United States of America
19.08.02
Urgent Interventions
USA: OMCT calls upon the Governor of Texas to stay the execution of Mr. Gary Wayne Etheridge and award him clemency
The Honourable Rick Perry,
Governor of Texas,
State Capitol
PO Box 12428
Austin, TX 78711
Fax: 00 1 512 463 1849 / 0039
Geneva, August 19th, 2002
Open Letter to Governor Rick Perry of the State of Texas
OMCT calls upon the Governor of Texas to stay the execution of Mr. Gary Wayne Etheridge and award him clemency
The World Organisation Against Torture (OMCT), the world’s largest coalition of non-governmental organisations (NGOs) working in the fight against torture, calls upon the Governor of the State of Texas, Mr Rick Perry, to stay the execution of 38-year old Mr. Gary Wayne Etheridge, which is scheduled for tomorrow, August 20th, 2002. Mr. Etheridge was sentenced to death in November 1990, for a murder committed in February 1990. OMCT believes there were irregularities during his trial, including inadequate legal representation and the failure to bring all mitigating factors into account, which demand that this execution be halted and that he be given clemency.
According to the information received, Mr. Gary Wayne Etheridge was sentenced to death for the murder of Christi Chauvierre, who was sexually assaulted and stabbed to death during the robbery of her home in Brazoria County, Texas. Gail Chauvierre, Christi’s mother, was also stabbed during the robbery and reportedly died several years later, having contracted Hepatitis C from blood transfusions that she underwent as a result of the wounding. Mr. Etheridge claims that he did not murder Christi Chauvierre, despite having confessed to robbing and stabbing Gail Chauvierre.
Mr. Etheridge’s legal representation at his trial reportedly failed to make use of mitigating evidence that was at it’s disposal, which included the fact that he was the victim of severe abuse in his childhood: he was physically abused by his father, especially when the latter was drunk; he was frequently physically abused and raped by an older brother, starting at the age of six; his mother suffered from mental illness and attempted suicide on several occasions, including one which Mr. Etheridge witnessed. As a result of this, Mr. Etheridge began taking drugs and committing crimes at the age of 12. He and his four brothers have reportedly all spent time in prison during their lives. Mr. Etheridge has attempted to commit suicide on at least two occasions, once after having been raped while he was in prison. He did not receive treatment for severe depression following his release and was heavily addicted to illegal drugs. He was reportedly under the influence of cocaine and heroin when the murder of Christi Chauvierre occurred.
In addition to the fact that Mr. Etheridge’s defence did not present this mitigating evidence, they failed to object to jury instructions which did not allow for the mitigating effect of such evidence to be taken into account, despite the fact that they were aware of a 1989 Supreme Court ruling (case Penry v Lynaugh), which had found that the absence of such instructions to the jury was anti-constitutional, eventually leading to the persons in question being granted new hearings in which evidence was presented and the mitigating effect of this evidence was considered. Despite this precedent, Mr. Etheridge has not been afforded hearings in which the mitigating evidence could be considered.
Further to these failing by Mr. Etheridge’s trial lawyers, in December 1996 he was appointed an inexperienced lawyer for his state appeals who had only graduated from law school two years prior to being assigned the case, had been licensed to the Texas Bar in May 1995, and had never filed a state or federal appeal in any case, let alone one which involved capital punishment. This lawyer reportedly failed to challenge the sentence handed down during the trial in 1990, by not bringing to light the failings of Mr. Etheridge’s trial lawyers outlined above, leading to the Texas Court of Criminal Appeals rejecting his appeal in April 1998. The case then moved to the federal courts, which dismissed the claim made by a new lawyer that Mr. Etheridge had been badly represented by his lawyers at the initial trial, as the federal courts could not rule on this issue, as it had not been raised before the state courts.
Mr. Etheridge therefore faces execution on August 20th without having had the possibility of having mitigating evidence considered by a jury, and having been ineffectively represented during his trial and state appeals. Such breaches of procedure and the lack of sufficient judicial safeguards mean that the death sentence that has been handed down to him results from a trial that is in violation of internationally recognised fair trial standards and guarantees.
OMCT recalls that it is strongly opposed to the death penalty as an extreme form of cruel, inhuman and degrading treatment and a violation of the right to life, as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments.
OMCT therefore calls on the Honourable Mr. Rick Perry, Governor of Texas, to immediately stop the execution of Mr. Etheridge and ensure that he is given clemency.
Thank you for your careful consideration in this matter.
