Category Archives: Texas

2009: Danielle Simpson, “If I can’t be free – Kill me!!”

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Last year on this date, Danielle Simpson was executed in Texas for murder.

Simpson, his wife, his brother, and another accomplice kidnapped an octogenarian church organist from her home, trussing her up and throwing her into the Nueces River to drown.

Though it would be another decade before his execution, the brutality of life on death row (and the usual appellate losing streak where the Fifth Circuit reigns) eventually ground him down into volunteering to expedite his execution.

I’m tired of being in an institution that’s unjust, degrading, and corrupted … I’m ready to die!! If I can’t be free – Kill Me!!

Simpson reversed himself shortly before the execution actually went down, but the further appeals on the matter of his “debilitating mental illness” and “diminished intellectual functioning” were equally unavailing.

It may not rise to a legal threshold, but the high school dropout’s thinking was clearly a bit scrambled. Death row has been known to have that effect.

One of Simpson’s attorneys at the Texas Defender Service, David R. Dow, recently wrote a well-received meditation on his life of representing defendants like Simpson who have virtually no prospect of success in the courts. The Autobiography of an Execution, blessedly un-tendentious despite the author’s unabashed death penalty opposition, makes a compelling stocking stuffer for the family member whose tastes run a bit grim.

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1998: Kenneth Allen McDuff, Texas nightmare

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(Thanks to Mary O’Grady for the guest post. -ed.)

Kenneth Allen McDuff grew from the small-time bully of tiny Rosebud, Texas, to a feared and reviled killer finally apprehended with the help of the America’s Most Wanted television series. By the time of his execution on November 17, 1998, he stood as a symbol of how the best-intentioned prison reforms could bring the most hideous results.*

In 1966, on parole for a string of burglaries, McDuff was first sentenced to death for the brutal murder of three teenagers he kidnapped and killed. The female member of the trio was sexually abused and raped for hours before McDuff used a broomstick to snap her neck “just like you’d kill a possum,” in the words of Falls County Sheriff Brady Pamplin, one of the first generation of Central Texas lawmen to deal with McDuff.

He remained on death row until 1972, when the U.S. Supreme Court in Furman vs. Georgia struck down all death penalty statutes in the United States. McDuff’s sentence was commuted to life imprisonment, which left the possibility of parole.

A rape and attempted murder for which McDuff was never prosecuted resulted in a daughter who at the age of 21 visited McDuff in prison. Her visits ceased after McDuff described his fantasy of taking her to Las Vegas and pimping her out to earn himself a fortune.

A prisoner’s fifteen-page handwritten lawsuit, Ruiz vs. Estelle, exposed conditions in Texas prisons which proved unconstitutionally inhumane, including the use of inmates as guards. (McDuff ascended to the position of boss over fellow convicts following his exit from death row into the general prison population; his perks included a “gal-boy” who traded the usual personal services for McDuff’s protection from white supremacist former gang associates whom he had offended.) Ruling in the Ruiz case, Federal Judge William Wayne Justice placed the Texas prison system under the control of a Special Master and ordered that traditional prison overcrowding must cease.

The Texas parole board was ordered to release 150 prisoners a day, to reduce the prison population to the 50,000 for which there was adequate capacity. Despite a 1982 conviction for attempted bribery of a parole board member, McDuff made parole in early October of 1989. Waco’s U.S. Marshall Parnell McNamara could only ask, “Have they gone crazy?”

Author Gary Lavergne also maintains McDuff information on his website, including this collection of photos and this list of victims.

Kenneth Allen McDuff was a rarity on Texas’s death row: He was a son of the middle class among the poorest of the poor. On parole, his family furnished him with motor vehicles as needed, and a credit card so that he would not have to carry cash in his chancy, drug-ridden haunts along the Interstate 35 corridor of Central Texas.

Even a new arrest in July 1990, after he chased and threatened some black teenagers and then spewed racist invective at his parole revocation hearing, did not suffice to return him to prison. Six women, three of them drug-addicted prostitutes, have been verified as murder victims of Kenneth McDuff between his parole date in 1989 and his arrest as a fugitive in Kansas City on May 4, 1992; there may well be others whose identities will never be known.

McDuff was tried for the abductions and murders of Melissa Northrup, a convenience store clerk, and Colleen Reed, an accountant. He was convicted and sentenced to death in both cases.

