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Clemency Petition BEFORE THE PRESIDENT OF THE UNITED STATES In re JUAN RAUL GARZA, Petitioner. MEMORANDUM IN SUPPORT OF PETITION FOR CLEMENCY AND FOR COMMUTATION OF SENTENCE OF DEATH TO SENTENCE OF LIFE IMPRISONMENT WITHOUT POSSIBILITY OF RELEASE Greg Wiercioch Bruce W. Gilchrist Texas Defenders Service Audrey J. Anderson 412 Main Street, Suite 1150 Robert M. Blue Houston, Texas 77002 David Newmann (713) 222-7788 HOGAN & HARTSON L.L.P. 555 13th Street N.W. Washington, D.C. 20004-1109 (202) 637-5630 Counsel for Petitioner Juan Raul Garza Dated: September 28, 2000 [Picture of Juan to be inserted on this page] TABLE OF CONTENTS Page I. INTRODUCTION AND SUMMARY................................................................. 1 II. BACKGROUND............................................................................................... 13 A. Procedural History.................................................................................... 13 1. Indictment and Trial ....................................................................... 13 2. Sentencing ....................................................................................... 15 3. Review.............................................................................................. 18 B. Post-Sentencing Developments in Federal Death Penalty Law.............. 19 1. The Federal Death Penalty Act and the Death Penalty Protocols........................................................................................... 19 2. The Justice Department Study ....................................................... 21 III. REASONS FOR GRANTING CLEMENCY .................................................... 23 C. MR. GARZA’S DEATH SENTENCE WAS THE PRODUCT OF RACIAL AND GEOGRAPHIC DISPARITY IN THE FEDERAL DEATH PENALTY SYSTEM ................................................................... 23 1. The Federal Death Penalty System Is Fraught with Racial and Ethnic Bias ............................................................................... 23 a) The Justice Department Study Reveals Striking Disparities Among Different Racial/Ethnic Groups ................ 23 b) The Racial/Ethnic Disparities in the Federal Death Penalty System Are Attributable to Bias................................. 27 2. There Are Stark Geographic Disparities in the Application of the Federal Death Penalty System ............................................. 31 3. Mr. Garza Was Particularly Susceptible to Racial and Geographical Bias............................................................................ 33 4. A Biased and Arbitrary Death Penalty Process Violates Principles of Fundamental Fairness Central to Both U.S. and International Law .................................................................... 35 a) A Biased and Disparate Federal Capital Punishment System Violates Notions of Fundamental Fairness................. 35 b) A Biased and Disparate Federal Capital Punishment System Violates Binding International Obligations................ 38 5. Conclusion........................................................................................ 40 D. JUAN RAUL GARZA WAS DENIED PROCEDURAL SAFEGUARDS NECESSARY TO ENSURE THAT THE DEATH PENALTY WAS REQUESTED AND IMPOSED IN A FAIR AND RATIONAL MANNER.............................................................................. 41 1. Mr. Garza’s Sentencing Jury Was Denied Critically Relevant Information Regarding the Alternative to the Death Penalty — Life Imprisonment Without Possibility of Release ............................................................................................. 43 a) Due Process and Basic Notions of Fairness Require that the Sentencing Jury Possess Accurate Information Regarding Alternatives to the Death Penalty ......................... 43 2. Mr. Garza’s Jury Was Denied Any Accurate Information Regarding the Life Imprisonment Alternative ........................ 49 3. Executing Mr. Garza Would Contravene the Due Process Principles Recognized in Simmons and the Established Practice and Policy in Federal Death Penalty Cases ........................................................................... 53 2. Mr. Garza Was Sentenced to Death Based on Alleged Crimes Committed in Mexico for Which He Has Never Been Charged, Prosecuted or Convicted .................................................. 57 a) Evidence Regarding the Foreign Unadjudicated Murders Failed to Satisfy the Applicable Standards of Reliability.................................................................................. 57 b) The Prosecution Relied on Information that Mr. Garza Had No Opportunity to Deny or Explain ................................. 