommon within the U.S. for a girl to be executed, in line with the Washington-based Dying Penalty Data Heart, a nonprofit that opposes capital punishment. Ladies have accounted for less than 3.6% of the greater than 16,000 confirmed executions within the U.S. relationship again to the colonial interval within the 1600s, in line with the group’s knowledge.
For the reason that U.S. Supreme Court docket reinstated the demise penalty in 1976, there have been 17 girls executed all through the nation, in line with the info. Texas has put extra girls to demise — six — than every other state. Oklahoma is subsequent, with three, and Florida has executed two.
The federal authorities has executed one girl since 1976. Lisa Montgomery, of Kansas, acquired a deadly injection in January 2021 after the Trump administration resumed executions within the federal system following a 17-year hiatus. The Justice Division has halted executions once more underneath the Biden administration.
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Observe Juan A. Lozano on Twitter: https://twitter.com/juanlozano70.
Copyright 2022 KWTX. All rights reserved.
Texas
Texas AG sues Dallas for decriminalizing marijuana
Texas Attorney General Ken Paxton announced a lawsuit Thursday targeting the blue city of Dallas over a ballot measure that decriminalizes marijuana.
Paxton alleges that Proposition R, which “prohibits the Dallas Police Department from making arrests or issuing citations for marijuana possession or considering the odor of marijuana as probable cause for search or seizure,” violates state law.
The attorney general argues in the lawsuit that the ballot measure is preempted by Texas law, which criminalizes the possession and distribution of marijuana. Paxton also claims the Texas Constitution prohibits municipalities from adopting an ordinance that conflicts with laws enacted by the state legislature.
MORE AMERICANS SMOKE MARIJUANA DAILY THAN DRINK ALCOHOL, STUDY CLAIMS
“Cities cannot pick and choose which State laws they follow,” Paxton said in a statement. “The City of Dallas has no authority to override Texas drug laws or prohibit the police from enforcing them.”
Paxton called the ballot measure “a backdoor attempt to violate the Texas Constitution” and threatened to sue any other city that “tries to constrain police in this fashion.”
WHAT ARE THE TOP RISKS OF MARIJUANA USE?
The lawsuit comes after interim Dallas Police Department Chief Michael Igo directed Dallas police officers not to enforce marijuana laws against those found to be in possession of less than 4 ounces.
Ground Game Texas, a progressive nonprofit group that campaigned in favor of the ballot measure, argued it would help “keep people out of jail for marijuana possession,” “reduce racially biased policing” and “save millions in public funding.”
TEXAS AG PAXTON FILES CRIMINAL REFERRAL AGAINST DOJ FROM ‘SUSPICIOUS DONATIONS’ THROUGH DEMOCRATIC GROUP
“It’s unfortunate but not surprising that Attorney General Ken Paxton has apparently chosen to waste everyone’s time and money by filing yet another baseless lawsuit against marijuana decriminalization,” said Catina Voellinger, executive director for Ground Game Texas.
“Judges in Travis and Hays counties have already dismissed identical lawsuits filed there. The Dallas Freedom Act was overwhelmingly approved by 67% of voters — this is democracy in action.”
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Since January 2024, Paxton has filed lawsuits against five Texas cities that decriminalized marijuana possession, arguing these policies promote crime, drug abuse and violence.
Texas
Tre Johnson, Texas Longhorns Scrape Past Saint Joseph’s to Win Legends Classic
The Texas Longhorns are heading back to Austin with some early-season tournament hardware in hand.
Tre Johnson battled through another poor shooting night but closed the game out for Texas once again, scoring a game-high 17 points to lead the Longhorns to a 67-58 win over Saint Joseph’s at the Legends Classic championship round in Brooklyn Friday night.
Transfer guard Julian Larry sparked the Longhorns late, scoring all 12 of his points in the second half. Arthur Kaluma added 14 points, four rebounds and four assists while Kadin Shedrick had 10 points and six rebounds.
The Hawks were led by Rasheer Fleming, who stuffed the stat sheet with 16 points, 20 rebounds, three assists, two blocks and three steals. Xzayvier Brown added 15 points on 4 of 7 shooting.
The Longhorns jumped out to an 11-6 lead after seven early points from Kaluma. St. Joe’s started out cold from the field but controlled the game with hard-nosed defense and the occasional press while dominating the offensive glass. This was highlighted by a possession where the Hawks got four consecutive offensive rebounds but only scored one point as a result.
Johnson stayed aggressive on offense for Texas but was off on his shot and was impacted by the on-ball defense of St. Joe’s.
