Jeffrey Wood
August 17, 2016 1:14 PM   Subscribe

 
Texas Monthly: Does This Man Deserve to Die?

I have truly never seen a better place to apply Betteridge's law.
posted by zachlipton at 1:40 PM on August 17, 2016 [24 favorites]


“Mr. Wood understands that his execution is looming but he has difficulties processing why it is happening to him,” his lawyer, Jared Tyler, says. “He doesn’t understand why the state is trying to kill him.”

Christ. What a shitty world.

I'm reminded of Brendan Dassey's comments. At least he wasn't going to be executed.
posted by Braeburn at 1:51 PM on August 17, 2016 [1 favorite]


This is a common law. I have many clients who don't understand how they are in prison for life because their friend or relative killed someone, and they didn't even try to hurt anyone. It's sad and unfair.
posted by agregoli at 1:57 PM on August 17, 2016 [11 favorites]


Felony murder is bullshit.
posted by Holy Zarquon's Singing Fish at 2:18 PM on August 17, 2016 [5 favorites]


What a mockery of justice. I guess I can understand wanting to make it difficult for people to evade culpability if they were part of a conspiracy to commit a crime that results in death even if they weren't the ones who directly caused said death, but how can we ethically justify laws that literally punish people for acts they didn't intend, didn't know about, and didn't do? Doesn't that mean that we're putting an effective duty on people to prevent acts that we're acknowledging they may or may not even know are occurring?
posted by clockzero at 2:19 PM on August 17, 2016 [7 favorites]



culpability if they were part of a conspiracy to commit a crime that results in death


according to the link, he helped the killer try to cover up the murder by removing site video surveillance tapes... which would put this in the gray area of why we kill anyone for justice, except for the whole IQ of 80 thing.

the issue here is really that the US court system specializing in inventing outrageous punishments for people who are really really dumb. dumb in the way that children and dogs are dumb. like the local man who helped a friend burn down his foster mom's house (because he was mad at her) while out on bail and wearing a GPS ankle bracelet.

it makes a mockery of "justice" but if you are at ask familiar with American justice it's nothing new or even remarkable.
posted by ennui.bz at 2:26 PM on August 17, 2016 [4 favorites]


Someone should tell Texas that most of the rest of the world gave up on human sacrifice a long time ago.
posted by Grangousier at 2:30 PM on August 17, 2016 [10 favorites]


Many that live deserve death. And some that die deserve life. Can you give it to them? Then do not be too eager to deal out death in judgement. For even the very wise cannot see all ends.
posted by blue_beetle at 2:39 PM on August 17, 2016 [7 favorites]


I really hope to see the end of this barbaric joke of a "just" penalty in my lifetime.
posted by sallybrown at 2:44 PM on August 17, 2016 [1 favorite]


It's funny how these laws keep getting applied to low-IQ men, often of color, who were sitting in the car, but nobody remotely considers their applicability in white collar cases. GM paid compensation for hundreds of deaths as a result of the ignition switch defects, which they covered up for years, and reasonably enough, not one person ever said "maybe we should bring a death penalty case against GM executives." Surely, from a moral perspective if not a legal one, GM execs had at least as much interest in committing a crime that could result in hundreds of deaths as Jeffrey Wood. The CEO Massey Energy went to jail for a year evading safety standards--29 miners died--he's at least as guilty as Wood, arguably far more.

And to be clear, I don't think any of these people, or anyone, should be executed, but the hypocrisy cannot be ignored of spending so much effort trying to kill a man who sat in the car who was obviously not capable of standing trial when nobody remotely suggests anything of the sort about corporate executives who were far more involved in dozens or hundreds of deaths.
posted by zachlipton at 2:47 PM on August 17, 2016 [77 favorites]


The Texas law of parties doesn't just apply when there's a death, it can be applied to any crime...in theory.

I once guaranteed that I wouldn't be picked for jury duty here in good ol' liberal Austin by telling the prosecutor, who had explained the law of parties to us after telling us about the nature of the case, that I was extremely cynical about this "instrument of justice" because it didn't seem to come up in white collar crimes.

I continue to be appalled by how blood thirsty the system is here in my home state.
posted by lord_wolf at 2:52 PM on August 17, 2016 [13 favorites]


The law is a blunt instrument, and applying it in a stiuation like this is like trying to knit with a sledgehammer and tennis racket. The people who invented the whole idea of law knew this which is why judges are generally given so much power and latitude, but that basically means you're one human being who might be an angel or a psychopath from a decision like this.
posted by Bringer Tom at 3:09 PM on August 17, 2016


Someone should tell Texas that most of the rest of the world gave up on human sacrifice a long time ago.