61 E. MR. GARZA'S DEATH SENTENCE IS DISPROPORTIONATE TO THE SENTENCES GIVEN HIS EQUALLY CULPABLE CO- DEFENDANTS AND THE TREATMENT OF MANY OTHER DEFENDANTS CHARGED WITH MULTIPLE MURDERS IN CRIMINAL ENTERPRISES .................................................................... 65 1. Mr. Garza's Co-Defendants Received Far More Lenient Treatment for Their Roles in the Same Crimes for Which Mr. Garza was Prosecuted for Capital Murder............................... 66 2. Mr. Garza's Sentence is More Severe than the Sentence Sought in Many Cases involving Multiple Victims in Similar Contexts. .......................................................................................... 68 a) United States v. Hill................................................................. 71 b) United States v. Jose Muyet, et al. .......................................... 73 c) United States v. Mateo-Feliz, et al........................................... 74 3. Clemency is a Traditional Remedy for Disproportionately Severe Sentences. ............................................................................ 76 F. U.S. CUSTOMS AGENTS OBTAINED CUSTODY OF MR. GARZA FROM MEXICO BY CIRCUMVENTING MEXICO'S TREATY PROHIBITING EXTRADITION OF PEOPLE TO FACE CAPITAL PUNISHMENT IN ANOTHER COUNTRY............................ 80 G. LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE WOULD PROVIDE SEVERE AND EFFECTIVE PUNISHMENT OF MR. GARZA. ............................................................ 84 1. Although the jury that sentenced Mr. Garza to death acted upon the testimony of a prosecution witness who predicted with certainty that Mr. Garza would commit violent offenses in prison, in fact Mr. Garza’s prison records are completely devoid of any violent offenses.......................................................... 84 - ii - 2. The prosecution’s erroneous prediction of Mr. Garza’s future dangerousness was highly improper because it was based in part on Mr. Garza’s ethnicity. ......................................................... 88 3. The Federal Bureau of Prisons has the expertise to incarcerate the most violent of inmates, and certainly is............... 90 3. equipped to control an inmate like Mr. Garza who has no record of violence in prison.............................................................. 91 H. MR. GARZA’S EXECUTION WOULD BRING FURTHER SUFFERING TO YET ANOTHER GROUP OF INNOCENT PEOPLE — HIS FAMILY ........................................................................ 94 IV. CONCLUSION ................................................................................................ 96 - iii - I. INTRODUCTION AND SUMMARY Petitioner Juan Raul Garza was convicted of intentionally killing three persons in furtherance of a continuing criminal enterprise and was sentenced to death in 1993. Mr. Garza accepts responsibility for these crimes. Mr. Garza has exhausted all opportunities for appeal. He is scheduled to be executed on December 12, 2000. He asks that the President commute his sentence of death to a sentence of life imprisonment without the possibility of parole. Mr. Garza’s petition for clemency comes at an historic moment. At no time since the death penalty was reinstated by the Supreme Court in 1976, have Americans and their leaders voiced such grave doubts about the fairness and reliability of capital punishment. At the state level, those doubts are reflected in the unprecedented moratorium on executions put into place by Governor Ryan of Illinois, in death penalty moratorium bills introduced and enacted in state legislatures and in studies commissioned by a number of Governors. 1/ At the 1/ In January 2000, Governor George Ryan, expressing concern about a system fraught with error, announced a moratorium on executions in the state of Illinois. Ken Armstrong and Steve Mills, Ryan: 'Until I Can Be Sure'; Illinois Is First State to Suspend Death Penalty, CHI. TRIB., Feb. 1, 2000; at 1; Dirk Johnson, Illinois, Citing Faulty Verdicts, Bars Executions, N.Y. TIMES, Feb. 1, 2000, at A1. Five weeks later, Governor Ryan announced the selection of a blue ribbon commission to study the state's death penalty procedures. Tim Novak, Ryan Picks Panel to Study Death Penalty, CHI. SUN-TIMES, Mar. 9, 2000, at 12. Among the other states that have called for studies into the administration of the death penalty are Arizona, Indiana, Maryland, Nebraska, and North Carolina. See Mike McCloy, Death Penalty to Get 'Fresh Look' by Panel, ARIZ. REPUBLIC, July 22, 2000 (Arizona study); Diana Penner, Governor Calls for Study of State's Death Penalty: O'Bannon Asks Legal Commission to Review Law's Fairness and Integrity, THE INDIANAPOLIS STAR, Mar. 10, 2000 (Indiana study); Matthew Mosk, Some Find Hope in Clemency Decision: Glendening Calls Action Product of Single Case, WASH. POST, June 9, 2000, at B1; Robynn Tysver, Penalty Study Outlined: Nebraska
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