Jeff Wood receives stay of execution

After months of intensive campaigning and then four days of visits telling him goodbye, Jeff Wood’s family began screaming and jumping up and down with joy around 1:30 p.m. on Aug. 21 when attorneys for Wood told them the federal court had issued a stay of execution and the state of Texas would not try to appeal the ruling.

Hip Hop artist Capital X and Kids Against the Death Penalty. WW photo: Gloria Rubac

Wood’s family was in Huntsville preparing to join protesters at the death house when the news came. “We are so happy and so relieved that it is quite a sight here with people laughing and crying at the same time,” Wood’s spouse, Kristin Wood, said. Kristin was preparing to witness the execution.

In a blistering opinion, Federal District Court Judge Orlando Luis Garcia in San Antonio criticized Texas courts saying, “With all due respect, a system that requires an insane person to first make ‘a substantial showing’ of his own lack of mental capacity without the assistance of counsel or a mental health expert, in order to obtain such assistance is, by definition, an insane system.”

Judge Garcia halted the execution of Wood to allow mental health experts to determine whether Wood, who has a history of emotional illnesses, is sane enough to be put to death. He expects to hold a hearing by March of 2009. He also appointed attorneys Scott Sullivan of San Antonio and Jared Tyler of Houston to represent Wood and a psychiatrist to work with them.

Activists from around Texas had worked with the Wood family for months trying to stop the execution. Wood was convicted under Texas’ law of parties but he killed no one and was not inside the store when a robbery and murder took place.

Wood spent his Aug. 19 birthday visiting family. The Texas Board of Pardons and Paroles, which has the power to recommend clemency to the governor, denied Wood’s clemency petition on this day.

Fortunately, attorneys Sullivan and Tyler had filed petitions in the courts and because of good lawyers and a public political movement in the streets Wood is alive today. Support for Wood had come from all over the U.S. and from Europe and Australia.

“Right now, first and foremost we want to thank everyone who got involved and we just hope and pray people won’t forget about Jeff because the fight is not over. We got a break and we thank god for that but it’s still not over. Even though the stay was issued on issues of Jeff’s mental health, I still think it is important we focus on the rest of the issues in his case and the law of parties,” said a grateful Kristin Wood.

Wood’s daughter, nieces, nephews and young friends formed their own group, Kids Against the Death Penalty. They meet regularly and have elected officers. They issued their own fliers for Wood, have a My Space page and spoke at San Antonio press conferences. They have helped to gather over 5,000 signatures on petitions and had prominent individuals send letters to the governor and Board of Pardons asking for clemency.

The KADP also led a march in Austin for Wood.

On May 24, Wood’s family, the KADP and supporters joined with Puerto Rican Hip-Hop artist Capital X, who was nearing the end of his 1,700-mile walk from Trenton, N.J., to Austin, Texas, in protest of the death penalty.

On May 25 they demonstrated at the governor’s mansion. Since it was being remodeled, they then went to his temporary home, following another car into the gated community. Gov. Rick Perry did not answer his bell or the intercom, so the family and activists held up the signs to the security camera for the governor to see.

Since Wood attended school in San Antonio, activists and family gathered there in front of the Alamo to hold a press conference and a rally on August 2. Speakers included Wood’s father, Danny Wood; Capital X; Scott Cobb with the Texas Moratorium Network; and the KADP.

Sherri Clausell of the Texas Death Penalty Abolition Movement read a statement from Lawrence Foster, the grandfather of Kenneth Foster. Last summer, Kenneth Foster was facing execution under similar circumstances. Foster was also convicted under the law of parties, but just hours before his execution he was granted clemency.

Foster’s statement said: “I hope no other family would have to endure what the Foster and Wood families have gone through. Jeff’s case is so much like Kenneth’s case that it is like a mirror image. I remember thinking last summer that Texas had already executed the killer and yet they wanted Kenneth. It is the same for Jeff. The killer has been executed. What more does Texas want? Jeff is not guilty of anything and wasn’t even in the store. Where is justice in Texas today? It is sure not in killing Jeff Wood. His execution should be stopped today.”

Then the KADP led an impromptu march around the Alamo. Many signatures were gathered from tourists at the Alamo, some from as far away as North Carolina and even from New Zealand, calling for clemency for Wood.

On Aug. 16, almost 100 people supporting Wood marched on the Capitol in Austin. At the rally, many tourists touring the Capitol signed petitions. A couple from Australia signed and told how in Australia they do not use capital punishment. Rally speakers were from the Texas Moratorium Network, the Texas Death Penalty Abolition Movement, Texas Students Against the Death Penalty and the Campaign to End the Death Penalty. Capital X did a rap he had written about Wood.

Belated birthday cards can be sent to: Jeff Wood #999256, Polunsky Unit, 3872 FM 350 South, Livingston, TX 77351. For information, go to www.savejeffwood.com and [email protected].