[quote]fahd wrote:
Probe points to wrongful execution
Nov 23, 2005
A Texas man executed in 1993 for a robbery-murder was probably wrongfully convicted, according to a prosecutor, the jury forewoman, an alibi witness and even a victim, the Houston Chronicle said on Tuesday.
“Ruben Cantu had nothing to do with the murder, attempted murder and robbery of the two men … I should know,” a friend and fellow gang member, David Garza, told the newspaper.
Cantu, only 17 when the crime took place, was convicted of murdering Pedro Gomez during a 1984 robbery largely on the testimony of a single eyewitness, Juan Moreno.
Moreno, then 19, an illegal immigrant wounded during the robbery, now says he is positive Cantu was not at the scene.
Moreno twice failed to identify Cantu to police, but did so when they asked him a third time, the Chronicle said. Cantu was put to death by lethal injection in 1993, when he was 26.
“(Police) told me they were certain it was him, and that’s why I testified,” Moreno told the newspaper.
“That was bad to blame someone that was not there.”
Texas, President George W. Bush’s home state, leads the United States in executions, with 355 since 1982.
A Democrat, Ann Richards, was governor when Cantu was put to death.
Cantu would not be executed now - the US Supreme Court ruled this year that it executions are illegal for crimes committed by minors.
Garza confessed to robbery as part of the 1984 break-in in San Antonio. Currently in prison for another crime, he said he was with another teen who committed the murder, not Cantu.
Garza had immunity from further prosecution under a plea deal, but he only sent a cryptic note offering help to Cantu’s lawyer a month before the execution date.
The attorney, Nancy Barohn, said Garza never offered anything concrete and Cantu never indicated that Garza could clear him.
Miriam Ward, forewoman of the jury that sent Cantu to his fate, said the entire process failed.
“We did the best we could with the information we had, but with a little extra work, a little extra effort, maybe we’d have gotten the right information,” she told the newspaper.
“The bottom line is an innocent person was put to death for it. We all have our finger in that.”
The Bexar County District Attorney at the time, Sam Millsap Jr., now agrees police led Moreno to the identification.
“We have a system that permits people to be convicted based on evidence that could be wrong because it’s mistaken or it’s corrupt,” Millsap, now in private practice, told the Chronicle.
The Bexar County District Attorney’s Office, which prosecuted, did not return a call from Reuters on Tuesday.
[/quote]
A clearer picturer from the Lone Star Times:
Cantu case getting more attention
by Owen Courr?ges | 12/05/2005 8:25 am
I?m sorry I haven?t posted in a week, but my finals in law school are now upon me. That means I study very little unrelated to the law during this time, unless it gets me on a tear.
The Ruben Cantu case has me on a tear.
The story has gotten continued attention, mostly from the Chronicle itself (apparently, they wanted to link Cantu?s putative innocence to the landmark 1,000th post-Furhman execution). Most of the Chron?s stuff, itself an odd mix of news reporting anti-death penalty zeal, has been picked up by other editorialists and columnists condemning the death penalty. Most recently, Slate has picked up the story with an opinion piece from Dan Markel, law professor and co-founder of Prawfsblog.
But the Chron?s version of events have some very loose ends. Here are questions I?d like to see answered, and answered in such a way that I actually believe Cantu?s innocence:
- Why has the State?s primary witness, Juan Moreno, changed his story?
Juan Moreno was the surviving victim of the robbery/murder for which Cantu was executed. He now claims that he was intimidated by the police into falsely implicating Cantu and on the stand, and for the eight years until his execution. However, his claim makes little sense. He has explicitly stated that the police in no way threatened him. The Chronicle has described the supposedly police intimidation as “subtle” ? that the police strongly indicated that they knew Cantu was guilty. But without any serious allegations of police misconduct (i.e., threats), why would Moreno misidentify Cantu as the perpetrator?
