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USA (Texas): Further information on death penalty: Clarence Lackey

, N° d'index: AMR 51/060/1995

Clarence Lackey is now scheduled to be executed in Texas on 28 April 1995. His new execution date follows the rejection of his appeal on 27 March 1995 by the US Supreme Court.

EXTERNAL (for general distribution) AI Index: AMR 51/60/95
Distr: UA/SC
18 April 1995
Further information on EXTRA 16/95 (AMR 51/26/95, 16 February) and follow-up:
AMR 51/41/95, 6 March 1995) - Death Penalty
USA (Texas):Clarence Lackey
Clarence Lackey is now scheduled to be executed in Texas on 28 April 1995.
Clarence Lackey's new execution date follows the US Supreme Court's rejection
of his appeal on 27 March 1995. Clarence Lackey had appealed on whether execution
of a death sentence - after the condemned inmate is forced to endure nearly
two decades on death row, during which time his execution is repeatedly
rescheduled - constituted cruel and unusual punishment, as prohibited under
the Eighth Amendment of the Constitution of the United States.
In its written rulings on the appeal, the US Supreme Court stated that its
denial of review of the case "does not constitute a ruling on the merits....Often
a denial of certiorari on a novel issue will permit the state and federal courts
to "serve as laboratories in which the issue receives further study before
it is addressed by this Court." Attorneys representing Clarence Lackey are
now presenting the appeal in federal court. However, the present date set for
Clarence Lackey's execution is deemed likely to go ahead.
FURTHER RECOMMENDED ACTION: Please send telegrams/faxes/express and airmail
letters in English if possible:
- expressing deep concern that a new date of 28 April 1995 has been set for
Clarence Lackey's execution;
- urging the Board of Pardons and Paroles to recommend that Governor Bush grant
clemency to Clarence Lackey;
- requesting that, at the very least, Governor Bush grant Clarence Lackey a
30 day reprieve to ensure that the courts have an opportunity to make a decision
on whether 17 years on death row constitutes cruel and unusual punishment;
- expressing opposition to the death penalty in all cases;
APPEALS TO
Texas Board of Pardons and Paroles
Executive Clemency Unit
Texas Department of Criminal Justice
Pardons and Paroles Division
PO Box 13401
Austin, TX 78711
USA
Fax: +1 512 467 0945
Tel: +1 512 406 5852
Telegrams: Pardons and Paroles Board, Austin, Texas
Salutation: Dear Board Members
COPIES TO
The Honourable George W. Bush
Governor of Texas
Office of the Governor
PO Box 12428, Capitol Station
2
Austin, TX 78711
USA
Salutation: Dear Governor
Faxes: +1 512 463 1849
Telegrams: Governor Bush, Austin, Texas 78711, USA
Telephone: +1 512 463 2000
The Letters Editor
Austin-American Statesman
Box 670
Austin, TX 78767
USA
Fax: +1 512 445 3679
and to diplomatic representatives of the USA accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY.

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