Page 2 of 6 FirstFirst 1234 ... LastLast
Results 11 to 20 of 51

Thread: Michael Dean Gonzales - Texas Death Row

  1. #11
    Senior Member CnCP Legend JLR's Avatar
    Join Date
    Mar 2011
    Posts
    2,740
    Was the DNA inmate Ivan Cantu by any chance? (Cantu's was granted cert by the Supremes anyway based on Martinez and I believe he was remanded to the Fifth Circuit)

  2. #12
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On December 27, 2012, Gonzales filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/tex...v00126/598992/

  3. #13
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    and the article...

    West Texas Man on Death Row Files to Get Out of Death Penalty

    After spending nearly 20 years on death row and being sentenced to death in 1995 and 2009, Michael Dean "Spider" Gonzales is still pursuing to get out of the death penalty.

    Gonzales' attorneys filed for a writ of habeas corpus and motion for stay of execution Thursday in federal court, according to the Odessa American.

    His attorneys claim that Gonzales was not competent at the time of his trail and he may not be guilty of killing Mercedes and Manuel Aguirre due to mental instability.

    Gonzales is accused of stabbing the couple to death in 1994.

    If motion is not granted, he will be executed on March 21, 2013.

    http://www.cbs7kosa.com/news/details.asp?ID=40346
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  4. #14
    Jan
    Guest
    Surprise...
    He is not listed on the TDCJ calendar anymore.

  5. #15
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    ‘Spider’ granted stay of execution

    A convicted and twice sentenced murderer received a stay of execution that will prolong his case even longer than the almost 20 years it’s been in the system.

    Michael Dean “Spider” Gonzales was scheduled to die at the hands of a Texas Department of Criminal Justice executioner after 6 p.m. on March 21, 2013, but the actual date is a little murkier now.

    Federal District Judge Robert Junell granted Gonzales a stay of execution after three attorneys with the Texas Habeas Assistance and Training Project filed a motion to delay his death date until they could formulate proper motions to show his execution is not warranted.

    Gonzales, who was convicted in the 1994 stabbing deaths of Merced and Manuel Aguirre, was originally sentenced to death in 1995. However, that ruling was overturned and sent back to state court, where he was resentenced in 2009, again with the death penalty.

    After often being disruptive and displaying lewd gestures and foul language throughout his resentencing, Gonzales waived his right to state habeas appeal, one of the appeal options after his automatic direct state appeal.

    Fernando Aguirre, one of the sons of Manuel and Merced Aguirre, said that he is no longer holding out hope for a quick resolution and execution in this case.

    “It’s very frustrating because we were told he’d exhausted all of his appeals and they set the date for the execution,” Fernando Aguirre said. “And then they said, nope, guess what, he can file another appeal.”

    Fernando Aguirre said he was present at both the original trial and the resentencing trial, and he believes Gonzales was more than competent both times.

    Instead, Fernando Aguirre said he believes the continuing battle is mostly legalese, and harms the family members more than anything.

    “I’ve made it a point not to put my life on hold for this. It’s not what’s going to define me,” he said. “Otherwise, that bastard wins. He’s not going to win.”

    Fernando Aguirre said he believes it will be at least another few years before the case is finalized, as he said the defense attorneys are just trying to prolong the situation.

    But the attorneys filing court documents on his behalf claim that Gonzales may have been mentally incapable of standing trial, explaining that drugs, alcohol and abuse from his father played a role in deteriorating his psychological state.

    The document filed by the attorneys claims defense attorneys and the trial court did not explore Gonzales’ competence well enough and that his original attorneys “saw Mr. Gonzales as bad, rather than mad.”

    In his order, Junell allowed defense attorneys until May 24 to present an amended federal habeas corpus petition.

    Fernando Aguirre said Gonzales made it up in his mind he was going to kill the elderly couple, despite a good rapport between the Aguirres and Gonzales’ family.

    “Anytime his mom needed help on something, my parents were right there,” Fernando Aguirre said. “My parents were great folks. They were very good, hardworking people. They always helped people who asked for it.”

    http://www.oaoa.com/news/crime_justi...9bb30f31a.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  6. #16
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    ‘Spider’ attorneys request money

    With hundreds of thousands of county and state money already used on his trial, resentencing, and appeals, Michael Dean “Spider” Gonzales is asking for more money.