Parole requirements for violent Texas criminals were stiffened substantially as a direct result of McDuff’s career, by the regulations of the parole board and by the Texas Legislature. (The statutes are known as the McDuff Laws.) McDuff by all accounts became the most hated man in the Texas prison system; once returned to death row, he was held in administrative segregation for his own protection from his latest arrival in 1993 until his execution.

Progressive Democrat Ann Richards was Governor of Texas at the time of McDuff’s last trial. A recovering alcoholic, she created an unprecedented emphasis on drug and alcohol treatment for Texas prisoners, the overwhelming majority of whose crimes involved substance abuse of one kind or another. No one appreciated the irony more than she: a governor dedicated to rehabilitation of prisoners was forced to kick off the biggest prison building spree in Texas history, to comply with the federal court’s orders on prison overcrowding while trying to ensure that Texas would never again see the likes of Kenneth Allen McDuff.

It took six years for law enforcement officers to persuade McDuff that his continued refusal to reveal where he had hidden the bodies of several of his victims offered him no sort of advantage. Some remains were located by means of hand-drawn maps, but maps did not suffice in every case. A few days before his execution, an unusual excursion party set out from the Ellis I prison outside Huntsville: a caravan of unmarked cars with dark-tinted glass carried McDuff, locked to a back seat and disguised with a baseball cap, on a “clandestine high security move.” Never allowed out of the car, McDuff directed investigators to the shallow grave of Colleen Reed, whom he kidnapped from an Austin car wash on December 29, 1991. Shortly thereafter, McDuff’s nephew received a reduction in his sentence for drug dealing.

McDuff never expressed remorse for any of his crimes. A lifetime of cheap beer and needle drug abuse was catching up to his liver when he climbed on the Walls Unit gurney on November 17, 1998. His last words: “I am ready to be released. Release me.”

* See Gary Cartwright’s “Free to Kill” Texas Monthly, Aug. 1992, Vol. 20, Issue 8, p. 90.

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2008: Greg Wright, still fighting for exoneration

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Two years on from his execution in Texas this date in 2008, the website FreeGregWright.com still bears its namesake’s now-hopeless case for exoneration.


Wright’s wife Connie (the woman on the right) and their friend Bente Hjortshøj released this photo of Greg Wright 15 minutes after execution “to show the world the cruel and unusual punishment and its horrible consequences.”

Wright and another homeless man, John Adams, were taken in by a generous 52-year-old widow named Donna Vick. Vick paid for her charity with her life … but who was the killer?

Adams fingered Wright, but Wright always insisted that Adams killed her. Late-arriving DNA evidence appeared to back Wright. So did too-late-to-matter confessions by Adams. (Adams, for his part, was also convicted for capital murder; each man was separately tried on the theory that he was the murderer and the other the bystander.)

The disputed facts of this case are a muddier affair that don’t readily admit a slam-dunk exoneration. An episode of the Dallas DNA television series looked at Wright’s case and disappointed Wright’s supporters with its unfavorable view of the subject’s case.

Wright, nevertheless, maintained his innocence from the execution gurney.

John Adams lied. He went to the police and told them a story. He made deals and sold stuff to keep from going to prison. I left the house, and I left him there. My only act or involvement was not telling on him. John Adams is the one that killed Donna Vick. I took a polygraph and passed. John Adams never volunteered to take one. … I was in the bathroom when [Adams] attacked [Vick]. I am deaf in one ear and I thought the T.V. was up too loud. I ran in to the bedroom. By the time I came in, when I tried to help her, with first aid, it was too late. The veins were cut on her throat. He stabbed her in her heart, and that’s what killed her. I told John Adams, “turn yourself in or hit the high road.” I owed him a favor because he pulled someone off my back. I was in a fight downtown. Two or three days later he turned on me. I have done everything to prove my innocence. Before you is an innocent man.

The victim’s son — for whom little ice was cut by Wright’s admitted failure to summon medical help for the victim, or to turn in the alleged killer Adams — complained that the statement was “the same thing we’ve got since day one, each of them blaming it on the other one.”

Former congresswoman Cynthia McKinney witnessed the execution, taking a break from her Green Party presidential bid.

One of the crime scene investigators in this case, Eric George Rosenstrom, is now himself wanted for murder.

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1923: Nathan Lee, the last public hanging in Texas

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This date in 1923 was the passing of an era: the last legal public hanging in Texas.

The Texas of legend — the rough and vast frontier — fits the public hanging tableau (and its dark cousin, the lynching) like a hemp necktie.