It is true that Moreno initially declined to recognize Cantu in a photo array, but police did subsequent photo arrays, and finally Moreno ID?ed Cantu. The Texas Court of Criminal Appeals hold that the identification pretrial identification procedure was suggestive, since repeated photo arrays with the same person (Cantu) tended to indicate that police had somebody in mind. However, they held that the risk of irreparable misidentification was slight since Moreno had a clear view of Cantu during the crime. In any event, there was no evidence offered of police intimidation, and Moreno doesn?t dispute the record.
Also, Moreno?s explanation for why he initially refused to identify Cantu was sound ? Cantu was a member of a violent youth gang that might retaliate against Moreno?s family. This explanation certainly makes more sense that Moreno?s current story ? that even in the complete absence of any threats by the police, he was so overwhelmed by “subtle” intimidation that he perjured himself, sent and innocent man to death row, and refused to do anything about it for eight years. And now the guilt for this utterly irrational act has caught up with him. Thanks to an investigation by the Houston Chronicle, he?s finally ready to speak up.
Am I the only one who thinks this sounds fishy? There?s got to be more to this story, because what Moreno is saying now just doesn?t make much sense to me (unless Moreno is a truly ridiculous person). I?d like the Chronicle to find out the truth.
- Why should we to believe the story of David Garza, Cantu?s co-defendant, who now claims Cantu was innocent?
The revelations of David Garza are even less credible. Garza, now incarcerated, says that that a third teen was the person who actually committed the crime with him. Cantu and Garza were close friends who apparently did everything together, but on the night of the murder, Cantu was supposedly gone, and another teen committed the crime with him. The man who Garza implicates only has one domestic violence conviction on his record? nothing to indicate he?s a cold-blooded killer. He emphatically denies any involvement. For his part, Garza claims that a gangland “code of silence” kept he and Cantu from clarifying the situation in open court. It isn?t clear why this kept Garza from speaking out sooner.
The police claim that Garza identified Cantu prior to his trial, which Garza denies. So bascially, Garza claims that the police are lying, this third person is lying, and that a “code of silence” sent Cantu to death row. Everyone?s lying but Garza, and of course, now Moreno. I just don?t see why his affidavit should carry any weight.
The Chronicle apparently hasn?t bothered to show this third man?s picture to Moreno in order to see if the two stories match (if they have an it?s buried somewhere in one of their articles, I?d love to hear about it). If Moreno can?t identify this third party, or says it wasn?t him, that definitely would raise my suspicions.
- What about other issues with the case?
The Chronicle has also made hay of the fact that evidence was offered in court that a month after the murder, Cantu had shot Officer Joe de la Luz several times in a pool hall. Luz claimed that the attack was unprovoked, while Cantu claimed that they?d had an altercation and Luz flashed a gun in his waistband and threatened him. Cantu?s attorney?s called up six other San Antonio police officers to dispute Luz?s testimony as to the indicent. By the Chronicle?s reckoning, this tainted the jury findings. By all reports, Luz was a bit of a druken hothead ? he had commendations in his record, but also reprimands and incident reports. Cantu?s story was believable.
However, the jury was exposed to both sides, and no matter what the facts, Cantu was essentially guilty of attempted murder, or at least assault with a deadly weapon. Even if Luz threatened him and revealed he was armed, that doesn?t make pulling your gun and emptying a clip into a person “self-defense.” Luz was lucky to survive. Most people shot several times wind up dead, and I doubt Cantu was such a sharpshooter that Luz?s survival was in any way intentional. The jury was correct to take the incident into account. What reason is there to believe otherwise?
The Chronicle has also made hay over the existence of other alibi witnesses who didn?t testify. Cantu?s sister testified as an alibi witness at trial, but the jury didn?t believe her. The Chronicle has identified a non-family witness, but it?s not altogether clear what his motivations are (A family friend? A fellow gang member?). Cantu?s brother?s could have also testified, but it?s unlikely that their testimony would have added anything, since they are apparently violent thugs themselves. Remember, the man implicated by Garza claims to himself be the victim of continuing harassment from Cantu?s brothers, who want to intimidate him into changing his story.
In conclusion, the case is certainly messy, but I?m not quite sure that it justifies the Chronicle?s conclusion that Cantu was “probably innocent.” I see a great many people changing their stories, and not much here to believe.