Texas Law of Parties

Full name: Jeffrey Lee Wood                                                    
Date of birth: 8/ 19 /74 
Convicted: Killing a convenience store clerk during a January 1996 robbery in Kerrville, TX
Convicted under: The law of parties.
Previous record: None
 
Co-defendant: Daniel Earl Reneau (executed on 06/13/2002)
 
Short case summary: At approximately 6:00 a.m. on Jan. 2, 1996, while Wood waited outside, Reneau entered the gas station with a gun and pointed it at Kris Keeran, the clerk standing behind the counter. Reneau ordered him to a back room. When he did not move quickly enough, Reneau fired one shot with a 22 caliber handgun that struck Keeran between the eyes. Death was almost instantaneous. Proceeding with the robbery, Reneau went into the back office and took a safe. When hearing the shot, Wood got out of the car to see what was going on. He walked by the door and looked through the glass. Then he went inside, and he looked over the counter and ran to the back, where Reneau was. Wood was then ordered, at gun point by Reneau, to get the surveillance video and to drive the getaway-car.
 
Outstanding facts:
 

• Wood suffers from mental, emotional, and learning difficulties . He was abused and beat severely and repeatedly as a child. He is submissive to dominant behavior because of such.
• At arrest Wood was forced into interrogation by the police and did not have council present. Wood was kept awake the entire time. He was refused sleep. He eventually confessed saying it was a planned robbery. He later revoked this statement.
• Wood was found not mentally fit to stand trial. He was admitted into a mental hospital and a couple of weeks later was found 'trial ready'
• At trial, Wood was not satisfied with his representation. Wood asked to represent himself, but wasn't allowed to do so. The judge found him not capable of doing this. The judge however, did not argue Wood when Wood said he would then order his attorney's not to do anything. Result: Jeff had no witnesses during the punishment phase of his trial on his behalf.
• The victims father is against the death penalty and actually  campaigned to keep the actual gunman Reneau alive.

There are many additional facts that might be of importance, Jeff's mental state being the most important factor. There are mental health records that date back all the way to his childhood.

http://www.savejeffwood.com/

Cleve (Sarge) Foster, a 21-year Army Vet, was wrongfully convicted of Capital Murder and sentenced to die by lethal injection, in the state of Texas.

The man that committed the murder, Sheldon Ward, has given a full confession, exonerating Cleve. Yet he still sits and waits his turn to die.

A witness saw Ward chase a lady into a wooded area, heard a single gun shot, and saw him emerge a few minutes later, get into a pick up truck, and drive away...ALONE! The jury never heard this in Cleve's trial.

Cleve was convicted because of a take-out cup from Whataburger restaurant, that was found at the crime scene. He had frequented the restaurant the day before. There was no DNA of any kind found on this cup.

The jury was informed that the cup was found approximately 50-60 yards from the victims body. What they DIDN'T hear, was that it was also approximately 80-100 yards from a main highway.

The detective, during the trial, reported that there was no blood at the crime scene, meaning the victim was killed elsewhere and the body carried by two men, and dumped in the wooded area. The crime scene photos show exentensive blood, as well as blood spatter all around the body.

The jury only saw two crime scene photos during the trial. One was an aerial view of the area, the other was of the victim, taken approximately 50 feet away from the body. The jury was never aware that there was blood at the crime scene.

Cleve Foster did NOT commit this murder. Time is running out. Please spread the word about his case, and help us, to help him.

 .

On January 4, 2003 Rudy dropped off three guns at a friend's house, and followed through with his dinner plans with his wife.  After dinner, they returned home after stopping at a local movie rental store.  That same night, eleven of Rudy's co-defendants carried out their plan to rob drugs, but in the process, seven of the co-defendants stormed two homes and shot and killed six Hispanic men.  Rudy learned of the multiple murders on January 5, 2003 through the local evening news.  Rudy was arrested and arraigned on one court of Capital Murder on January 25, 2003.

The Trial

On August 25, 2005, Rudy was found guilty of Capital Murder, through Texas' "Law of Parties," eventhough he was not present at the crime scene and never fired a shot.  On August 27, 2005, Rudy was sentenced to death for a crime he did not commit and did not anticipate would happen.  The jury chose a death sentence in place of a life sentence, eventhough Rudy did not kill anyone.

Law of Parties

11 men were arrested and charged in this case. One was sent to prison on an unrelated crime.  Three were found guilty and sentenced to death, but only one was present at the crime scene.  One Pled guilty to murder and is serving a life sentence.  Another was found not guilty and released.  Another pled guilty to murder and is serving 25 years in prison.  The remaining three were released for a "lack of evidence." Another was given 35 years.

Appeals

Direct Appeal was submitted on December 18, 2006 and should be ruled on soon.

State Habeas was submitted on November 15, 2007.

