NEWS RELEASE
From the Office of State Senator Rodney Ellis

For Immediate Release
June 8, 2000
Contact: Jeremy Warren, (512) 463-0113

AUSTIN// Texas State Senator Rodney Ellis (D-Houston) announced a major effort to overhaul Texas' oft-criticized criminal justice system at a press conference today in Austin.

Flanked by national DNA expert Barry Scheck, Senator Ellis announced he will introduce legislation to allow post-conviction DNA testing, in limited circumstances, to ensure that innocent Texans are not wrongfully imprisoned or executed.

"Texas' criminal justice system is on trial and so far the evidence is overwhelming," said Ellis. "Nearly every day a new case arises that calls into question the administration of justice in our state. We can no longer ignore the need for fundamental reform. I believe that these strong, sensible reforms will go a long way toward ensuring a more fair and equitable justice system."

The push for legislation on DNA testing comes as national attention has focused on high profile Texas cases involving DNA. Last Thursday, Ricky Nolen McGinn, a death row inmate convicted of rape and murder, was given a 30 day reprieve in order to obtain a new DNA test because of questions surrounding his sentence. Also last week, Governor Bush pardoned A.B. Butler, a Tyler man serving a 99-year sentence for abduction and rape, after DNA tests proved he was innocent. Butler wrongfully spent 17 years in prison for the crime.

Ellis' DNA proposal will allow a convicted person to petition the trial court to permit DNA testing in their appeal. The legislation will be limited, allowing additional DNA testing only in those cases in which: 1) identity was the issue in the trial which resulted in the conviction, and 2) the evidence to be tested has been subject to a chain of custody sufficient to establish that it has not been substituted, tampered with, replaced or altered in any material aspect.

The Ellis legislation will also require law enforcement, prosecution, and the courts to preserve all DNA and biological evidence until the convicted person is no longer incarcerated. The Ellis plan is similar to legislation passed in Illinois and New York.

"Technological advances in fields such as DNA testing are beginning to play a significant role in the courtroom," said Ellis. "If the state is to administer the ultimate penalty -- the death sentence -- then Texas law must allow for this important technology to be used in appeals."

DNA testing is just one portion of an overall reform package Senator Ellis will seek next session. Other key elements will include:

• Indigent Criminal Defense Justice should not be linked to income. Last session, the Legislature approved SB 247, a moderate improvement in Texas' indigent criminal defense. Unfortunately, the bill was vetoed. Since that time, judges and advocates have worked independently on recommendations for legislation. Senator Ellis will build on those recommendations to develop a new indigent criminal defense reform plan for next session.
• Innocence Commission Support an Innocence Commission to review select death penalty cases and make recommendations for improving the system.
• Clemency Decisions Members of the Board of Pardons and Paroles do not meet before voting on commutation and reprieve decisions in capital cases. Senator Ellis will introduce legislation to reform the clemency process in these instances.
• Life Without Parole Texans support -- by 84 percent -- a law to provide for life sentences in capital cases. Senator Ellis will work next session to eliminate the current 40 year sentence and provide jurors with the option between death and a true life sentence without the possibility of parole.
• Ban the Execution of Mentally Retarded Last session, the Texas Senate passed legislation banning the execution of mentally retarded offenders, but the bill died in the House Calendars Committee. A statewide poll showed 86 percent of Texans support the death penalty, yet 73% of those same respondents said they oppose the execution of the mentally retarded. Currently, twelve states -- Arkansas, Colorado, Georgia, Indiana, Kansas, Kentucky, Maryland, New Mexico, Nebraska, New York, Tennessee, and Washington -- and the federal government have passed laws prohibiting the execution of people with mental retardation. In Texas, five offenders with mental retardation have been executed since 1976.