Copyright: 2003 The Dallas Morning News
Contact: letterstoeditor@dallasnews.com
Website: http://www.dallasnews.com/
Details: http://www.mapinc.org/media/117
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)
Bookmark: http://www.mapinc.org/find?118 (Perjury)
Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas)

LAWMAKERS GET A FAILING GRADE

Criminal Justice Reform Advocates Dismayed At Legislature's Results

AUSTIN (AP) -- A day after 12 people were released from prison in Tulia on
questionable drug convictions, criminal justice reform advocates on Tuesday
gave the Texas Legislature a failing grade for its work in addressing
problems in the state's legal system.

"This was not a successful session in terms of criminal justice reform,"
said Sen. Rodney Ellis, D-Houston.

Mr. Ellis, alongside several legal experts, said the legislation mandating
the release of the Tulia defendants was the only successful reform measure
passed by the 78th Texas Legislature.

Mr. Ellis cited the Tulia drug bust, problems with the Houston crime lab
and a fake drug scandal in Dallas as evidence of problems in Texas'
criminal justice system.

"We still don't know the magnitude of the Houston DNA debacle," Mr. Ellis
said. "But whether you're in Dallas, Austin, Houston or Tulia, there are
problems in Texas."

One of the session's biggest disappointments for criminal justice reform
advocates was failed legislation that would have required a trial judge or
jury to determine if a defendant is mentally retarded before the trial in
capital cases. The measure that did pass required post-trial determination
of mental retardation.

"Texas needs a death penalty study commission to thoroughly examine our
application of the death penalty and draft comprehensive reforms from
investigative procedures through clemency petitions," said Steve Hall,
director of the StandDown Texas Project.

Among the other criminal justice legislation that did not become law:

A bill that would raise the age limit of death penalty eligibility from 17
to 18;

A measure mandating the education of Texas peace officers on the
responsibilities of consular notification for foreign nationals;

A bill requiring the state Board of Pardons and Paroles to hold a hearing
when addressing clemency matters in a capital case;

A measure that added life without parole to the available sentencing
options in all capital felonies, including those in which the death penalty
is not sought;

A bill that would have prohibited a person from being convicted under the
Texas Controlled Substances Act on the uncorroborated testimony of a law
enforcement officer unless the judge instructs the jury that it should not
convict unless it believes the unsupported testimony beyond a reasonable doubt;

And a measure that would have allowed the governor to issue multiple 30-day
execution reprieves.