“Beto is my only child,” said Lydia Garza from McAllen in far south Texas. She was one of 12 family members of people on death row speaking, and the pain in her voice was palpable. Her son, Humberto Garza, was sent to death row under Texas’ Law Of Parties. This repressive law convicts people who have not killed anyone.
Every fall since 2000, Texas abolitionists, death row families and their allies have gathered to march, rally and demonstrate their opposition to state-sanctioned murder.
On the 25th anniversary this year, the often-overlooked impact of capital punishment on families was highlighted, and they were the only speakers at this year’s rally organized by a coalition of groups on Oct. 19.
Before the rally a spirited march took everyone to a nearby overpass of a busy freeway where a banner drop was held. Traffic honked approval, and three large banners and dozens of signs were well-received.
Speaking and chanting on bull horns as they went through the historic Third Ward African American neighborhood, words echoed off the homes and buildings with chants like “Death penalty? Shut it down!” and “Texas says death row! We say hell no!”
The rally at Our Park, adjacent to the S.H.A.P.E. Community Center, was led off by the mother of Erica Sheppard, who was sent to death row in 1993 at age 19, and said she was angry and tired.
Madelyn Johnson has raised Sheppard’s three children and numerous grandchildren and said, “I am ready for Erica to come home.” Johnson talked about the expense, both financial and emotional, of visiting her daughter.
She drives over three hours to visit her daughter, paying for overpriced food and drinks from the vending machines. She regularly puts in money in her daughter’s commissary account for essentials like toothpaste, deodorant and extra food, plus she buys minutes so Erica can regularly call home.
‘One injustice after another’
A poem for death row victims, written by the activist Catholic nun Sister Helen Prejean, was read by Delia Perez-Meyer before she spoke about her brother Louis Perez. He died on death row last May after he had a heart attack and was left on the concrete floor of his cell for two days before he received any treatment. The Innocence Project had investigated his case and was about to announce his innocence when he died.
Yancy Balderas’s husband Juan Balderas was wrongfully convicted by a district attorney who lied and “lost” whole cases of files that would have proven his innocence. Tears fell as she described how Juan spent almost nine years in solitary confinement at the county jail before he was even taken to trial.
Yancy stated, “It’s been one injustice after another, and we were not prepared for that. I will be forever grateful to activists, because they took us under their wings, and we learned how to fight for his life.”
Yancy Balderas’ mother brought her famous home-made Salvadoran chicken sandwiches and gave them to everyone participating at the rally.
Juan Balderas’ mother also spoke through tears. Speaking in Spanish, Vicky Reyes told of the pain her family has endured for so many years and thanked everyone fighting for her son and to end the death penalty.
Terri Been’s large family and their friends arrived with banners and signs proclaiming Jeff Wood’s innocence. Her brother Jeff was also convicted under the Law Of Parties. Years ago Wood’s young nieces and nephews formed Kids Against the Death Penalty and have creatively fought for Wood for decades.
Now that they are adults, they are still dedicated activists. They marched with their snare drum and loud bull horns.
Brandley case highlighted in new book
One of the most well-known cases of Texas’ injustice is that of the late Clarence Brandley, the victim of a racist frame-up who served 10 years on death row before his family, attorneys and activists finally freed him in 1990. Brandley then became an activist himself, working with local activists and organizations as well as Witness To Innocence. In 1995 he went to Philadelphia to help stop the execution of political prisoner Mumia Abu-Jamal.
His brother, the Rev. Ozell Brandley, spoke emotionally about the injustice of his brother’s case. He held up a newly released book written by John Grisham and Jim McCloskey called “Framed: Astonishing True Stories of Wrongful Convictions.” One of the 10 stories in the book is about his brother Clarence. The book looks closely at what leads to wrongful convictions and the racism, misconduct, flawed testimony and corruption in the court system that can make these unjust convictions so hard to reverse.
The final speaker of the day was too shy to talk so a friend read his statement about his mother, Pam Perillo Tise. Joseph Tise was just a baby when his mom was sentenced to die, and a woman offered to raise him.
He took her last name when she legally adopted him. Pam spent 20 years on
death row and after she got a commutation did another 20 years before she was finally paroled. During those 40 years she kept in touch with her son, and he wrote and visited thanks to the woman who adopted him.
His moving words explained that he would rather have had his mother raise him, but he loved her all the same, and today he said, “She can hold me and visit me and love me and my own children.”
At the end of the day, families and supporters left inspired, supported and ready to continue the fight. Now it is for justice for Robert Roberson whose execution was temporarily blocked.
Texas has legally lynched 591 people since the death penalty was reinstated in 1976. Now Texas already has three executions and counting set for 2025, and everyone claimed they were up for the fight!
The writer is a founding member of the Texas Death Penalty Abolition Movement.
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