And up until 1922-23, Texas executions had indeed been hangings administered by county sheriffs. But that newfangled killing technology, the electric chair, beguiled the legislature here as elsewhere. Oil wells popping up all over the state were rewriting its economic future … so why not a futuristic way of killing wrongdoers, too?

A 1923 bill centralized future executions in Huntsville, where they still remain today.

Denouncing countyseat [sic] executions as a barbaric relic of the frontier past, L.K. Irwin launched a one-man campaign to bring Texas in tune with the times. The state legislator converted many to his cause with the argument that public hangings harmed society almost as much as the condemned.

Irwin insisted executions usually degenerated into bloodthirsty carnivals that did nothing to instill in spectators a respect for the law. All too often untrained local officials made the spectacle even more gruesome, when the drop failed to snap the victim’s neck. On those occasions, he slowly strangled in full view of females and impressionable children.

In the 1923 session of the Lone Star legislature, Irwin introduced the Electric Chair Bill. In addition to doing away with the gallows, the proposal relieved county sheriffs of the responsibility of the carrying out death sentences. Future executions would be held behind closed-doors inside the Texas Department of Corrections.

That law took effect on Aug. 14, even though the electric chair hadn’t even been built yet. The hanging of one Roy Mitchell in Waco on July 30 figured to be the last, and thousands packed the public square to witness it. It’s still sometimes cited as the Lone Star State’s last hanging.

Grandfather Clause

But on that very same date in the Gulf town of Angleton, Nathan Lee, an illiterate middle-aged black sharecropper, was condemned to die for shooting his white employer dead in a dispute over money. (The Ku Klux Klan sent flowers to the funeral.)

A month later, he did so — albeit in an area whose public access had intentionally been curtailed, to chill out any potential carnival scene.

“I did it,” Lee said on the scaffold. “I am to blame, and no one else.”

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2002: Napoleon Beazley, who threw it all away

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On this date in 2002, Napoleon Beazley was executed by lethal injection in Texas.

A high school class president and football hero, Beazley was 3 ½ months shy of his 18th birthday when he made the first entry on his criminal record.

It was a doozy:

Beazley (with two accomplices who later testified against him) shot a Tyler, Texas, couple in their garage to steal their Mercedes Benz.

The wife survived the attack by playing dead.

The husband was not so lucky. He was businessman John Luttig, the father of archconservative federal judge J. Michael Luttig. When Beazley’s appeal reached the U.S. Supreme Court, a third of its justices recused themselves for their own connections to Luttig.

(J. Michael Luttig testified at Beazley’s trial. “Individuals must be held accountable at some point for actions such as this,” he told the media afterward. “I thought this was an appropriate case for the death penalty.”)

Both in the legal arena and in public opinion, Beazley’s case turned in an unusually uncluttered fashion on the principle of executing juvenile offenders.

Beazley was not mentally impaired, nor warped by childhood trauma, nor even generally underprivileged. His had been the black family accepted by the white community in his native Grapeland.

There was no question of Beazley’s guilt in the crime. None of the typical extenuating circumstances applied, save Beazley’s own eventual remorse.

“I don’t blame anybody else for being here but me,” Beazley would say later.

And since he pulled the trigger just weeks shy of his legal adulthood, even his youth was barely in play.

So, the question of whether Napoleon Beazley deserved to die was a pretty close proxy for the question of how bright a line the age of 18 ought to be where the death penalty was concerned.

Beazley lost crucial votes by the closest of margins: one Supreme Court appeal denied him on a 3-3 tie, and the Texas Board of Pardons and Paroles turned him down 10-7.

If these votes reflected uncertainty over the juvenile death penalty as a policy, the matter would soon pass the tipping point to a resolution: Napoleon Beazley was the 19th person put to death in the modern American death penalty regime for a crime committed as a juvenile. Only three more followed before the Supreme Court (consisting of the same nine justices who had rejected Beazley’s appeal a few years before) ruled the death penalty for minors unconstitutional in the 2005 Roper v. Simmons decision.

There’s cinematic treatment of Beazley’s shocking crime in the recent documentary Two Hours to Tyler. There’s also a play about him.

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1997: Bruce Edwin Callins, in the machinery of death

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On this date in 1997, Bruce Edwin Callins was executed in Texas — part of the torrid pace of executions unleashed in Texas in the late 1990s.

