Sister Helen Prejean is a member of the Sisters of St. Joseph of Medaille in Louisiana. She is America’s leading abolitionist with regard to the death penalty and the author of Dead Man Walking, which was made into one of the best movies about the death penalty.
In the most recent issue of the New York Review of Books, this article is adapted from Sister Prejean’s new book, The Death of Innocents: An Eyewitness Account of Wrongful Executions that Random House is releasing next month. Sister Prejean sharply criticizes then-Governor George Bush’s denials of clemency to a large number of Texas death row defendants in Texas, noting that he distanced “himself from his legal and moral responsibility for executions.” The entire article is compelling reading, as the following excerpt reflects:
George W. Bush during his six years as governor of Texas presided over 152 executions, more than any other governor in the recent history of the United States. Bush has said: “I take every death penalty case seriously and review each case carefully…. Each case is major because each case is life or death.” In his autobiography, A Charge to Keep (1999), he wrote, “For every death penalty case, [legal counsel] brief[s] me thoroughly, reviews the arguments made by the prosecution and the defense, raises any doubts or problems or questions.” Bush called this a “fail-safe” method for ensuring “due process” and certainty of guilt.
He might have succeeded in bequeathing to history this image of himself as a scrupulously fair-minded governor if the journalist Alan Berlow had not used the Public Information Act to gain access to fifty-seven confidential death penalty memos that Bush’s legal counsel, Alberto R. Gonzales, whom President Bush has recently nominated to be attorney general of the United States, presented to him, usually on the very day of execution.[1] The reports Gonzales presented could not be more cursory. Take, for example, the case of Terry Washington, a mentally retarded man of thirty-three with the communication skills of a seven-year-old. Washington’s plea for clemency came before Governor Bush on the morning of May 6, 1997. After a thirty-minute briefing by Gonzales, Bush checked “Deny” ? just as he had denied twenty-nine other pleas for clemency in his first twenty-eight months as governor.
But Washington’s plea for clemency raised substantial issues, which called for thoughtful, fair-minded consideration, not the least of which was the fact that Washington’s mental handicap had never been presented to the jury that condemned him to death. Gonzales’s legal summary, however, omitted any mention of Washington’s mental limitations as well as the fact that his trial lawyer had failed to enlist the help of a mental health expert to testify on his client’s behalf. When Washington’s postconviction lawyers took on his defense, they researched deeply into his childhood and came up with horrifying evidence of abuse. Terry Washington, along with his ten siblings, had been beaten regularly with whips, water hoses, extension cords, wire hangers, and fan belts. This was mitigation of the strongest kind, but Washington’s jury never heard it. Nor is there any evidence that Gonzales told Bush about it.
The article concludes with the following observation:
As governor, Bush certainly did not stand apart in his routine refusal to deny clemency to death row petitioners, but what does set him apart is the sheer number of executions over which he has presided. Callous indifference to human suffering may also set Bush apart. He may be the only government official to mock a condemned person’s plea for mercy, then lie about it afterward, claiming humane feelings he never felt. On the contrary, it seems that Bush is comfortable with using violent solutions to solve troublesome social and political realities.