1980 Capital Case Returns; Defense Alleges Bias
For the second time in three decades, a Texas court is preparing to decide whether Delma Banks Jr. should be executed for the 1980 shooting death of 16- year-old Richard Whitehead.
The U.S. Supreme Court overturned Banks’ death sentence in 2004, finding that the Bowie County prosecutors who tried the case suppressed evidence and deliberately covered up their mistakes for decades. “It’s really a remarkable tale of misconduct — just about every kind of thing the prosecution could do that was improper,” said Robert C. Owen, co-director of the Capital Punishment Center at the University of Texas School of ...
Comments (6)
Michael Gershman
It's important to note that nothing happened to the prosecutors or the sheriff who hid multiple perjuries during years of appeals. This blatant misconduct required the defense to hire investigators at taxpayer expense to uncover information that the the prosecution knew all along. We should bill the prosecutor for the extra expense he caused.
As for the retrial, the prosecutor has openly declared his personal stake in the outcome. If Delma Banks is released or even gets life instead of death, the prosecution and sheriff will stand convicted of railroading Banks using payoffs and perjury.
It's time to appoint an independent prosecutor to retry the case. Unfortunately, the real criminals are protected by the statute of limitations, but they can at least be cited by the bar association for knowingly defrauding the court.
JeffDaiell
This reminds me of Maryland v. Tasker, where the prosecution suppred the M. E.'s report that precluded Mr. Tasker as a suspect. Mr. Tasker is still behin d bars.
Jeff Daiell
JeffDaiell@Gmail.com
annie03
It is a sad fact that lawyers in Texas can commit malpractice with virtual impunity. What other profession allows that?
Rhonda Loving via Texas Tribune on Facebook
I believe this is not only occurring in Bowie County in TEXAS!
Dave Crooke via Texas Tribune on Facebook
Here in Texas it's considered quite normal to sentence innocent people to death, especially if they aren't of the Caucasian persuasion ... at least this guy is still alive and has a chance at an appeal
Laurissa James Grinnell via Texas Tribune on Facebook
Are they people who can be voted out of office? if so, the citizens of Bowie County need to get one that!