This small-timer would hardly rate a notice, but for the fact that Supreme Court Justice Harry Blackmun had chosen this otherwise forgettable murderer’s appeal to announce, in 1994, his belief that the death penalty was irreperably unconstitutional — probably the most famous comment on the death penalty to issue from the bench since capital punishment was reinstated with Blackmun’s concurrence in Gregg v. Georgia.

From this day forward, I no longer shall tinker with the machinery of death.

You’ll see the quote on anti-death penalty placards and apparel from now ’til kingdom come.

But there’s a bit more to it than what fits on a bumper sticker, and Blackmun’s reasoning is worth excerpting at greater length:

Within days, or perhaps hours, the memory of Callins will begin to fade. The wheels of justice will churn again, and somewhere another jury or another judge will have the unenviable task of determining whether some human being is to live or die. We hope, of course, that the defendant whose life is at risk will be represented by competent counsel — someone who is inspired by the awareness that a less-than-vigorous defense truly could have fatal consequences for the defendant. We hope that the attorney will investigate all aspects of the case, follow all evidentiary and procedural rules, and appear before a judge who is still committed to the protection of defendants’ rights — even now, as the prospect of meaningful judicial oversight has diminished. In the same vein, we hope that the prosecution, in urging the penalty of death, will have exercised its discretion wisely, free from bias, prejudice, or political motive, and will be humbled, rather than emboldened, by the awesome authority conferred by the State.

But even if we can feel confident that these actors will fulfill their roles to the best of their human ability, our collective conscience will remain uneasy. Twenty years have passed since this Court declared that the death penalty must be imposed fairly, and with reasonable consistency, or not at all, see Furman v. Georgia, 408 U.S. 238 (1972), and, despite the effort of the States and courts to devise legal formulas and procedural rules to meet this daunting challenge, the death penalty remains fraught with arbitrariness, discrimination, caprice, and mistake. This is not to say that the problems with the death penalty today are identical to those that were present 20 years ago. Rather, the problems that were pursued down one hole with procedural rules and verbal formulas have come to the surface somewhere else, just as virulent and pernicious as they were in their original form. Experience has taught us that the constitutional goal of eliminating arbitrariness and discrimination from the administration of death, see Furman v. Georgia, supra, can never be achieved without compromising an equally essential component of fundamental fairness – individualized sentencing. See Lockett v. Ohio, 438 U.S. 586 (1978).

It is tempting, when faced with conflicting constitutional commands, to sacrifice one for the other or to assume that an acceptable balance between them already has been struck. In the context of the death penalty, however, such jurisprudential maneuvers are wholly inappropriate. The death penalty must be imposed “fairly, and with reasonable consistency, or not at all.” Eddings v. Oklahoma, 455 U.S. 104, 112 (1982).

To be fair, a capital sentencing scheme must treat each person convicted of a capital offense with that “degree of respect due the uniqueness of the individual.” Lockett v. Ohio, 438 U.S. at 605 (plurality opinion). That means affording the sentencer the power and discretion to grant mercy in a particular case, and providing avenues for the consideration of any and all relevant mitigating evidence that would justify a sentence less than death. Reasonable consistency, on the other hand, requires that the death penalty be inflicted evenhandedly, in accordance with reason and objective standards, rather than by whim, caprice, or prejudice. Finally, because human error is inevitable, and because our criminal justice system is less than perfect, searching appellate review of death sentences and their underlying convictions is a prerequisite to a constitutional death penalty scheme.

On their face, these goals of individual fairness, reasonable consistency, and absence of error appear to be attainable: courts are in the very business of erecting procedural devices from which fair, equitable, and reliable outcomes are presumed to flow. Yet, in the death penalty area, this Court, in my view, has engaged in a futile effort to balance these constitutional demands, and now is retreating not only from the Furman promise of consistency and rationality, but from the requirement of individualized sentencing as well. Having virtually conceded that both fairness and rationality cannot be achieved in the administration of the death penalty, see McCleskey v. Kemp, 481 U.S. 279, 313 , n. 37 (1987), the Court has chosen to deregulate the entire enterprise, replacing, it would seem, substantive constitutional requirements with mere aesthetics, and abdicating its statutorily and constitutionally imposed duty to provide meaningful judicial oversight to the administration of death by the States.