Yours sincerely,
Eric Sottas
Director
Cc: Gerald Garrett, the Chairperson of the Texas Board of Pardons and Paroles
Governor of Texas,
State Capitol
PO Box 12428
Austin, TX 78711
Fax: 00 1 512 463 1849 / 0039
Geneva, August 19th, 2002
Open Letter to Governor Rick Perry of the State of Texas
OMCT calls upon the Governor of Texas to stay the execution of Mr. Gary Wayne Etheridge and award him clemency
The World Organisation Against Torture (OMCT), the world’s largest coalition of non-governmental organisations (NGOs) working in the fight against torture, calls upon the Governor of the State of Texas, Mr Rick Perry, to stay the execution of 38-year old Mr. Gary Wayne Etheridge, which is scheduled for tomorrow, August 20th, 2002. Mr. Etheridge was sentenced to death in November 1990, for a murder committed in February 1990. OMCT believes there were irregularities during his trial, including inadequate legal representation and the failure to bring all mitigating factors into account, which demand that this execution be halted and that he be given clemency.
According to the information received, Mr. Gary Wayne Etheridge was sentenced to death for the murder of Christi Chauvierre, who was sexually assaulted and stabbed to death during the robbery of her home in Brazoria County, Texas. Gail Chauvierre, Christi’s mother, was also stabbed during the robbery and reportedly died several years later, having contracted Hepatitis C from blood transfusions that she underwent as a result of the wounding. Mr. Etheridge claims that he did not murder Christi Chauvierre, despite having confessed to robbing and stabbing Gail Chauvierre.
Mr. Etheridge’s legal representation at his trial reportedly failed to make use of mitigating evidence that was at it’s disposal, which included the fact that he was the victim of severe abuse in his childhood: he was physically abused by his father, especially when the latter was drunk; he was frequently physically abused and raped by an older brother, starting at the age of six; his mother suffered from mental illness and attempted suicide on several occasions, including one which Mr. Etheridge witnessed. As a result of this, Mr. Etheridge began taking drugs and committing crimes at the age of 12. He and his four brothers have reportedly all spent time in prison during their lives. Mr. Etheridge has attempted to commit suicide on at least two occasions, once after having been raped while he was in prison. He did not receive treatment for severe depression following his release and was heavily addicted to illegal drugs. He was reportedly under the influence of cocaine and heroin when the murder of Christi Chauvierre occurred.
In addition to the fact that Mr. Etheridge’s defence did not present this mitigating evidence, they failed to object to jury instructions which did not allow for the mitigating effect of such evidence to be taken into account, despite the fact that they were aware of a 1989 Supreme Court ruling (case Penry v Lynaugh), which had found that the absence of such instructions to the jury was anti-constitutional, eventually leading to the persons in question being granted new hearings in which evidence was presented and the mitigating effect of this evidence was considered. Despite this precedent, Mr. Etheridge has not been afforded hearings in which the mitigating evidence could be considered.
Further to these failing by Mr. Etheridge’s trial lawyers, in December 1996 he was appointed an inexperienced lawyer for his state appeals who had only graduated from law school two years prior to being assigned the case, had been licensed to the Texas Bar in May 1995, and had never filed a state or federal appeal in any case, let alone one which involved capital punishment. This lawyer reportedly failed to challenge the sentence handed down during the trial in 1990, by not bringing to light the failings of Mr. Etheridge’s trial lawyers outlined above, leading to the Texas Court of Criminal Appeals rejecting his appeal in April 1998. The case then moved to the federal courts, which dismissed the claim made by a new lawyer that Mr. Etheridge had been badly represented by his lawyers at the initial trial, as the federal courts could not rule on this issue, as it had not been raised before the state courts.
Mr. Etheridge therefore faces execution on August 20th without having had the possibility of having mitigating evidence considered by a jury, and having been ineffectively represented during his trial and state appeals. Such breaches of procedure and the lack of sufficient judicial safeguards mean that the death sentence that has been handed down to him results from a trial that is in violation of internationally recognised fair trial standards and guarantees.
OMCT recalls that it is strongly opposed to the death penalty as an extreme form of cruel, inhuman and degrading treatment and a violation of the right to life, as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments.
OMCT therefore calls on the Honourable Mr. Rick Perry, Governor of Texas, to immediately stop the execution of Mr. Etheridge and ensure that he is given clemency.
Thank you for your careful consideration in this matter.
Yours sincerely,
Eric Sottas
Director
Cc: Gerald Garrett, the Chairperson of the Texas Board of Pardons and Paroles