In March of 1980 Jerry Lee Hogue was found guilty of the January 13, 1979 murder of Jayne Lynn Markham committed in the course of committing arson -- a crime for which he has always maintained his innocence. During the punishment phase of that trial, evidence to show that there was a probability that Mr. Houghe would commit criminal acts of violence constituting a continuing threat to society. The problem is that prior criminal act was set aside by the Colorado Courts in 1994. Legally, that prior criminal act never occurred.

At the very least Mr. Hogue should have been granted a new trial limited to assessing his punishment and his punishment alone. Mr. Hogue had the right to be punished by a jury of his peers based on evidence that was accurate and valid. When accused of a crime, all people have the right to be tried and punished by a jury of their peers based solely on evidence this is accurate and valid.

Unfortunately, Jerry Lee Hogue was clearly denied that right, and he was denied that right simply because of a legal technicality. That is, he had failed to object to the admission in evidence at the punishment phase of his 1980 Texas capital murder trial of the 1974 Colorado guilty plea to rape conviction.

In 1980 was the reasonable for Jerry Lee Hogue to feel that his 1974 Colorado guilty plea rape conviction would be set aside 14 years later? Of course, it wasn’t reasonable, so it’s unconscionable for the State of Texas to punish Jerry Lee Hogue for an omission that is unmistakably unreasonable.

Urge the Texas Governor George W. Bush and the Texas Board of Pardons and Paroles to examine Mr. Hogue’s case thoroughly. Urge the Texas Board of Pardons and Paroles to have an open and public hearing before the full Board.

This e-mail will be sent to Austin, Texas, where it will be printed and handed delivered to the Offices of the Governor of the Offices of the Texas Board of Pardons and Paroles.

Article 4 Section 11 of the Texas Constitution authorizes the governor to grant, independently, one reprieve of up to 30 days in a capital case. Otherwise, the governor may grant clemency, including an additional reprieve, only on the recommendation of the Texas Board of Pardons and Paroles. The Texas Constitution authorizes the governor -- on a recommendation from the board -- to grant clemency in any criminal case except treason or impeachment.

Sample Letter to Victor Rodriguez,

Chairman of the Texas Board of Pardons

And Paroles

Victor Rodriguez, Chair

Texas Board of Pardons and Paroles

420 South Main Avenue

San Antonio, TX 78204 – 1114

Dear Mr. Rodriguez,

Jerry Lee Hogue is scheduled for execution by the State of Texas on March 11, 1998. I write to urge you to do whatever you can to prevent this miscarriage of justice. And it is a miscarriage of justice.

Jerry Lee Hogue was sentenced to death based on evidence - a prior criminal conviction - that was later set aside by the courts. Legally, that prior criminal conviction did not occur. Mr. Hogue should have been given a new penalty phase trial so that his punishment would be based on evidence that is valid and accurate, but he was denied that right due to al legal technicality - he had failed to object to the admission in evidence at the punishment phase of his Texas capital murder trial of the prior conviction.

The fundamental philosophy of the American Constitutional form of Representative Government hold to the idea of checks and balances between the various branches of government. Executive clemency is the necessary and sufficient check against that executive clemency is the historic fail-safe remedy against the miscarriage of justice, yet not one member of the current Texas Board of Pardons and Paroles has ever voted to recommend executive clemency to a Death Row offender. It’s as if executive clemency doesn’t exist for Death Row offenders in the State of Texas. Shipman didn’t even read the executive clemency request for David Stoker, executed on June 16, 1997, Nonetheless, Mr. Shipman voted against recommending clemency for David Stoker.

Additionally, all people are at all times entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials, yet the Texas Board of Pardons and Paroles rules and procedures associated with executive clemency are cloaked in secrecy, conducted behind closed doors. Executive Clemency requests should include open hearings before the full Board of Pardons and Paroles. Death Row offenders should be allowed to present their evidence in person and should be allowed to counter the evidence submitted against them.

It’s an outrage when someone guilty of committing a crime is allowed to go free due to a legal technicality. It’s an unconscionable travesty of justice when someone is executed due to a legal technicality. Please examine Jerry Lee Hogue’s case thoroughly. Please have an open and public hearing so that Mr. Hogue can present his case to the fill Board in person. Justice demands no less.

Sincerely,