From this day forward, I no longer shall tinker with the machinery of death. For more than 20 years, I have endeavored — indeed, I have struggled — along with a majority of this Court, to develop procedural and substantive rules that would lend more than the mere appearance of fairness to the death penalty endeavor. Rather than continue to coddle the Court’s delusion that the desired level of fairness has been achieved and the need for regulation eviscerated, I feel morally and intellectually obligated simply to concede that the death penalty experiment has failed. It is virtually self-evident to me now that no combination of procedural rules or substantive regulations ever can save the death penalty from its inherent constitutional deficiencies. The basic question — does the system accurately and consistently determine which defendants “deserve” to die? — cannot be answered in the affirmative.

Antonin Scalia, never one to let pass an opinion he could just as easily scorn, issued his retort in a concurrence with the 8-1 opinion to execute Callins:

Convictions in opposition to the death penalty are often passionate and deeply held. That would be no excuse for reading them into a Constitution that does not contain them, even if they represented the convictions of a majority of Americans. Much less is there any excuse for using that course to thrust a minority’s views upon the people.

Justice Blackmun begins his statement by describing with poignancy the death of a convicted murderer by lethal injection. He chooses, as the case in which to make that statement, one of the less brutal of the murders that regularly come before us, the murder of a man ripped by a bullet suddenly and unexpectedly, with no opportunity to prepare himself and his affairs, and left to bleed to death on the floor of a tavern.* The death-by-injection which Justice Blackmun describes looks pretty desirable next to that. It looks even better next to some of the other cases currently before us, which Justice Blackmun did not select as the vehicle for his announcement that the death penalty is always unconstitutional, for example, the case of the 11-year-old girl raped by four men and then killed by stuffing her panties down her throat. How enviable a quiet death by lethal injection compared with that!

Scalia’s mention of the “case of the 11-year-old girl” isn’t about Callins at all. The monster Scalia refers to here as obviously execution-worthy for his incendiary crime is Henry Lee McCollum … who in 2014 would be exonerated by DNA evidence after some 30 years on death row.

* Specifically, Callins wasted the patron of a strip bar who was insufficiently prompt at giving up his wallet. The $3 he took from the dying man’s pockets wouldn’t even have been enough to make it rain.

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2005: Richard Cartwright, uncensored

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On this date in 2005, Richard Cartwright was executed in Texas for robbing and murdering a gay man in Corpus Christi.

Cartwright attained some recognition (if not exactly a plausible purchase on clemency) as the writer of Uncensored from Texas Death Row, a sort of death row blog.

(As befits a blogger in the early 2000s, Cartwright also had a MySpace page, which remains active. “Chi-town” grew up in Chicago. He played youth hockey there, for this club. This is the sort of thing one learns about bloggers.)

Cartwright was admittedly involved in the robbery-murder, though he insisted he wasn’t the one who did the murdering.

Whatever one makes of that, his fairly prolific “Uncensored” series over the last six months of his life furnish a sometimes bracingly personal chronicle of a man among the lowest of the dead … and drawing nearer and nearer to a fate he realizes he cannot avert.

People are looking at me differently, like they are trying to instill into memory or something. They don’t mean to, but they do, and it is spooky. Like I am already dead.

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1843: 17 who drew the black beans

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This date in 1843 was a good one to just stick with the guacamole.

Though the Republic of Texas (it would join the United States in 1846) had won its independence from Mexico a few years before, hostilities between the two continued.

Skirmishes in the frontierlands at length triggered a Texan reprisal-slash-plundering expedition.

The officially independent Somervell Expedition of volunteer Texan militiamen captured a couple of Mexican towns, then disbanded to go home. Those members of it optimistic about their chances for more raiding set off for Ciudad Mier* — the Mier Expedition.

Their optimism was misplaced.

The Mier Expedition was a flop, and the irate Mexican President Santa Anna ordered the entire band shot to make an example. Anglo diplomatic wrangling got him to go down to shooting one tenth of the band.

Well, you’ve gotta pick that tenth somehow.

The Black Bean Lottery

So on this day, 176 potentially condemned men were made to draw a bean from a pot containing 159 white ones and 17 fatal black ones.

For the lucky 159, there was no rush quite like winning your life from a legume, as this survivors’ account describes:

I knew then that I was safe, and the revulsion of feeling was so great and rapid that I can compare it to nothing except the sudden lifting of an immense weight from off one’s shoulders. I felt as light as a feather.

The 17 for whom the cosmos had ordained frijoles negros took a quick leave of their companions, and were shot in two batches. (Here is a thorough discussion of the entire affair.)