This is, unfortunately, not only untrue but seems contrary to trends in international norms and values.
posted by clockzero at 3:10 PM on August 17, 2016 [3 favorites]


There was a similar 2005 case where the death sentence was commuted at the last minute.

But you can still get fucked in any state where there are "accessory after the fact" laws, even if you didn't know a crime was likely to or had been committed -- like if you give the wrong person a ride somewhere. Maybe not the death penalty, but if the prosecutor doesn't take a liking to you and you don't have the cash for a good defense you might have a bad time.
posted by RobotVoodooPower at 3:14 PM on August 17, 2016 [1 favorite]


FTA

Wood has an IQ of about 80, which is below average. According to school and psychological records, he has always had trouble processing information. At home he was severely beaten with a razor strap for his poor grades, and in school he craved attention.

Jesus. I can't, I just...
posted by BigHeartedGuy at 4:15 PM on August 17, 2016 [6 favorites]


It's this part that gets me:
A jury first found Wood incompetent to stand trial, and he was committed to a psychiatric institution. Less than three weeks later, Wood was determined competent by a psychiatrist to stand trial. After he was convicted, he tried to represent himself during his sentencing, but the judge denied that request, effectively finding him mentally incompetent to do so.

Lucy Wilke, who prosecuted Jeffrey Wood in his 1998 trial, writes via email, “He did not pull the trigger, but he was definitely the ring-leader [of the robbery].” She confirms that Wood’s lawyers did not present any mitigating evidence and that they didn’t cross-examine state witnesses during the punishment phase of his trial. “The reason for that was because Wood specifically, on the record, instructed his two very experienced and competent attorneys not to present any evidence or cross-examine any State witnesses,” Wilke writes.

“Unfortunately, even though the judge found him incompetent to represent himself, nobody stopped the proceeding to inquire as to his competency to stand trial at that point or to make these irrational decisions,” counters Jared Tyler, who took on Wood’s case in 2008. “I believe Wood was incompetent to make the decision not to defend himself. It was irrational and in line with the evidence on which a jury had previously found him incompetent to stand trial.” Tyler adds, “I’ve never seen a case like Mr. Wood’s, in which a person has been executed or will be executed in which there was no defense at all on the question of death-worthiness.”
Somebody, who was already found by a jury to be incompetent to stand trial is magically competent again after three weeks, then not competent again a bit later. As evidence of his lack of competence, we have the fact that he instructed his lawyers not to present evidence or cross-examine witnesses during the penalty phase. How does a judge just sit there and go "ok, you clearly know what you're doing. I guess we won't have any evidence on why we shouldn't kill you?"
posted by zachlipton at 5:27 PM on August 17, 2016 [2 favorites]


Texas is addicted to killing people the way some people are addicted to alcohol.
posted by LastOfHisKind at 5:28 PM on August 17, 2016


... but nobody remotely considers their applicability in white collar cases. GM paid compensation for hundreds of deaths as a result of the ignition switch defects, ......
And to be clear, I don't think any of these people, or anyone, should be executed,


While I generally agree that many instances of the death penalty are ineffective at discouraging violent crime and just wrong, I just wonder if a few "top level executives" faced the ultimate price word might get around the various boardrooms. Just might lead to an increase in business school courses on ethics and the impetus to "do the right thing" as much as the most profitable.
posted by sammyo at 5:32 PM on August 17, 2016 [6 favorites]


according to the link, he helped the killer try to cover up the murder by removing site video surveillance tapes... which would put this in the gray area of why we kill anyone for justice, except for the whole IQ of 80 thing.

GIven that most criminals who actually kill people are not subject to the death penalty, I don't understand why someone who helps conceal a murder by someone else would be in "the gray area," Can you explain in more details what criteria you use for deciding when it's appropriate to "kill someone for justice."
posted by layceepee at 5:33 PM on August 17, 2016 [1 favorite]


This problem, along with many others, can only be fixed at the SC, and who selects SC nominees, and who are the two people most likely to be the next President, and which one of them will make the saner nominations?
posted by Beholder at 6:10 PM on August 17, 2016 [1 favorite]


This problem, along with many others, can only be fixed at the SC, and who selects SC nominees, and who are the two people most likely to be the next President, and which one of them will make the saner nominations?