Conclusion

Rudy maintains that he was wrongly convicted of capital murder, when he did not have any intent to kill and could not have anticipated that someone would be killed.  The imposition of the death penalty is unconstitutional when applied to Rudy's case, and no rational jury should have sentenced him to death.  Rudy's conviction, through the Law of Parties, is unjust.  Rudy's death sentence is cruel and unusual punishment, and a violation of his constitutional rights.  Rudy's crime should have been punished severely, but not with a death sentence.  Rudy should have been charged with attempted robbery, which he is guilty of, but not with Capital Murder.

I was born in Rio Piedras, Puerto Rico, but I was raised in Hato Rey, Puerto Rico “Cond.. Las Gladioloas”.

We then moved to the Americas. Growing up in America one could say makes me as American as anyone, but not enjoying the privileges of being American, namely CITIZENSHIP!!!

I faced what so many of us Latino Children face growing up: run down, poverty-stricken neighborhoods where gangs, drugs, prostitution, and violence are common place. Neighborhoods where role-models are drug lords, or gang members, a place where one develops a false sense of manhood, due to the role-models present, making one live in a perpetual state of fear.

Once veiled by ignorance, my actions were but reflex reactions to a hostile social order. And due to this blinding veil of ignorance, the social order of things, though hostile, appeared in no way unnatural to me. Never was I admonished that I was born into a predetermined set of circumstances, arranged by oppressive forces, and devised to make prison the most likely fate of this Latino child. Without awareness I was on a track destined for this, my present reality; prison, but more so for landing me on DEATH ROW at the age of 17.

Dreams (the blood of man) were bled out of me. Confined to prison and condemned to die, my dreams were deferred. Still, I allowed myself no time to waste, unless I lost the ground of my battle for Justice, Equality and Peace. For these reasons do I live, and for these reasons I will die, because without reasons a man’s life is without purpose.

You know, I wasn’t all that bad of a kid. And I feel that I was handled way to harsh due to my unwillingness to cooperate with the man. Not to mention that they felt threatened by my new light of life before I was arrested. That being; starting a chapter of the Young Lords in San Antonio.

In the 1960s, Young Lords emerged as a political organization in Chicago. While in prison, Jose "Cha Cha" Jimenez met Fred Hampton and other Black Panther Party members. They discussed the exploitation and oppression of Latino/as, African Americans and poor people in the United States. Cha Cha took what he learned to the Young Lords, at the time, a well-known Chicago street gang, and transformed the Young Lords into an organization committed to human rights and the liberation of Puerto Rico. The Young Lords believed that institutions in the community should be accountable to the people that they were established to serve. Neglect and unresponsiveness led the Young Lords to take direct action to bring attention to the deplorable economic, social and political conditions existing in poor Latino/a communities across the United States. By 1976, the Young Lords Party had disintegrated as a result of government and police repression and political infighting. The organization ceased to exist, but the principles it stood for remain.

Randy Arroyo, who was 17 when he committed his alleged crime, had his death penalty conviction overturned when the Supreme Court ruled that it was unconstitutional to execute someone who committed their crime when they were a minor.

He is now serving life in prison and is still fighting for his freedom and against the Law of Parties, and will be eligible for parole in 2037.

RANDY ARROYO BAEZ 1306206
Connally Unit
899 FM 632
Kenedy , Tx 78119

Portions of a letter written to me by Joseph

........I just have my own issues and one of them is that I truly feel that no-body gives a damn about me and my cause. I'm just another crying convict who should shut up and just accept what I've been given because I was sentenced by a jury and had my chance at justice, do you understand?

      But the truth is that my crying is self evident of the injustice I have received all my life. The legal system is just one more assult against my soul of innocence. The legal system.... epecially the LOP, is nothing more than a rapist. A predator seeking the weakness of it's victims. That weakness being our ignorance of legalism.

    Simply put we are victims because life teaches us nothing about the political wolves ( attorneys) and their hunger to feast on the unknowledgeable ( defendants/juries.) After we are digested we are then shat out to deal with the dung fly (court of appeals) in turn we are simply eaten and shat again over and over until one has lost hope and dies inside.

   This is where I am at. I'm at the point of dying because I'm tired of being tired.. But, I can't help remember a vision I had as a child. My sister, who moved on from this existence came to me and told me that it wasn't my time to leave with her. I guess when that time does come I'll know for sure but right now it's you and I and the struggle.

   You may use this letter as an insight of my feelings. I think it would help others somewhat as to understand it from our standpoint and help them to remove the blind from their eyes.  I also have a book about my life. It's called A Cry In The Wilderness/ A Raw Confession of one of the Texas Seven's Joseph Garcia. (reprinted with permission from Joseph Garcia.)

     Hello to everyone out there! I am Humberto Garza the 3rd and I am presently incarcerated on death row in the state of Texas. I'm a 34 year old Hispanic male from south Texas and I was convicted under the Law of Parties.

