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UPDATE
On February 24, 2004, the United States Supreme Court overturned the death sentence of Delma Banks, Jr. by a 7-2 vote, concluding that Banks was denied a fair trial as prosecutors did not disclose key information to the defense. The case has been remanded to a lower court.
Comprehensive Information on Delma Banks Case
"U.S. Supreme Court to Review Death Sentence" Washington Post 4/21/03
U.S. SUPREME COURT GRANTS BANKS A STAY OF EXECUTION!
Los Angeles Times 3/13/03
DON'T LET TEXAS KILL AN INNOCENT MAN WITHOUT MAKING YOUR VOICE HEARD!
Contact the Governor!
Governor Rick Perry
Office of the Governor
PO Box 12428
Austin, TX 78711-2418
phone: (512) 463 1782
fax: (512) 463 1849
e-mail: www.governor.state.tx.us
UPDATE
Monday, March 10, 2003
- Texas Court of Criminal Appeals denies appeal on a 6 to 3 vote.
- Texas Board of Pardons and Paroles refuses to consider petition because it was submitted a week late.
Editorial-San Antonio Express News 3/12/03
Editorial-Dallas Morning News 3/12/03
How To Stay Texas Executions-Dallas Morning News 3/12/03
New York Times 3/12/03
The Justice Project
Bob Herbert's column
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Letter to Governor Perry
Dear Governor Perry:
We write to ask you to grant Mr. Delma Banks Jr. a thirty-day reprieve and to encourage the Board of Pardons and Paroles to further investigate his case. Mr. Banks is scheduled to be executed today, Wednesday, March 12, 2003. The circumstances surrounding the conviction of Mr. Banks have raised a number of questions and the pending execution has drawn severe criticism.
Several members of the legal community recently expressed their strong reservations in a brief to the United States Supreme Court. Judge William S.
Sessions said in his brief that there are uncured constitutional errors in the process through which he was convicted and sentenced. Because these uncorrected errors are typical of those that have undermined public confidence in the fairness of our capital punishment system, the significance of this case extends well beyond the interests of those that are personally involved.
Mr. Banks' defense attorney was less than thorough during the trial and the sentencing phase. In addition, appellate counsel apparently missed critical deadlines which may have impacted consideration of the manner in which the case was handled at the trial level. We have a moral responsibility to ensure that the death penalty is assessed judiciously. The circumstances surrounding this situation cannot guarantee us a clear conscience.
We believe that Mr. Banks' case warrants further investigation by the Board of Pardons and Parole. Again, we urge you to grant a thirty-day reprieve. Your prompt attention to this matter is greatly appreciated.
Sincerely,
________________________________________________
The signees are Senators
Ellis
West
Armbrister
Wentworth
Brimer
Barrientos
Van de Putte
Whitmire
Shapleigh
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