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Further information on EXTRA 25/92 (AMR 51/33/92, 9 March and follow-ups AMR 51/37/92, 16 March, AMR 51/44/92, 30 March, AMR 51/49/92, 10 April, AMR 51/62/92, 5 May, AMR 51/74/92, 5 June and AMR 51/95/92, 6 August) - USA (Texas): death penalty: Joseph Fau

, N° d'index: AMR 51/097/1992

Joseph Faulder, a Canadian national, has had his execution date postponed to 23 October 1992. This is his fifth execution date this year. Joseph Faulder, white, aged 54, was convicted of the murder of a white woman in 1975. The conviction was overturned on appeal but in 1981 he was again convicted and sentenced to death. Three psychiatrists examined him for the prosecution at his second trial: they found that he was incapable of rehabilitation and should be sentenced to death. His attorneys have recently learned that he was diagnosed at age nine as brain damaged; they also learned that he started drinking alcohol at age 14 and became an alcoholic. This evidence was not presented at his trial. It is also alleged that his accomplice and a key witness were paid to testify against him.

EXTERNAL (for general distribution) AI Index: AMR 51/97/92
Distr: UA/SC
Please bring this action to the attention of the person responsible for outreach
work in your section. Appeals from religious organizations and Canadians are
considered to be particularly useful.
24 August 1992
Follow-up to EXTRA 25/92 (AMR 51/33/92, 9 March 1992), and follow-ups AMR
51/37/92, 16 March 1992; AMR 51/44/92, 30 March 1992; AMR 51/49/92, 10 April
1992; AMR 51/62/92, 5 May 1992, AMR 51/74/92, 5 June 1992, and AMR 51/95/92,
6 August 1992 - Death Penalty
USA (Texas): Joseph FAULDER (Canadian)
Joseph Faulder, who was scheduled to be executed by the state of Texas, USA,
on 21 August 1992, has had his execution date modified to 23 October 1992.
This is the fifth execution date that Joseph Faulder has received this year,
and is considered to be extremely serious.
Following his conviction and death sentence, Joseph Faulder was not informed
of his right to consult with a representative of the Canadian government.
The Canadian government was not notified that he had been sentenced to death,
which, his attorneys claim, violated his rights under international law. The
Secretary of State for External Affairs for Canada, Barbara McDougall, has
appealed to the Texas authorities for clemency for Joseph Faulder.
Joseph Faulder, white, now aged 54, was convicted of the murder of Inez Phillips,
white, during a robbery at her home in 1975. Joseph Faulder's conviction for
murder was reversed on appeal, but in 1981 he was again convicted and sentenced
to death. At the time of his second trial, Joseph Faulder was examined by
three psychiatrists for the prosecution who found that he was incapable of
rehabilitation and should be sentenced to death.
It is alleged that Joseph Faulder's accomplice and another key state witness
were paid a sum of money in exchange for their testimony against Joseph Faulder
at trial. The accomplice was given a ten year probationary sentence.
Joseph Faulder's attorneys recently learned from his family that he had been
diagnosed at the age of nine as suffering from brain damage as a result of
a severe head injury. They also learned that he had begun drinking at the
age of fourteen and became an alcoholic. Recent tests by a neuropsychologist
for the defence, suggest that Joseph Faulder's brain damage may have impaired
his ability to determine right from wrong at the time of the crime. Amnesty
International is concerned at the failure of Joseph Faulder's court-appointed
defence attorney to present any of this mitigating evidence to the sentencing
jury at the trial.
Joseph Faulder's family in Canada, who had not heard from him for many years,
thought that he was dead until they were contacted by his present attorneys
in November 1991 and informed of his situation. Joseph Faulder had assumed
that his family were aware of his position and had disowned him.
As of April 1992, there were 349 prisoners under sentence of death in Texas.
Nine prisoners have been executed in the state so far this year, the most
recent being Curtis Johnson on 11 August 1992. The method of execution is lethal
page 2 of 7FU EXTRA 25/92...
Clemency has not been granted to any prisoner under sentence of death in Texas
since the death penalty was reintroduced there in the mid-1970s. Under Texas'
clemency rules, the governor may commute a death sentence only if she receives
a favourable recommendation from a majority of the 18-member Board of Pardons
and Paroles. The Board has convened only rarely to consider petitions for
clemency (to Amnesty International's knowledge, the Board met once in 1987,
and once in 1992). Their reluctance to hold full clemency hearings is a matter
of great concern to Amnesty International.
Amnesty International opposes the death penalty in all cases as a violation
of the right to life and the right not to be subjected to cruel, inhuman or
degrading punishment, as proclaimed in the Universal Declaration of Human
RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express and airmail
- referring to Joseph Faulder's history of brain damage and alcoholism, and
expressing concern that this evidence was not heard by the jury responsible
for sentencing Joseph Faulder to death;
- strongly urging the Board of Pardons and Paroles to convene and hold a full
hearing into the new evidence uncovered by Joseph Faulder's attorneys as a
result of tests by a neuropsychologist;
- asking the Board to recommend that Governor Richards grant clemency to Joseph
Faulder by commuting his sentence of death;
- expressing grave concern that Joseph Faulder was not informed of his right
to consult with a representative of the Canadian government and that the Canadian
authorities were never informed of Joseph Faulder's imprisonment and death
Texas Board of Pardons and Paroles
8610 Shoal Creek Boulevard, PO Box 13401
Capitol Station
Austin, TX 78711-3401
Telegrams: Texas Board Pardons/Paroles, Austin, TX 78711, USA
Faxes: + 1 512 406 5231
Telephone: + 1 512 406 5852
Salutation: Dear Board Members
The Honorable Ann Richards
Governor of Texas
Office of the Governor
PO Box 12428, Capitol Station
Austin, TX 78711
Faxes: + 1 512 463 1849
Salutation: Dear Governor Richards
The Letters Editor
Austin-American Statesman
Box 670
Austin, TX 78767
Faxes: + 1 512 445 3679
The Letters Editor
Houston Chronicle
801 Texas Avenue
Houston, TX 77002
Faxes: + 1 713 220 7868
and to diplomatic representatives of the USA accredited to your country.

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