It was a typically dicey death by musketry, with lots of people requiring multiple volleys. One of the 17, one James Shepherd, even survived the execution altogether by playing dead. (He fled during the night, but was later recaptured and [successfully] re-shot.)

The most hated man (by the Mexicans), Ewen Cameron, pulled white, but Santa Anna thought better of letting him draw air and had him separately executed a month later. The rest of the lottery’s “winners” languished in prisons and work camps for more than a year of continued Texas-Mexico hostility, until they were amnestied and released in September 1844 — many destined to renew hostilities in the imminent Mexican-American War.

That survivor quoted above, William “Bigfoot” Wallace, was one of those re-enlistees. His colorful career with the Texas Rangers earned him a minor star in the firmament of Americana; he appears in Larry McMurty’s Lonesome Dove prequel Dead Man’s Walk … only in that version, he gets cinematically black-beaned at the big moment, as in this clip from the miniseries of the same title.

* The town is latterly famous as a key transit point for arms smuggling to Fidel Castro to supply the Cuban Revolution.

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1985: Stephen Morin, serial killer convert

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On this date in 1985, Texas executed serial killer Stephen Morin for murdering and robbing Carrie Marie Scott in 1981 — one of at least three, and up to thirty, of his victims, most of whom were (unlike Scott) abducted for rape and kindred brutalizing.

Just the sixth person executed in Texas under its modern death penalty regime, Morin was an IV drug addict.

Death chamber technicians required 40-plus minutes to bore through the resultant scar tissue well enough to poison Morin. He’s been a bullet point on the anti-lethal injection brief ever since. (Oddly, Morin’s execution is not on this list of recent botches.)

But Morin’s most prominent afterlife is a very different object lesson: not medical ethics, but spiritual warfare.

It seems the last woman he kidnapped, Margy Mayfield, survived the encounter by converting the desperate fugitive to evangelical Christianity; this story is still stocked and sold by Focus on the Family. This is Mayfield’s own account of their meeting.

[audio:http://withusisgod.org/wp-content/uploads/audio/margy-mayfield.mp3]

To judge by his last statement, Morin took his conversion to the gurney.

But others who knew Morin better in life (and, creepily, helped him soundproof his murder-mobile) … are a bit more skeptical about him.

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2002: Craig Neil Ogan, drug war informant

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(Thanks to David Carson of the informative Texas Execution Information Center for the guest post, originally run on his site. -ed.)

Craig Neil Ogan, 47, was executed by lethal injection on 19 November 2002 in Huntsville, Texas for the murder of a police officer.

Mugshot clipped from Texas Department of Criminal Justice. More information, including some of Ogan’s own writing, at the Clark County Prosecutor site.

Craig Ogan had worked as an informant for the federal Drug Enforcement Agency since January 1988. Upon his request, the DEA relocated him from St. Louis to Houston in late 1989 after his identity had been revealed in a court proceeding. Ogan was under orders to not personally get involved in any drug transactions. He was also prohibited from carrying a weapon. Despite these instructions, Ogan insisted on arming himself and seeking involvement in drug transactions.

On 8 December 1989, Ogan, then 34, called the DEA agent who supervised him and told him that he was in a restaurant where he had just had an armed confrontation over a drug deal that fell through. He said that a man pointed a gun at his head and called him “narc.” He said that he feared for his life and asked for an escort from the restaurant. The agent arranged for two Houston police officers to escort Ogan from the restaurant back to his apartment. Once at the apartment, the officers watched as Ogan packed his belongings, which included a pistol, a sawed-off shotgun, and some knives. They then followed him to a motel. Ogan checked into a room, and the officers left at around 9:00 p.m.

At about 12:30 a.m., Ogan went to the lobby to complain about his telephone charges and the heater in his room. He argued loudly with the clerk and began kicking at a door. When the clerk called 9-1-1 for assistance, Ogan left.

Around this time, Houston police officers Clay Morgan Gainer and James C. Boswell pulled a car into a parking lot across the street from the motel, for a minor traffic violation. Ogan, then 34, walked over to them and knocked on the passenger window. Officer Boswell, 29, lowered his window and asked Ogan what he wanted. After a heated exchange, Boswell got out of the car. Ogan took Boswell’s pistol and shot him once in the head. He ran. Officer Gainer chased Ogan on foot, shot him in the back, and arrested him.

