Monday 13 April 2015

Robert Pruett - An Uneasy Execution Approaches

Robert Lynn Pruett

The story of Robert Pruett, a man sitting on death row in Texas, was my motivation for starting this Blog. After watching Robert's story on the BBC documentary Life and Death Row, I was convinced of his innocence. However, after listening to the many comments that have been left on my posts about Pruett, from supporters, close friends and others who are convinced of his guilt, I have to admit I am no longer 100% sure Robert is innocent. I do find it an absolute travesty that a 15 year old boy can be sentenced to 99 years (Pruett's original sentencing for the crime that sent him to prison). 

We don't have the death penalty in the UK, although many of the awful crimes I read about make me wonder why not on an almost daily basis. However, had the 15 year old Robert committed the same crime over here, he would, at the very worse of got a couple of years in a young offender's institute. However, because Robert Pruett did not actually murder the man, he incited his father to do the deed, there is a very good chance he would of received a slap on the wrists and given some kind of supervision order (to be honest, even that is unlikely). My point is, how can two justice systems be SO different. 

Despite not having the death penalty here, I have always admired the US for their use of it to deal with the worse of the worse. But if there is one thing the Robert Pruett case has taught me, is this is not always the case. Thanks to the felony murder law, there are plenty of young men in prison who didn't actually commit the unlawful act (the Pruett and Holle case being two that spring to mind). Maybe Pruett, had he not received prison time for his involvement in the initial murder, would of done something else to get him inside. Maybe he was destined to murder that Prison Guard (if indeed he did) but it certainly is a lot of what ifs. 

And this is why the impending execution of Robert Pruett does not sit well with me. It isn't because I believe him to be innocent, I am really not sure that he is. It is because I do not believe anyone should be executed unless his/her guilt is absolutely believed, beyond a reasonable doubt. Pruett has already had two stays in the past, a third is highly unlikely and yet this is not because there isn't any unanswered questions about the case. It is simply because the 'routine' a prisoner goes through in order to get to the point of execution is almost complete, regardless of whether there is potential doubt or questions. 

I don't normally recommend websites but I do recommend everyone -whether you believe in Robert Pruett or not - spends 30 minutes on his website reading some of the things he has written. Prison has obviously had a huge impact on him and he really is an insightful person, with a passion for living even if it is in dire surroundings with little to look forward too. I really don't know whether Robert Pruett is innocent of killing that Prison Guard, I know I was once convinced he was but I have my doubts now. This does not change my opinion that their is far too many questions to be 100% certain he deserves to executed on April 28th. 

Check out Robert's Site

Whether Innocent or Guilty, There is not Enough Evidence to Support Execution.

32 comments:

  1. I struggle with the death penalty, it seems, somehow wrong. It is a messy dilemma. I am not familiar with this case. But, applaud your convictions. All anybody can ask is you are true to yourself.

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    1. My mom ses this is my uncle his brother is my dad i am 22 years old and my family was raised and lived in channilveiw for years on allen dale but i was 6 mounths old when this happen and i never belived my mom until i looked all this up js i wished i could meet them all 3 to finnaly talk to my dads side

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  2. Hi Tim - Thanks for taking the time to leave a comment, I appreciate your input. I must admit my opinion regarding the death penalty is not as black and white as it once was - I was very PRO death penalty. However, reading the comments left on some of my posts made me question why? . I mean, do I really believe a person should die for taking the life of another or is my belief borne from -in my opinion- the very soft justice system of the UK. I do believe if you are prepared to take the life of another, then you should also be prepared to have yours taken too. However, the American justice system's death penalty is far from cut and dried - there are often what ifs, maybes,and possibles behind a potential execution. I wouldn't like to see a person executed unless there guilt was guaranteed and yet this is quite often the case.

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  3. I am personally completely opposed to the death penalty. Lucky for me I live in a State that does not use it. I would move to another State that does not use it if mine ever did, that is how committed I am in opposition.
    If reserved for the "worst of the worst" it is arbitrary at best, and retribution none the less. How can the Green River Killer get life in a death eligible State, but Pruett get death? The two crimes and circumstances cannot even compute a comparison.
    It cannot be lost on the populace of America that the States with the most active death chambers are also "bible belt" states, southern and religious.
    While in Texas especially I noticed the Churches were nicer than the schools, so that alone speaks volumes for priorities. If the priority is to rule with an iron fist, and the cost is life, then the taxpayers by vote have made spending billions on the death penalty their priority. For that I feel sympathy, surely those billions would produce better results if spent on education and work programs.
    A Life without parole sentence is still a death sentence, just a long drawn out in prison death. As opposed to a long drawn out and very expensive appellate process (which is necessary to literally take ones life).
    To say that the Pruett conviction could, should, or would be a poster for abolishing the death penalty... even with "what if's" is just barking up the wrong tree. This is actually one of the more solid convictions I have been exposed to, and I have been exposed to many in Texas.

