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Scanned Document NICOLE COLLIER STATE REPRESENTATIVE • DISTRICT 95 June 5, 2020 Texas Board of Pardons and Paroles David Gutierrez, Presiding Officer P.O. Box 13401 Austin, Texas 78711 Dear Board Members, We write to you concerning the execution of Billy Joe Wardlow, currently scheduled for July 8, 2020. Mr. Wardlow was seeking relief in the Court of Criminal Appeals, where he argued that his sentence is unconstitutional as it was based on a finding that he was likely to commit further acts of violence in the future. Mr. Wardlow argued that this finding was unreliable because he was 18 years old at the time of the offense. Mr. Wardlow was supported in the Court of Criminal Appeals by several Texas researchers and scholars: Dr. Stephen Strakowski, Dr. John Edens, William Kelly, and Michele Deitch. These individuals are, collectively, considered experts in the fields of neuroscience, psychiatry, criminology, and forensic testing for future dangerousness and psychopathy. They filed a brief as amicus curiae arguing that established research definitively proves Mr. Wardlow’s central contention, that it is not scientifically possible to reliably predict future dangerousness in the case of an 18-year-old. In essence, they detail scientific studies showing that 18-year-olds are more inclined towards risky behavior and have diminished impulse control relative to adults. As a result, they argued, young people are more likely to engage in antisocial and violent activity, but they overwhelmingly grow out of it as they age and their brains develop. According to Mr. Wardlow and his amici, assessment of future dangerousness for an 18- year-old is therefore likely to mistake a temporary deficit in maturity for a permanent defect, resulting in a prediction of future dangerousness that is most probably incorrect. Mr. Wardlow's appeal was denied on procedural grounds on April 29, 2020 on the basis that the allegations did not satisfy the requirements of Article 11.071 §5. Thus, the court dismissed the appeal without reviewing the merits of the claim raised. However, we believe the underlying issue raised deserves thoughtful examination. Previously, the House Committee on Criminal Jurisprudence planned to hold a public hearing in April to explore this question. However, this has been postponed due to the Governor's Emergency Declaration in response to COVID-19. Despite this delay, we intend to further explore this issue and take it up in the next legislative session. We write to inform you of this intention, lest Mr. Wardlow be executed before we consider an issue that might impact his case. Thank you for your kind attention to this matter. If we can provide any additional information, please do not hesitate to contact us. Kindest regards, Rep. Nicole Collier Rep. Joe Moody Sen. Borris Miles Sen. Juan "Chuy" Hinojosa Sen. Judith Zaffirini Rep. Terry Canales Rep. Harold V. Dutton, Jr. Sen. Royce West Rep. Senfronia Thompson Sen. Jose Rodriguez Rep. Mary Ann Perez Sen. Eddie Lucio, Jr. Rep. Ina Minjarez Rep. Alma Allen Rep. Diego Bernal Rep. Ron Reynolds Sen. Nathan Johnson Rep. Phillip Cortez Sen. Beverly Powell Rep. Mary Gonzalez Rep. Eddie Rodriguez Rep. Garnet F. Coleman Rep. Celia Israel Rep. Eddie Lucio III Rep. Chris Turner Rep. Eugene Wu Rep. Carl Sherman Rep. Donna Howard Rep. Trey Martinez Fischer Rep. Ana Hernandez Rep. Toni Rose Rep. John Bucy III Rep. Poncho Nevarez Rep. Barbara Gervin-Hawkins Rep. James Talarico Rep. Cesar Blanco Rep. Roland Gutierrez Rep. Jarvis Johnson Rep. Rhetta Bowers Rep. Gina Calanni Rep. Ana-Maria Ramos Rep. Gina Hinojosa Rep. Julie Johnson Rep. Armando "Mando" Martinez Rep. Jessica Gonzalez Rep. Lina Ortega Rep. Vikki Goodwin Rep. Alex Dominguez Rep. Shawn Thierry Rep. Michelle Beckley Rep. Christina Morales Rep. Ray Lopez Rep. Sheryl Cole Rep. Erin Zweiner Rep. Jon Rosenthal Rep. Terry Meza Rep. Lorraine Birabil Rep. Victoria Neave District Office: 101 S. JENNINGS AVENUE, STE. 103A • FORT WORTH, TEXAS 76104-1112 • (817) 332-1180 Capitol Office: E2.318 • P.O. Box 2910 • AUSTIN, TEXAS 78768-2910 • (512) 463-0716 • (512) 463-1516 FAX [email protected] • WWW.HOUSE.TEXAS.GOV.
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