Mark, Pope and Johnson all hit a triple for Texas in about a two-minute span ahead of halftime to give the Longhorns their biggest lead at 32-26 but the Hawks responded with a free throw from Haskins 3-pointer from Brown before halftime to cut the lead to 32-30.
The defense from the Hawks ramped up even more, as the Longhorns were stuck in the mud on offense and had little to no ball movement. St. Joe’s was hardly much better, but its defense continued to set the tone and eventually swung the momentum.
Larry then hit back-to-back triples as the two teams traded buckets on five straight possessions. Consecutive dunks from Ajogbor and Fleming but the Hawks in front 50-46 with 8:25 to play, but Larry continued to take over. He hit 1,000 career points with a driving layup before finding Kaluma for a corner triple to put Texas back in front at 51-50.
It didn’t stop there for Larry, who found a cutting Shedrick for a dunk before diving on a loose ball down at the other end to secure possession for Texas, which had built a 55-52 lead with 3:13 left. The Longhorns used the momentum to put together an 8-0 run, which essentially sealed the win in a game where scoring felt hard to come by.
Johnson then closed the game out with six points in the final 4:11 of action, including a pullup jumper at the foul line to put Texas up 63-55 with 1:19 left.
Texas will host Delaware State on Nov. 29.
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Texas
UT System’s free tuition plan sparks resistance from some Texas lawmakers
WASHINGTON — State Rep. Brian Harrison, R-Midlothian, said Friday he plans to meet with top University of Texas System officials after they announced a plan to provide free tuition and waived fees to students whose families make $100,000 or less.
While many elected officials have praised the initiative, Harrison criticized it as an “abuse of power” that makes Texas higher education “more socialist than California.”
Harrison said Friday he’s unswayed by statements from the system and supporters who say the move will be funded from university endowments, not taxpayers.
Harrison compared such statements to someone saying they’re removing water from the shallow side of a pool, not the deep end. It’s all the same water.
“Money is fungible, so that doesn’t satisfy me in the slightest,” Harrison said.
The new initiative is an expansion of the Promise Plus Program, a needs-based financial aid initiative, and comes amid widespread concerns about the impact of inflation and college costs on families. Gov. Greg Abbott recently prohibited Texas colleges and universities from raising tuition for the next two years.
UT System Chancellor James B. Milliken hailed the expansion as a “game changer” that will make “enormous, real difference” to improve college access for all Texans.
Not everyone is a fan.
Harrison and like-minded House colleagues have compared it to President Joe Biden’s student loan forgiveness plan that drew intense blowback from conservatives and was largely struck down by the courts. They also said such a consequential change in policy should come from the elected lawmakers serving in the Legislature.
“There must be consequences,” Harrison said on X. “UT’s budget must be cut, and bureaucrats should be fired.”
He led 10 Republican lawmakers, most of them incoming freshmen, in a letter to the regents demanding answers to a litany of questions, including the price tag of the expansion and the source of that money.
“What specific statutory authority did the regents rely on to make a decision this consequential, which will have direct financial consequences for our constituents, many of whom are already struggling to put gas in their tanks and food on their tables?” the lawmakers wrote.
UT System spokesman Paul Corliss has said the program is not funded through taxes or any kind of public subsidy.
“Rather it is funded through existing UT System endowments,” Corliss said.
Rep. Donna Howard, D-Austin, hammered that point in a response to Harrison on social media.
“There are no tax dollars involved,” Howard said on X. “Higher Ed institutions are already helping families afford college. This expands philanthropic endowments and helps meet affordability goals of [Abbott and the Texas Higher Education Coordinating Board].”
Harrison and his colleagues will have to contend with many members of the public embracing a plan that already is encouraging young people to adjust their higher education aspirations.
Frank Whitefeather, a high school senior, stayed up until 2:30 a.m. Friday working on his college application essay.
He was freshly motivated after the announcement that students whose families make less than $100,000 annually will get free tuition and waived fees at the University of Texas at Austin and other schools in the UT System.
“I wouldn’t be in debt,” said Whitefeather, 17. “I wouldn’t have to have student loans.”
Whitefeather, who attends Dallas ISD’s Sunset High School, thinks the UT news also could change many of his peers’ lives. It’s already changing his plans. Whitefeather hopes to study engineering and be his own boss one day. Texas A&M and UT Austin were his top two choices, but the free tuition announcement has pushed UT ahead.
Harrison said the university system is being contradictory by simultaneously saying it has enough money to offer tuition-free education, but also that a tuition freeze could leave it cash strapped and require more funding from the Legislature.
“I guarantee you they’re going to be requesting more tax money from the Legislature next session,” he said.
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