Unfortunately, its probably the one whose husband suspended his own presidential campaign to make sure he could be back in Arkansas for the execution of a brain-damaged prisoner. If this really is a problem that can only be solved by the Supreme Court, I don't see much hope that it will be solved anytime soon.
posted by layceepee at 6:32 PM on August 17, 2016 [1 favorite]


Unfortunately, its probably the one whose husband suspended his own presidential campaign to make sure he could be back in Arkansas for the execution of a brain-damaged prisoner. If this really is a problem that can only be solved by the Supreme Court, I don't see much hope that it will be solved anytime soon.

1992 was a very different time. After the furore with Dukakis it was all but political suicide to go against the death penalty. There was no way or support to stop it at a national level, the states that didn't want it were repealing it and the Supreme Court had just come out of McCleskey v. Kemp which denied a possible backdoor on an execution moratorium through the judiciary. There were no good ways to fight it and nothing to be gained by dying on that hill.
posted by Talez at 8:23 PM on August 17, 2016 [3 favorites]


There were no good ways to fight it and nothing to be gained by dying on that hill.

Well, you know, except for saving the brain-damaged guy from literally dying on that hill.
posted by equalpants at 9:21 PM on August 17, 2016 [4 favorites]


...which is a little unfair I guess since Clinton didn't sentence the guy in the first place and would've had to go out of his way to save him. But nonetheless, Clinton made a show of supporting the execution. Either he agreed with it or, despite disagreeing, he took very cynical advantage of it. Doesn't inspire much confidence either way.
posted by equalpants at 9:27 PM on August 17, 2016


Bill Clinton's political decision over twenty years ago doesn't inspire confidence in a completely different person's potential SC nominees? Speaking of things that are a little unfair...
posted by palomar at 9:44 PM on August 17, 2016 [10 favorites]


No, I agree with you, I don't think Bill's decisions have anything to do with Hillary.

I was only responding to the point that Bill's actions were forced by the environment, that maybe they didn't reflect his true feelings. I think he went beyond what the environment required.
posted by equalpants at 9:49 PM on August 17, 2016


Ah, I see, I worded that very poorly, sorry. The way he went above and beyond doesn't inspire confidence that he secretly disagreed.
posted by equalpants at 9:56 PM on August 17, 2016


Hillary Clinton supports the (federal) death penalty in 2016.
posted by L.P. Hatecraft at 10:43 PM on August 17, 2016 [3 favorites]


Guys I don't know what you're all complaining about. Clearly executing this man will send a message to all the other mentally-challenged people who were thinking about sitting in a car outside a convenience store while their friend does something that may or may not result in a capital murder charge.

Deterrence. That's the name of the game here. Texas is just trying to stay ahead.
posted by Mayor West at 6:26 AM on August 18, 2016 [2 favorites]


Hillary Clinton supports the (federal) death penalty in 2016.

Well, she has weak support for it. (“If the Supreme Court said, ‘No, it violates the 8th Amendment, it’s cruel and unusual punishment,’ I would breathe a sigh of relief about that.”) And she does seem to recognize there are lots of problems with it ("any state that continues capital punishment either must meet the highest standards of evidentiary proof of effective assistance of counsel or they cannot continue it").

I'm against the death penalty, but most Americans are for it. So I'm not sure what "in 2016" means --- its not like the country has decided the death penalty is wrong and she's holding on to some outdated view.

I wish she would be 100% against it, absolutely. But anti-death-penalty views are a minority.

That said, anyone in California vote for Prop 62!

The last anti-DP prop was in 2012 and failed 52-48, so it wouldn't take much of a swing for it to pass this time.
posted by thefoxgod at 3:23 PM on August 18, 2016 [1 favorite]


Update: the Texas Court of Appeals has placed a hold on the execution, pending a review. The order was issued on Wood's 43rd birthday. Here's hoping that the stay (at the very least) will be upheld.
posted by Bora Horza Gobuchul at 5:01 AM on August 20, 2016 [1 favorite]


Charged with murder, but they didn’t kill anyone—police did - "A Reader investigation found ten cases since 2011 where police killed a civilian in Chicago and charged an accomplice with the murder."
posted by the man of twists and turns at 7:26 AM on August 20, 2016


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