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Thread: Alvin Avon Braziel, Jr. - Texas Execution - December 11, 2018

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    Alvin Avon Braziel, Jr. - Texas Execution - December 11, 2018




    Summary of Offense:

    On September 21, 1993, Braziel approached a newlywed couple walking on a jogging trail of a community college and demanded money. When it was discovered that neither of the two had any money in their possession, Braziel shot the 27-year-old man, Douglas White, resulting in his death. Braziel then sexually assaulted the 23-year-old woman. Braziel was linked to the crime in January 2001, when his DNA was found to match the DNA taken from the woman.

    Braziel was sentenced to death in Dallas County in August 2001.

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    Administrator Moh's Avatar
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    On August 27, 2009, Braziel filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/tex...v01591/189176/

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    Federal habeas relief denied by the federal district court on May 28, 2015.

    https://docs.justia.com/cases/federa...1591/189176/87

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    Administrator Moh's Avatar
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    On June 26, 2015, Braziel filed an appeal before the US Court of Appeals for the Fifth Circuit.

    https://dockets.justia.com/docket/ci...s/ca5/15-70018

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    COA denied today by the 5th Circuit.

    http://www.ca5.uscourts.gov/opinions...15-70018.0.pdf

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    Moderator Ryan's Avatar
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    Dallas man on death row for killing man during failed robbery in 1993 loses Supreme Court appeal

    HOUSTON — The U.S. Supreme Court has refused to review an appeal from a 41-year-old man on death row for attacking a newlywed couple on a jogging trail outside Dallas 23 years ago, killing the husband and raping the wife.

    The high court issued no comment in the case of Alvin Braziel. His attorneys had argued trial lawyers were deficient for not presenting sufficient mitigating evidence during the punishment phase of Braziel's 2001 murder trial in Dallas.

    Braziel was condemned for a 1993 failed robbery attempt where 27-year-old Douglas White was shot dead and White's wife of 11 days was raped. The attack occurred on a trail encircling Eastfield College in Mesquite.

    Braziel was in prison for sexual assault of a child when DNA tests linked him to the slaying.

    http://www.dailyjournal.net/view/sto...ecution-Appeal

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    Texas men convicted in deaths of child, newlyweds get execution dates

    Two more Texas death row inmates - a North Texas man who murdered a newlywed couple and a convicted child killer from East Texas - now have execution dates on the calendar.

    The first of those is Alvin Braziel, a Dallas County man now scheduled for execution on Dec. 11, according to Texas Department of Criminal Justice spokesman Jeremy Desel.

    The now-43-year-old was sent to death row for the deadly 1993 attack of Doug and Lora White, who Braziel approached on a Mesquite jogging trail. After demanding money and finding the couple had none, Braziel shot the man and raped the woman at gunpoint before killing her, too, a jury found.

    He wasn't linked to the crime until 2001, when a DNA match led police to him as the primary suspect. At that point, he was already in prison for another sex crime.

    On appeal, his attorneys raised claims of sub-par representation earlier in the case, after trial lawyers failed to bring up his abusive upbringing, family history of mental illness and childhood head injury as possible reasons to consider a life sentence instead of death.

    But the courts turned him down and on Wednesday his attorneys declined to comment.

    The second of the newly scheduled execution dates is for Blaine Milam, who is slated to die on Jan. 15.

    Milam was sentenced to die for the 2008 slaying of his girlfriend's toddler during a alleged botched exorcism the couple attempted in his trailer in Rusk County.

    The child, 13-month-old Amora, was beaten with a hammer and covered head-to-toe in bite marks, with injuries so extensive a medical examiner testified that it wasn't possible to tell how the little girl died.

    The case was tried in Montgomery County after extensive pre-trial publicity forced a change of venue. Milam's then-girlfriend, Jessica Carson, was sentenced to life in prison without parole, while Milam was sent to death row in 2010.

    On appeal, his attorneys raised claims of prosecutorial misconduct, earlier bad lawyering when his trial attorneys failed to present evidence about his "drug induced psychosis" at the time of the slaying.

    His lawyer declined to comment.

    The state of Texas has executed eight men this year, including two Houston-area serial killers. Including Milam and Braziel, there are another nine men scheduled for execution in the coming months.

    https://www.chron.com/news/houston-t...-13224035.php?

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    Senior Member CnCP Legend Mike's Avatar
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    More on Braziel's crimes

    As newlywed couple Lora and Douglas White walked together at Eastfield College on September 21, 1993, Braziel surprised them at gunpoint and demanded money. The couple had no money on them and on the way to get money for Braziel, he got angry with Douglas for looking at him. Douglas warned Lori to run, but Braziel threatened to kill Douglas if Lori ran away. Douglas and Lori immediately started praying. Braziel kicked Douglas and said, "yeah, you better pray." Braziel then asked, "where is your God at now?" and shot Douglas in the head. Douglas let out a cry, and Braziel told Douglas to get up, picked Douglas up by the arm, put the gun up underneath Douglas's chest and shot him again. Douglas said, "oh God, I'm bleeding," let out another cry and then Lori heard the air leave him. Braziel then grabbed Lori by the arm and took her into the bushes as he held the gun to her ear. Braziel then sexually assaulted her at gunpoint while she silently prayed. Douglas died at the scene as a result of his injuries.