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  4. Hi Admin, thanks, as always, for your well thought out comments. I do believe it may even be your comments in the past that have, indeed, swayed me in my opinion on the death penalty. You are totally right - how can one person be put to death for killing one person, and another be imprisoned for life for killing countless innocent people. I am also aware that there is a strong sense of eye for an eye in these DP states, especially Texas. It was while I was researching (and watching) the Jodi Arias case that I became more aware of how being given the death penalty, although seen as the ultimate punishment, was also seen as being better than LWOP because of the sheer amount of appeals carried out before a prisoner is executed. I mean, there must be countless prisoners on death row who have died on death row before getting anywhere near the death chamber. Especially in the States where the death penalty is not in active use.
    I did not mean to infer that the Pruett case was a poster for abolishing the death penalty. What I meant to convey was that the Pruett case had made me see that even one maybe or what if is enough for me to question whether the death penalty should be used. I always look forward to any comments you have, especially as you obviously much more knowledgeable on the subject than myself. If you use Google Plus (my own guilty pleasure!!) I ask you consider joining the blogs group where people can discuss more on this case and any others they wish to chat about.

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  5. I have mixed emotions when it comes to the death penalty. The likes of David Westerfield is someone who definitely deserves it. But Robert Pruett is Not one who should get the death penalty. There is too much reasonable doubt. His life alone is a reason for him not to face the death penalty. He never had a chance, and this should have made a difference in the penalty phased of the trial. I don't understand why it didn't. I struggle with his innocence , and tend to lean towards his guilt in the murder. But there is reasonable doubt. This case really saddens me. He should get life for the murder, but not death row. He just never had a chance .

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    1. Pruett had many chances, he just never saw them as such and that defies the adults. Pruetts' initial conviction was during a time when politicians got elected in the south by making people feel safe from something terrible. If not the black man, then the teenagers, if not the teenagers than the illegal aliens, if not the illegal aliens than the terrorists. It is all so we will elect the right politician to make us feel "safe", somehow though, I don't feel any safer.

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    2. He had some chances, not many. Being raised in the home he was raised in, didn't give him much to understand in the way of seeing those chances. He was first given drugs by his father at a very young age. I believe around 7. His whole childhood was nothing but abuse, and neglect. I don't entirely agree with the reason why politicians got elected in the south during the time he was convicted.

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  6. Thanks for taking the time to leave a comment, Lizzie. I am not familiar with the Westerfield case but I will be looking it up. I agree with you about Robert Pruett's upbringing, he really didn't stand a chance of growing up to be a well adjusted adult. Does this excuse him of murder? absolutely not but it is a huge mitigating factor in my opinion. All he really knew was violence and abuse.

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  7. Your welcome. There was a ton of mitigating factors in this case. David Westerfield, basically stalked a little girl, broke into her home at night, kidnapped, and brutally rapped , and strangled her to death. He didn't seem sorry at all. I watch the entire trail, and it was sickening. I don't think I'll ever forget that case. ....... As for Robert's case, I guess, as a Mom, I have a special place in my heart for the little boy who didn't stand a chance at a normal life. The anger he must have felt for being locked up, the frustrations against the system that didn't protect him, and then being put in an adult prison...and only the Lord knows what happened to him when he was first put out in general population. Which in of itself is a mitigating circumstance. I know I sound like I'm justifying what he did, but that's not how I feel. I'm not blindly saying these things, just am able to understand how he got to where he was and is. I do feel he should be in prison for the crimes he did commit, and I do lean towards him being guilty of the murder of Officer Nagel. But I don't feel he deserves the death penalty. By it's own " the worst of the worst " ...he is not.