At Ogan’s trial, Gainer testified that when Boswell lowered his window and asked Ogan what he wanted, Ogan replied, “DEA dropped me off out here, and I’m cold.” Boswell told Ogan that they would help him as soon as they finished with the traffic stop, and to back away from the car. Boswell then raised his window. Ogan, however, demanded immediate attention. He knocked on Boswell’s window again, repeating that he was a DEA informant and that he was cold. Boswell told him, “You need to get out of here if you are not willing to step out of the way and wait. You either need to leave, or you are going to jail.” Ogan persisted with his demands. Boswell got out of the police car. According to Gainer, Boswell removed his sidearm from the holster and held it down against his leg. As he was reaching into the car to unlock the back door, Ogan grabbed Boswell’s gun and shot him once in the head. Ogan then said, “Well, [expletive] you then” and ran.

In addition to the above testimony, Darryl O’Leary, one of the two officers who escorted Ogan from the restaurant, testified that Ogan was “extremely excited” when he arrived. O’Leary said that when he told Ogan he could not take him until a backup officer arrived, Ogan became “impatient, hostile, and loud.”

Ogan had no prior criminal convictions. He had numerous assault charges that had been filed against him, then dismissed.

Sally Webster, a psychologist testifying for the defense, said that Ogan suffered from paranoia and had a passive-aggressive personality, but that these disorders were not mental illnesses and had no bearing on his competency to stand trial. She described Ogan’s mental state on 8 and 9 December as “anxious, agitated, almost hyperactive, very touchy, very worried.” Ogan’s lawyers called Webster to testify in an attempt to assert his mental state as a mitigating factor in determining his punishment, but the tactic backfired. Instead, prosecutors convinced the jury that Ogan’s history of high-strung paranoia made him a future danger to society.

A jury convicted Ogan of capital murder in June 1990 and sentenced him to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence in April 1993. All of his subsequent appeals in state and federal court were denied.

In his appeals, Ogan’s attorneys claimed that their client suffered from a mental illness and that his trial counsel was incompetent for failing to use that in his defense. Ogan, who had an IQ of 140, had attended college, and spoke several languages, told a reporter, “They’re trying to sell me as a nut case. I don’t appreciate that.”

Ogan had a longstanding interest in espionage and had ambitions of joining the Central Intelligence Agency. In one of his letters from death row, he claimed that he had an appointment for an interview with the CIA the day he killed Officer Boswell. His career as a spy, however, never took off. At his trial, DEA agents testified that they considered Ogan to be, though a “marginally successful” informant, mostly a comical figure who ducked behind newspapers whenever a stranger entered their office. They derisively called him “special agent double-oh-five” behind his back. They also criticized him for getting involved in a drug deal without their permission, then calling for their assistance when it got him into trouble.

From death row, Ogan wrote letters that were posted on an anti-death-penalty web site. In one of them, he claimed that his execution represented the “premeditated mass murder” of possibly thousands of his potential descendants. He also provided his version of the conversation between himself and Officer Boswell. In Ogan’s account, he was extremely polite, courteous to a fault, and non-confrontational. Boswell and Gainer, on the other hand, were hostile to him without provocation and called him a “[expletive] DEA snitch.” Ogan wrote that when he told Boswell, “All right, sir; I was only asking for help,” Boswell then threw his door open and burst out of the car “in an insane rage, running/lunging furiously right at me, like a football tackle gone berserk, and clawing frantically at his gun/holster.”

An anti-death-penalty spokesman who visited Ogan on death row described him as “extremely tense.”

Ogan’s execution was delayed for nearly an hour as the Supreme Court considered late appeals questioning his mental competence.

“I would like to say first of all the real violent crimes in this case are acts committed by James Boswell and Clay Morgan Gaines,” Ogan said in his lengthy last statement. “I am not guilty; I acted in self-defense and reflex in the face of a police officer who was out of control,” he said. Ogan referred to a head injury Boswell had suffered and suggested that he had mental problems. He described Boswell as “filled with anger” and “mad at the world.” The lethal injection was given while Ogan was two minutes into his last statement. At 7:05 p.m., he was still talking about Boswell when he paused briefly to collect his thoughts. The lethal drugs took effect as Ogan then snorted, gasped, and lost consciousness. He was pronounced dead at 7:13 p.m.

By David Carson. Originally posted on 20 November 2002. Revised on 5 December 2002.
Sources: Texas Department of Criminal Justice, Texas Attorney General’s office, U.S. Fifth Circuit Court documents, Associated Press, Houston Chronicle, letters from Craig Ogan.

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