1992: Johnny Frank Garrett, “kiss my ass because I’m innocent”

9 comments February 11th, 2012 Headsman

On this date in 1992, Johnny Frank Garrett was executed by lethal injection, with the tart last words,

“I’d like to thank my family for loving me and taking care of me. And the rest of the world can kiss my everloving ass, because I’m innocent.”

Although Garrett was only 17 at the time a nun from a neighboring Amarillo convent was raped and murdered, and he may have qualified as developmentally disabled to boot — both factors that today would exclude him from execution — that whole innocence story didn’t have much public traction.

“No, no, not at all,” New Mexico attorney Jesse Quackenbush told this site in an interview. “He was villainized from day one: he was a nun-murderer who needed to be executed. The only sympathy really came from the Pope.”

But two decades on, Garrett’s dying profession is one of the more troublesome skeletons in the Texas execution machine’s closet, thanks in no small part to Quackenbush himself.

Quackenbush directed the documentary The Last Word (viewable free on Netflix), a powerful brief not only for Garrett’s innocence* but against the comprehensive rot of the system that shunted hm off this mortal coil — from the front-line investigators all the way through the Lone Star State’s intentionally broken executive clemency farce.

“It was a system-wide failure that caused this kid to die. It wasn’t just the legal system,” Quackenbush said. “The media played a part. The governor was looking more to her own re-election hopes.* There was a dysfunctional family. The Supreme Court wasn’t morally deep enough to realize that executing 17-year-olds and ‘mentally retarded’ prisoners was wrong. There’s the system in Texas that allowed the prosecutors to hand-pick the pathologists to provide junk science.

“It’s a multifaceted failure, and no one facet is more to blame than the others.”

Garrett, a white teenager, disappeared into a Kafkaesque legal labyrinth, after the alleged supernatural vision of a local soothsayer acclaimed him the culprit in the murder of a nun named Tadea Benz. Corporeal indicia of guilt falls somewhere between circumstantial and laughable: fingerprints in a convent he had visited many times, the inevitable jailhouse snitch, and an unrecorded supposed “confession” that Garrett refused to sign.

As in a preponderance of death cases, especially in Texas (pdf), a meek and all-but-unfunded defense team offered scant resistance as prosecutors made the most of this eminently disputable evidence: once the one-sided trial was in the books and the crucial direct appeals likewise slipped past, the proceedings lay beyond the reach of judicial review.

This novel is inspired by the Garrett case.

For all that, there yet remains one un-litigated piece of evidence.

Around the time of Sister Benz’s death, there was another rape-murder of another elderly Amarillo woman, a crime that authorities publicly described as “too similar” to the Benz case not to be part of the same crime spree.

That case went unsolved … but years after Garrett’s execution, DNA databases matched an old semen sample from that second crime to a Cuban rapist (he was among the criminals and undesirables that Castro expelled to the U.S. during the Mariel boatlift) named Leoncio Perez Rueda.

Suggestive.

More dispositive evidence in the form of still-testable crime scene samples may yet reside in Amarillo’s evidence lockers — semen and blood samples that, in the era of DNA, Quackenbush thinks would exonerate Johnny Frank Garrett.

If testing this sort of thing sounds like a no-brainer, you don’t work for Amarillo.

“The [Garrett] family offered the city of Amarillo complete civic immunity and they still refused to run a DNA test, and threatened to countersue** if the family tried to pursue it,” Quackenbush says. “In the state of Texas there are still only laws protecting DNA access for living people: if you’re already executed, you have no rights.”

Which is a particular pity — since “the chances of executing innocent people are still really high.”

* Quackenbush’s case for Garrett’s innocence is outlined in this legal memo (pdf). This site maintains an extensive archive of resources about the case.

** In this, it’s not unlike the Ruben Cantu case, where post-execution evidence of innocence has also been met with legal threats by the state.

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1992: 42 Iraqi merchants

3 comments July 26th, 2011 Headsman

On this date in 1992, 42* Baghdad merchants who were among several hundred rounded up over the preceding 48 hours were executed at Saddam Hussein‘s command at Abu Ghraib prison and the Interior Ministry compound.

A year and change on from the close of the Gulf War, Iraq’s economy was groaning under a murderous program of economic sanctions.

The merchants were accused of profiteering by manipulating food prices — a chilling threat to businessmen, but one that had little power to arrest the wreck of Iraq’s economy. Prices for food, and everything else, were spiking under the blockade.

“Hardly any Iraqi trader sent anything to his country from our warehouse” after the executions, according to a Jordanian exporter quoted by Reuters.** “They tell us even if the goods are given to them for free, they are not ready to risk their lives.”

These executions have put some former Iraqi officials at risk of their lives in American-occupied Iraq.

The country’s longtime Deputy Prime Minister, Tariq Aziz, was tried for his life in 2008-2009 for ordering these executions; Aziz received a 15-year sentence.†

But at the same trial, two of the late dictator’s half-brothers, Watban Ibrahim al-Tikriti and Sabawi Ibrahim al-Tikriti, drew death sentences for the same affair.

Just days ago as of this writing, those two gentlemen were transferred from American to Iraqi custody, where they figure to be put to death very soon — though this is a matter of ongoing political wrangling.

* It’s not completely unambiguous to me that the “42 merchants” at issue in several post-Saddam trials were all executed on July 26 (though Amnesty International seems to think so); the roundup and execution process was less than orderly. But it’s certainly the case that at least many died this date.

Some testimony and trial documents related to the incident are available in pdf form here.

** Chicago Sun-Times, Aug. 3, 1992.

† Aziz has subsequently received a death sentence in a different and politicized case; that sentence was internationally condemned and Iraq’s president has stated that he will never implement it.

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Entry Filed under: 20th Century,Businessmen,Capital Punishment,Cycle of Violence,Death Penalty,Execution,Hanged,History,Innocent Bystanders,Iraq,Mass Executions,No Formal Charge,Pelf,Power,Ripped from the Headlines,Shot,Summary Executions,Wartime Executions,Wrongful Executions

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1992: Billy Wayne White, after 47 minutes

Add comment April 23rd, 2009 Headsman

On this date in 1992, longtime heroin user Billy Wayne White waited 47 minutes while his executioners probed for a vein suitable to inject the lethal cocktail he incurred for a 1976 robbery-murder in Houston.

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Entry Filed under: 20th Century,Botched Executions,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Lethal Injection,Murder,Racial and Ethnic Minorities,Texas,USA

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