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  8. I have read up some on the Westerfield case, and how incredibly sad and sick! You are right about the complete lack of remorse, no soul at all! As for Robert, maybe it is the mum in me that has drawn me to his case although there are plenty of Roberts in the system I am sure. I just find it barbaric that he could be given a 99 year sentence for a murder he didn't actually commit himself. This was nearly three times the sentence his brother received and 30 odd years more than his father, the actual murderer, was given. I understand Robert, by his own admission, was responsible for the events leading up to the murder. He also admits inciting his father into killing that man. However, surely, his age, just 15, should of been taken into consideration. Was he really mature enough, emotionally developed enough, to understand the potential finality of his actions. At 15 an individual's mental maturity is still improving, they are still learning conflict resolution skills and coping mechanisms. Is it fair to blame a mere boy for the actual actions of an adult, the person there who should of known better - no matter how much he had been riled up, lied too or encouraged. Maybe it is because I have a 15 year old son, who I cannot imagine lasting five minutes in an average jail cell never mind hard prison. A son I have 'gone to bat for'...defended when I thought he was victimised...protected when someone was trying to hurt him. Had I chose to kill the persons responsible for these actions against my son - would I be happy at the thought of him receiving a life sentence for his part in the lead up?

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    1. I just wanted to fix something you said, Robert's older brother got 40 years, but Robert's father Howard Sr got LWOP. He will never leave prison alive. Robert had the possibility of parole, but the punishment was doled out in the same as the convictions, they were all tried together. The actual killer, LWOP, the person responsible for starting the conflict, 99 years (this was likely a result of the testimony that Robert chased the man down and held him for the killing blows) and the least culpable, the older brother 40 years.
      A couple of things played into Roberts sentence being so different from his older brothers, including the testimony of Roberts participation. Robert had been part of the juvenile justice system, this was not some innocent 15 (just shy of 16) year old kid. While juvenile records are sealed in the States, the hearings to decided whether Robert would be tried as an adult or as a juvenile were heard by a judge. Something in Roberts juvenile record had the judge leaning towards charging him as an adult. From testimony at the punishment phase, it appears this record was pretty extensive.
      When you look at your own child, you see a product of the environment you created, complete with safety nets, support, and trust. When you think of Robert you have to remember he is a product of HIS environment, drugs, crime, sexual abuse and assaults, a child hood not afforded any safety nets other than a system that was failing children across Texas at an alarming rate. Robert was very much like an adult by the time he was 15, having learned to survive in such surroundings doesn't give you much time to be a "kid".

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    2. Admin, thanks -once again - for your detailed response. You are obviously well versed in the Pruett case, so I know the sentences you quote are right. I read, on a BBC website, that Pruett's father was given 60 years, so I thank you for the correction. You are also absolutely right about my comparison of my own son to Robert. My son has never been in trouble, beyond being cheeky and breaking curfew, and I think he would faint at the sight of drugs and violent activity so it isn't a fair comparison. I didn't realise Robert's juvenile records were sealed, although it does explain why I couldn't find anything concrete about past indiscretions. Pruett himself has openly admitted he was no angel, even going as far as saying he wouldn't want a daughter of his to be involved with the sort of person he is/was. And, you make a VERY good point in that the judge, when sentencing, obviously saw something in Pruett's past crimes that made him think he should be sentenced as an adult. I just can't get past the fact he was only 15 and regardless of criminal activity, many of his necessary conflict resolution and coping skills are still developing....and I mean that about every 15 year old not just this criminal and this case. I think another reason it shocks me is because our UK system is SO much the other way. As I said in the post, had Pruett committed the same crime over here, he would of been UNLUCKY to walk away with community service or an Anti-Social Behaviour Order. My thoughts are he would of been used as a witness and received no formal punishment, regardless of his past. This obviously isn't right, it is far too the other way, Pruett deserved to be punished for the integral part he played in that poor man's murder - I just can't accept 99 years was 'fair'. I don't mean to take anything away from the victim there either, I am sure his family wanted all three men to burn. I may only be one person writing a small blog but I am always aware there is a small chance a victim's family member or loved one may happen across what I have written and feel disrespected.

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    3. here is one excerpt from the Memoirs and Musings of Robert Pruett, this was written in 2007, about his "crime spree" just before the Yarborough murder.
      When the summer of 1995 rolled around I launched a crime spree with my cousin Chucky, friend Baby G, and several others who eventually bailed out on us. We'd go out each night and rob houses, buildings, and people (for the most part it was just houses, though). Everything went smoothly for us until the night of July 23, 1995.

      "To make a long story short, Chucky, Baby G, and I were arrested for burglarizing a house down by the San Jacinto River. While we robbed the place the owner's son, who lived next door, showed up and a high speed chase ensued. I ended up crashing the car we were in into a ditch and Chucky and I fled the scene, eventually making our way back to my trailer park several miles away. Baby G stayed with the car (It belonged to his father and he later told us his old man would kill him if he lost his car!) and somehow managed to get it out of the ditch, but then he drove it to my trailer park with the home owner's son following him!