    This law is an injustice. Because of this law the men who actually committed the crime were either released or given plea-bargains. The prosecutors knew these men were guilty. The prosecutors actually told the jury that there was NO evidence against me to show that I killed someone and in fact went as far as to say that I was not even at the scene of the crime, but that I should have known something was going to happen. The prosecutor said that I was just as quilty because I knoew the people that committed the crime. The prosecutors lied and said that I sent these men to do what they did. They lied to the jury throughout my trial. There was 13 people indicted with this crime. Some of the men actually gave written or taped confessions as to what they did in this case. Yet, they were released or given plea-bargins..

    I was with my dad at my parents ranch helping my dad and his friends lay a foundation for a house my parents were building when I got a call on my phone. A friend wanted to know if I could drop him and 2 other guys off later that night. I dropped those three guys off at a convenience store and left. Nothing more. The actual crime happened over 2 blocks away from the store. I left them there at the store and I had no knowledge of what was to happen later. I was never at the scene of the crime.!!

    I am here on death row because the prosecutors said that I should of "ANTICIPATED" something was going to happen. How was I suppossed to do that? But, under the LOP I was charged and convicted of capital murder. Because of the Law of Parties the prosecutors said I should of anticipated something was going to happen.

    Where is the justice in this law if the actual people who committed this crime were either released or given plea-bargins and I was sent to death row? I did NOT shoot anybody and I was NOT at the crime scene, but yet here I am. At my trial during the sentencing phase some of the people that were part of the jury didn't understand how to apply this law to me. I've come to find out since being here that some of the people on the jury didn't even know they were sentencing me to death. (They did not know!) It's an injustice how this law is being applied to certain cases!! The prosecutors put on a show to lead the jury in the wrong direction. The prosecutors lead the jury by emotion. The jury was really confused by the end of the trial. I have as actual affidavit from one of the women that was part of the jury and in it she says that she did NOT know that she was giving me the death penalty!!

  I thank you for reading this short summary about my case. I pray that people start coming together to raise up and fight this law! To fight this injustice that is being done here in Texas! So, please, let your voice be heard! Raise up and help in this fight.......Peace ( reprinted with permission from Humberto Garza.)

After the board or paroles and pardons voted 6-1 in Kenneth's favour, Texas governor Rick Perry granted Kenneth a commutation of sentance to life without parole. The descision came Thursday, around 6 hours before the sheduled execution.

The crime- On April 7, 2001 Nelson and 4 co-defendants jumped into a friends van and were headed to Nelson's house for a cookout. On the way to the house, the men saw a person walking ont he side of the stret, and made the choice to rob him of some money, and then head back to the house for the cookout. Next think Nelson remembers the side door of the van opens, and Nelson hears gun shots. The mant hey were planning to rob was laying on the ground. The men panicked, jumped back into the van and left the crime scene. A couple of weeks later on April 27, 2001 the owner of the van and his wife were arrrested and charged with murder. Both of these defendants gave a written statment naming another person other than Nelson as the killer. On May 9th, 2001 the owner of the van met with Detective Carlos Ortegal to make another statement regarding Nelson and another co defendant. A warrant was issued for Nelson with a charge of capital murder and he was arrested on June 19th, 2001.

 The trial- On March 27th, 2003 Nelson was found guilty of capital murder through Texas Law of Parties, even through Nelson was not allowed to question his co-defendant about the first statement he made to police naming someone else as the actual shooter. The trial court's charge allowed the jury to convict Nelson either as the triggerman or as a conspirator. April 4th, 2003 Nelson was sentenced to death for a crime he did not commit and did not anncipate would happen. The jury chose a death sentence rather than a life sentence even though Nelson never anncipated a murder would occur and he did not hurt anyone.

Law of Parties- 4 men were arrested and charged in this case. The first suspect that was mentioned in the first statement given was never charged in this crime- yet is serving prison time for an unrelated crime. One plead guilty to murder and is serving 38 years in prison. Another plead guity to capital murder and is serving a life sentence. The other suspect was released and charges were dropped. Nelson was the only one sentenced to death, even though he is not the triggerman.

Appeals:

 Direct Appeal was denied on November 15th, 2006

State Habeas was denied on July 30th, 2007. Now waiting to get a COA granted to go into the fifth circuit.                                                                          

Nelson maintains that he was wrongly convicted of capital murder because he did not have any intent to kill and did not anticipate that someone would be killed. The imposition of the death penalty is unconstitutional when applied to Nelson's case and no rational jury should have sentenced him to death. Nelson's conviction is cruel and unusual punishment and a violation of his constitutional rights. Nelson's crime should be punished severely, but not with a death sentence. ( reprinted with permission from Nelson Gongora.)

Ramon Hernandez

Charles Flores

Rosfel Garza