TEXAS ATTORNEYS CALL ON BUSH FOR MORATORIUM

Houston Lawyers Demand Governor Look Into Capital Punishment Problems

HOUSTON, TX -- The Harris County Criminal Lawyers Association, headquartered in the greater Houston area, issued a statement Friday demanding that Texas Governor George W. Bush implement an immediate moratorium on the death penalty. HCCLA issued the demand in light of recently published studies showing the capital punishment system in Texas to be flawed and the impending execution of Gary Graham.

Our system is rife with problems. In our haste to punish, were overlooking the rights of the accused," said Richard Frankoff, HCCLA president-elect. HCCLA is trying to make the public more aware of whats going on in Texas courts."

Frankoff added that the Gary Graham case is a perfect example of a system gone afoul.

As to the question of Grahams innocence, Frankoff responded, We dont know whether or not Graham is innocent. Nobody does because he never got a fair trial."

Graham was convicted of the 1981 shooting murder of Bobby Grant Lambert outside a Safeway food store in Houston. HCCLA and Grahams attorneys say that the courts ignored potentially exculpatory witness testimony. They further claim that Graham was poorly represented and Grahams age at the time, 17, should have been taken into consideration. Graham opponents say that all the evidence has been considered and no basis for a new trial exists.

HCCLA notes the Roy Criner case, another Texas death penalty case, as yet another example of a system that needs to be examined. Criner was convicted of the rape and murder of a 16-year-old girl. Criners attorney, Mike Charleton successfully introduced DNA evidence tested at two separate facilities that concluded Criner could not have been the donor. The Texas Court of Criminal Appeals however, denied Criner a new trial and upheld his conviction. The final vote was 5-4 with Judge Sharon Keller issuing the majority opinion. Ironically, Charleton also helped argue the appeal for Gary Graham before the same court.

Since Harris County has no public defender system, HCCLA often defends those who cannot afford legal counsel. The group says its chief goal will be to focus on a death penalty moratorium and crusade to make positive changes in the system.

In their statement, which was forwarded to Governor Bushs campaign, HCCLA notes that Republican governors in three states already have a moratorium in place. They called upon Bush to follow suit so the system can be examined and solutions found.

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June 16, 2000

STATEMENT TO GOVERNOR BUSH

The Harris County Criminal Lawyers Association, HCCLA, issues this statement today to demand that Governor Bush implement an immediate death penalty moratorium in Texas.

Recent studies have shown that the capital punishment system is flawed. Defendants like Gary Graham are being convicted without proper representation, while the Texas Court of Criminal Appeals continues to ignore exculpatory evidence.

Republican governors in three states have already put a moratorium in place because they have recognized that the system is not working to protect the rights of the accused. We call upon Governor Bush, to follow their brave lead.

Gary Graham is to be executed June 22, 2000. HCCLA joins the clarion call to urge Governor Bush to implement an immediate moratorium until the system can be re-examined and solutions found.

Our system is flawed, we know this to be true when a man who faces the ultimate penalty is not afforded due process. Gary Graham was not given a fair trial and is going to be executed. Some witnesses in the case have still yet to be heard in a court of law. He was poorly represented at a trial for his life. While opinions regarding the death penalty itself vary among our 400-plus members, HCCLA stands united on this position.

Richard Frankoff
President-elect
713.520.8040

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HARRIS COUNTY CRIMINAL LAWYERS ASSOCIATION
POST OFFICE BOX 22773   HOUSTON, TEXAS 77027

HCCLA Fact Sheet

Harris County Criminal Lawyers Association -- HCCLA

HCCLA has been in existence since 1970. Past presidents of the organization include
Dick DeGuerin -- noted defense attorney
Marvin Teague -- former member Texas Court of Criminal Appeals

Currently HCCLA boasts a membership of over 400 attorneys from the Greater Houston Area.

Contact:
President-elect: Richard Frankoff
713.520.8040 - office
713.726.0083
Email: frankoff@orbitworld.com

Mr. Frankoff is available for comment at anytime at the numbers above.

Mission Statement of HCCLA

Our Mission Is to Assist, Support, and Protect the Criminal Defense Practitioner in the Zealous Defense of Individuals and Their Constitutional Rights. It Is Further Our Mission to Educate and Inform the General Public Regarding the Administration of Criminal Justice and the Need for an Independent, Ethical, and Professional Criminal Defense Bar.

For more, see http://www.hccla.org

Other Information:
Jack Zimmerman / Jim Lavine (pronounced luh-vine) -- currently representing Gary Graham
713.552.0300 - office

Grahams scheduled execution date: 6/22/2000

The statement was faxed and the original sent via certified mail to the Governor. Signed copies of the statement to Governor Bush can be obtained from Mr. Frankoffs office.