      When Baby G pulled the car into my driveway he abruptly jumped out of the car and pointed a gun at the truck occupied by the home owner's son. I watched the truck peel out down the road and then Baby G got back in the car and drove it down to my trailer. We quickly unloaded all the stolen property, then Baby G drove his dad's car to their apartments about 1/4 mile away. The homeowner's son must've observed Baby G drive back to his apartments because 20 minutes later we were apprehended there while trying to steal another car to move the stolen property."

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    4. Thanks for your updates, Admin - as always I appreciate it. I have found much of Robert's writing really interesting. I find him refreshingly honest about his past, he certainly doesn't pretend he was an angel. He doesn't blame others and, even though his upbringing was - in a word - vile, he doesn't even blame his parents. In fact, quite the opposite - he speaks almost loving about his mother and father. He also seems to have had a lot of family around him cousins and such. Does this mean he didn't murder Daniel Nagle -absolutely not but I do think his honest writing and the fact his story was covered by the BBC have helped humanize him to people. I think this is why he has garnered so much support - especially here in the UK. There are millions of people who have had terrible upbringings, some much worse than Robert even and there are many millions of people who have made mistakes or acted out of anger/ignorance/selfishness etc.I guess it is there but for the grace of God go I. Who knows how they would of turned out etc in the same circumstances.

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    5. Yes, David Westerfield has such a black soul, wasn't sorry one bit. Given the chance , he'd do it all over again. I'm hoping Robert does get a commuted sentence. The 28th is looming, and it makes my stomach churn at the thought he may be put to death. I don't believe he should have ever been sentence to the 99 years, and then of course the death penalty. I can't imagine how he's feeling inside. I wonder how his Mom is doing. The interview I seen with his father left me feeling like, " he's really crazy " ....and he's the one who purposely conditioned his son to be a certain way. It's creepy to know there are people out there today, doing the same thing to other kids. I feel for Robert, and I pray he gets his sentence commuted, but it isn't looking like that's what's going to happen. I'm so sad for him.

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  9. So unsiviliced and more typical for less developed nations to commit murder by state. This is 2015 and not 1861. There isn't even hard proof for conviction. Furthemore, 99 years imprisonment for a 15 year old is not a good medicine regardless. All changes must come from within, and society must react accordingly.

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  10. Just a little update. David Dow who represents Robert Pruett, through his attorneys filed a writ of prohibition seeking to continue to represent Pruett in the Criminal Court of Appeals for which Dow had previously been banned for untimely filings.
    This was GRANTED and Dow can now proceed with defense of Pruett. Dow promptly filed with the US District Court for a stay of execution based on the preservation of the evidence (palm and fingerprints) on the torn disciplinary report. This appeal is still PENDING (although the standards for preservation Dow relies on are a standard developed years after the murder, I think this will fail, but also because there is no evidence that the preservation of the evidence was ever in question by any of the three labs that have tested the evidence.)
    Dow has also filed a subsequent Habeas Corpus, based on the same, which is PENDING in the Criminal Court of Appeals.
    That is where we are just 7 days prior to execution.

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    1. Thank you for taking the time to update us Admin, I appreciate it. I believe another stay, especially given the reason, is unlikely.

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  11. The CCA has denied his successive Habeas Corpus, and Stay of Execution. He still has appeals pending in US District, and the Supreme Court. His attorney will no doubt appeal this decision as well. These appeals will be either denied or granted in pretty short order, with some waiting (particularly the Supreme Court) until the day of execution.

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  12. Just 5 days from execution and the District Court sent Pruetts case back to the 5th Circuit Court of Appeals. The District Court presents the petition is a successive petition without authorization to file a successive petition. The 5th Circuit agreed. Pruett's stay of execution has been DENIED.

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    1. Is there any other chance, or appeals that can be made on his behalf?

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    2. Lizzie there is a very slim, and I mean very slim chance the Court will allow for him to seek a successive petition in the District Court, however I don't want to give anyone false hope. The likelihood of a stay at this point is very, very slim.

