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By Congressman Ciro. D. Rodriguez (WASHINGTON, DC) Monstrous crimes, perpetrated with hatred and disrespect for the sanctity of life must be punished. In these cases, capital punishment is perhaps the only, and certainly the ultimate, victims' right. Yet, recent questions about the fairness and accuracy of the death penalty have led to a growing consensus in Texas, and across the nation, that our criminal justice system might be punishing the wrong people. Although I support the death penalty, I called on Governor Bush to halt Texas' execution conveyor belt pending a study of our system. In a written response to my calls for a moratorium on executions, Governor Bush ensured me that his confidence in the Texas criminal justice system is intact and that, despite nationwide studies indicating a much different picture, not a single person has been wrongly executed in Texas. We cannot ignore the mounting evidence which includes technological advances in DNA sampling and ballistics, reports of ethnic bias, and less than vigorous court-appointed defense attorneys that we might execute an innocent person. Governor Bush's continued refusal to review the Texas capital punishment system disregards what Texas and national judicial officials have characterized as significant doubts about fairness and the death penalty. Other states, faced with similar judiciary inquiries, have commissioned studies to address and implement modern solutions to similar problems. Instead, the focus in Texas remains on volume. Recent reprieves and pardons, undoubtedly in response to the growing attention on Texas' capital punishment system, granted by Governor Bush recognize, if not admit, the potential for error in the system. A temporary moratorium would do nothing more than provide the justice system the opportunity to step into 21st Century forensic science. In a recent case, Governor Bush granted a stay of execution for this express purpose. DNA evidence later confirmed that the death row inmate was, indeed, guilty. Punishment is only fair if it is imposed on the guilty. The victim's family gains some sense of justice with the knowledge that the right person received the ultimate punishment any legal system can impose. In other cases, DNA testing has established the convicts innocence - sometimes after years and years in prison. We need - for the sake of justice - to review every case so we can have the confidence we must when we execute a prisoner. Until scientific methods can be utilized on a consistent basis to establish the accuracy of the capital punishment sentence, the American public will always have questions. The arguments for reviewing the capital punishment system are compelling. The justice system is designed for fairness, but it is human nature that makes up the system. The defendant must be represented by a capable attorney at trial. The attorney must be dedicated to investigating every aspect of the case and motivated by the knowledge that a human life >balances on his defense. The judge must be committed to the protection of the defendants' rights as the premise "innocent until proven guilty" implies. Jurors must be independent of racial and ethnic biases. Finally, the defendant should be aware of the nature of the charges against him and the jeopardy he faces. Governor Bush informed me that his powers are limited. He should not >hide >behind the weak nature of his office to avoid his responsibility to provide leadership. If he lacks the power, he can certainly join the fight to ensure that Texas justice is truly just. A weak link in this chain undermines the integrity and reliability of our capital punishment system, poisoning our sense of justice. And studies indicate weak links abound. Nationally, courts found serious, reversible errors in nearly 7 of every 10 capital sentences that were fully reviewed from 1973 to 1995. After state courts threw out 47% of death sentences due to serious flaws, a later federal review found serious errors in 40% of the remaining sentences. This alarming error rate points to inherent and systemic problems that must be addressed. If capital defendants, for example, had better lawyers at trial - the most critical phase - we might see fewer errors, fewer appeals, fewer reversals and savings for our justice system. A more efficient, dependable, and fair justice system is the ultimate goal. Bipartisan legislation currently before Congress would increase access to DNA testing and set competency standards for court-appointed defense attorneys, badly needed reforms. But, it is my firm conviction that Texas should not wait for Congress to do the right thing. Now is the time to stand up for justice.

David McFarland Congressman Ciro D. Rodriguez 323 Cannon House Office Building >Washington, DC 20515 David.McFarland@mail.house.gov >http://www.house.gov/rodriguez/ >(202) 225-1640 (202) 225-1641 >*************************** >television reminder: Sunday, Sept. 3, NBC (7 pm eastern time--- >check your local listings)....."DEADLY JUSTICE" will highlight the >death penalty