    Braziel eluded detection for the offense more more than seven years. He was arrested while serving a prison sentence for sexual assault, having been found based on a DNA match. Braziel testified in the guilt phase that he did not commit the offense and was not there at the time. In the punishment stage, Braziel's trial counsel did not present any evidence of problems in Braziel's background or mental development. They called the parents of one of his friends who testified that they trusted him as someone who showed good character and was a good influence on their son , but the friend's father changed his testimony to say that he would no longer let Braziel around his family based on new facts brought out in cross examination. Braziel's attorneys also called his prior defense attorney and cross examined the state's witnesses about extraneous offenses (evading arrest in high-speed chase, a conviction for sexual assault of minor, and a car-jacking where he shot a man and stole his car), his probation violations and his risk of reoffending. During the cross examination of his girlfriend, defense counsel brought out that Braziel was a good father to his child, provided for his child and girlfriend, and that she never saw him with a weapon or in a gang.

    https://www.leagle.com/decision/infdco20150619886

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    Administrator Aaron's Avatar
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    Death Watch: Lucky 13?

    If all goes according to the state's plan, Texas will have executed 13 inmates by 2018's end. After five failed attempts to secure a stay from the U.S. Supreme Court, Joseph Garcia was executed just before 7pm on Tuesday – with the very drug challenged in his last-minute appeals.

    In the last week, Garcia's attorneys filed several new motions for a stay due to a "belief" that the Texas Depart*ment of Criminal Justice acquires its execution drug pentobarbital "from a compounding pharmacy that has been repeatedly cited for safety and sanitation violations by state and federal regulators, and has been on probation with the Texas State Board of Pharmacy since 2016." The filings argued that execution would violate Garcia's 8th and 14th Amendment rights, since "substantial concerns" have been raised that the drug "will not be what it purports to be, will be contaminated, or will be otherwise substandard."

    These filings came in response to a BuzzFeed News article published Wednesday, Nov. 28, based on documents identifying one of two manufacturers for Texas' lethal injection drugs: Houston's Greenpark Compounding Pharmacy, on probation for compounding the wrong drug for several children and forging quality control documents. It's also been cited by the U.S. Food and Drug Administration for potential sterility violations.

    Texas is currently defending a 2014 lawsuit that challenges the state's refusal to identify its drug suppliers so as to avoid botched executions. BuzzFeed reported that, after receiving lethal injection, Texas inmates Anthony Shore, Juan Castillo, Troy Clark, Christopher Young, and Danny Bible all made declarations of pain and a "burning" feeling before dying.

    Now Alvin Braziel Jr. is staring down a death date of Dec. 11, for the 1993 robbery-murder of Douglas White on a East*field College trail in Mesquite; White's wife Lora was brutally raped by his killer. Eight years later, after DNA linked Braziel – then serving time for another sex crime – to the rape, he was found guilty of capital murder. During the trial, Braziel maintained he did not kill White.

    SCOTUS denied Braziel's last round of appeals in 2016. Attorneys Jeff Newberry and David Dow were later appointed substitute counsel, and on Dec. 3 filed a stay request and appeals at the Texas Court of Criminal Appeals. At press time, the filings had not been made available, nor had Dow or Newberry returned the Chronicle's requests for comment. But according to documents shared by the Attorney General's Office, Braziel's argument is based in an Atkins claim, which ruled executing the intellectually disabled is cruel and unusual punishment that violates the Eighth Amendment. The state's response claims that relief for that request has already been denied by the CCA. If executed, Braziel will be the 558th Texan to be killed by the state since the death penalty was reinstated in 1976.

    https://www.austinchronicle.com/news...atch-lucky-13/
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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    Texas to execute Alvin Braziel on Tuesday, making him the second inmate to die in a week

    Texas is scheduled to put Braziel to death on Tuesday, 25 years after he killed a man and raped his wife in Mesquite

    Lora and Douglas White were married for 10 days when the couple decided on Sept. 21, 1993 to take a walk around Eastfield College in Mesquite. It was the last thing the newlyweds would do together. The night tragically ended in a murder and rape that eventually landed Alvin Avon Braziel Jr. on death row.

    Texas is scheduled to execute 43-year-old Braziel on Tuesday night, 25 years after he attempted to rob the young couple during their campus stroll. Instead, Braziel fatally shot 27-year-old Douglas and raped 23-year-old Lora at gunpoint in nearby bushes. Braziel, who was 18 at the time, eventually escaped into the night. The crime was unsolved until 2001.

    By that time, Braziel was serving a five-year sentence for a 1996 conviction of sexual assault against a 15-year-old. In February 2001, blood samples from Braziel were tested against samples taken from Lora’s rape kit from the night her husband was killed. The two samples were a match, and Lora also identified Braziel in a photo lineup.

    Braziel was convicted of capital murder and sentenced to death on July 26, 2001 in a Dallas district court. The Texas Court of Criminal Appeals affirmed the lower court’s decision in October 2003 and again upheld the decision in 2009, when it denied Braziel’s application for a writ of habeas corpus.

    With a week before the scheduled execution, Braziel’s attorneys filed for the state's highest criminal court to reconsider the original writ on Dec. 3, but then withdrew the suggestion the following day, according to General Counsel Sian Schilhab.

    Braziel's lawyers declined to comment on the case, though they have challenged the district court’s decision in several filings throughout the years, arguing that Braziel’s original trial attorney compromised a fair sentencing by failing to present mitigating evidence of Braziel’s head injuries, exposure to drugs and alcohol in utero, a family history of mental illness and physical abuse, homelessness and struggles in school.

    The Texas Board of Pardons and Paroles unanimously decided Friday not to recommend a 120-day reprieve and commutation for Braziel. As of Monday evening, Braziel’s attorneys had not filed for a stay of execution.

    Braziel is scheduled to be the 13th and final inmate put to death by Texas in 2018 — on the heels of Joseph Garcia’s execution last Tuesday — and the nation’s 24th. There are currently six executions scheduled for 2019 in Texas.

    https://www.texastribune.org/2018/12...Alvin-Braziel/

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