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    3. Hi Lizzie. I would imagine, as it is usually the case, there will be a flurry of appeals right down to the wire. As Admin said, there is always a chance Robert will be granted a stay, but I also think this is highly unlikely. From what I can gather, his attornies are appealing on the grounds that potential DNA evidence was not preserved following procedures. However, these procedures came about in the years AFTER the Daniel Nagle murder. I think IF and it is a big IF, a stay is granted it will be a suspended execution relating to the current death drug debate that is ongoing over there. Having said that, this issue seems to be causing more issues in other DP states. Texas, it appears, has been business as usual.

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  13. Please allow me a second comment;
    Firstly, I very much share the deeply saddened feeling over this case.
    Particularly because I in several aspects can identify myself to the case. Growing up in Norway in the sixties in a tough neighbourhood, and being a rebellion myself in my teens. Doing many of rhe same things Robert did. He is very reflected regarding genetically and environmental influencing, with the latter being 90% of your forming as a being.
    I was the lucky guy, mostly by incidents + having law abiding parents..
    Today I have turned out successfully in all aspects. I know for sure this could have been the same for Robert, given slightly different cards and influences.
    I have read hundreds of cases where people have been executed in US. Unfortunately for less faults or coincidents happened them, than in this case.
    If his case were in Norway, he would not go to jail in the first place, and if he actually killed that guard he would probably face 10 - 15 years imprisonment. I know this might sound just as strange to anybody as I feel about the appalling state killings going on in one supposedly role model nation to western civilisation. Also it is hard for a foreigner like me to understand the hugely different cultures between the states in USA.
    I can only hope the world evolves in the right direction, but revenge is not part of that road.

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    1. Thanks for your comment, Terje - you are always welcome to add your opinion. I can completely relate to what you are saying, as I have said in a previous comment there but for the grace of God go I. We could all of turned out very differently, and nobody can say that in the same circumstances as Robert they wouldn't have acted the same. However, it is worth pointing out that, sadly, there are hundreds of thousands, millions even, of people whose upbringing was worse than Robert's. Who have much worse genetic and envoironmental influences to deal with and who have turned out to be law abiding citizens. My opinion on the death penalty has changed massively since I started this blog and while I cannot say I am 100% against it, I am not 100% for it either. It is interesting that you note what Robert's crimes would have got him in Norway. I am in the UK and he would have been unlikely to receive prison time for the original crime either.

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  14. Pruetts final appeal was filed yesterday seeking authorization to file a successive Habeas Petition and Stay of Execution. If he does not receive a COA (certificate of appeal) from the 5th Circuit, his execution will go forward. This is a highly unlikely to succeed appeal. It asks the Court to consider Brady claims that have already been denied. It also seeks for the Court to find that the preservation of evidence was so negligent by todays standard that it would prove actual innocence if it was preserved properly. However the preservation issue is tied into a Constitutional issue, and as such has precedent setting rulings in other cases. The evidence was preserved in a standard that was acceptable at the time it was preserved, none of the labs that have tested the evidence have questioned the quality of the evidence or its preservation, only that enough DNA could not be extracted to exclude the victim or Pruett. Which is the same result the jury heard. This appeal will likely be decided on Monday, or delayed until late Tuesday so no other appeals can be filed at this late stage.

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  15. Pruetts' final appeal in the 5th Circuit was DENIED. There is nothing else pending with the exception of Clemency, an even longer shot than this appeal was. For all intents and purposes this execution will go forward as planned on Tuesday night.

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    1. Thanks for the updates, Admin. As always, it is most appreciated.

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  16. Well, incarceratiion rate in USA is the highest in the world, more than 700 per 100 000. At the same time, cost of education in US is very low, approx usd 10k per year, whereas the cost per inmate in that instant is at usd 65k.
    Obviously this varies a lot from state to state, but the relative difference is mostly the same. Death row inmates are far more costly than regular inmates. The US doctrine is not sustainable. Investing in education is good business in every way. Strange how politicians don't realise and act on these facts...but like I mentioned; change must come from within - so it is the single individual's responsibility to contribute to the change.

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    1. I have no figures to share but I do agree with you Terje - the government should be spending more on education. I also knew Death Row inmates cost much much more than the average convict - I cannot even begin to imagine what the cost of all the appeals must be alone! Unfortunately, the whole incarceration gig is a necessary evil, money sink or not. People need to go somewhere then they are deemed as dangerous to the well being of society and the members within it. What alternative can there be? Cuts can be made, costs can be reduced but at the end of the day, no matter what crime has been committed the convicts have human rights and this means the right to be treated humanely. I am sure any Governor would love to pump money towards education rather than the prison system but it seems to be a sad sympton of the world we live in.

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