    Gonzales, who was convicted in 1994 stabbing deaths of elderly neighbors Merced and Manuel Aguirre, is in the middle of a federal appeals process after his execution date was delayed by Federal District Judge Robert Junell in January.

    Attorneys representing Gonzales have asked for almost $13,000 for an expert to review his case and to determine whether he was competent during the 2009 resentencing, according to a July 22 filing in federal court.

    More Information

    Psychologist Mark Cunningham’s billing requirements per federal court documents.

    • Professional services: $300 per hour.
    • Discounted travel charges: $150 per hour.
    • Mileage charges: 48.5 cents per mile.
    • Other charges: Coach airfare, mid-size rental car or taxi charges, parking fees, reasonable meals allowance and standard-grade hotel accommodations.

    The attorneys are requesting payment for Mark Cunningham, a psychologist from the Metroplex, for about 40 hours of estimated work in conducting a “retrospective competency evaluation,” according to the filing.

    Cunningham would be paid for 12 hours of records review, eight hours for an interview with Gonzales, three hours of telephone interviews with prior attorneys and investigators, two hours of telephone interviews with jail staff, four hours of consultations with the attorneys handling the federal appeal, five hours to prepare a report, and six hours for transportation, according to the filing.

    “Based on our demonstration to the court of the need for investigation of the competency question ..., we have shown that the foregoing work by Dr. Cunningham is not only reasonable but necessary to complete the evaluation,” according to the filing.

    Because the district judge can only award $7,500 for the services, according to the filing, the attorneys have requested an additional $5,390 from Chief Judge Carl Stewart of the U.S. Court of Appeals for the Fifth Circuit.

    Despite his first conviction resulting in a death penalty sentence, the case was sent back to district court. A number of cases, including Gonzales’, in which psychologist Walter Quijano testimony was overturned in 2007 because he was found to be racially biased.

    Then, in 2009, Gonzales again was sentenced to death by a jury in a trial during which Gonzales repeatedly cursed at jurors and court officials, along with displaying inappropriate hand gestures.

    Prosecutors alleged that Gonzales brutally stabbed the elderly couple and stole a number of small appliances to sell.

    Gonzales’ federal appeals attorneys, a group with the Texas Habeas Assistance and Training Project, obtained the stay of execution just months before Gonzales was set to die on March 21.

    http://www.oaoa.com/news/crime_justi...a4bcf6878.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #17
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    Spider’ response given until June

    More delays as long federal appeal continues

    Twenty years will have come and gone by the time the Michael Dean “Spider” Gonzales case is resolved, with a recent extension in federal court to allow document responses by June 9.

    Gonzales, who is in the middle of a federal habeas corpus appeal on his 1994 capital murder conviction and subsequent 2009 resentencing to death, is claiming in his appeal that he was not competent to stand trial in 2009; he had ineffective assistance of legal counsel; the trial court violated his due process by not inquiring into his competency; and doubt about his guilt remains due to a number of factors.

    Gonzales was convicted in the April 22, 1994 stabbing deaths of Manuel and Merced Aguirre, and Gonzales said in testimony he was going to rob the couple. Autopsy testimony revealed that Merced Aguirre had at least 80 wounds, many of which were defensive, and Manuel Aguirre had at least five fatal wounds.

    Rick Aguirre, who lives in San Antonio and is one of the slain couple’s sons, said he doesn’t believe the case will see a resolution until several years down the road.

    “I prefer sooner than later, but as long as he’s locked up and it goes forward, as long as we end up where it’s resolved...” Rick Aguirre said. “I’d prefer it to be sooner, but I’ll continue to wait for it to be resolved.”

    Rick Aguirre is still aware of the anniversaries – the 20th anniversary of his parents’ death in less than two weeks and the 20th anniversary of Gonzales’ trial in December.

    He said he keeps up with the case through his family and email updates from the attorney general’s office.

    On the other side, one of Gonzales’ friends said she doesn’t feel the wait is fair for Gonzales either.

    Adonica Nunez, who said she has known Gonzales her whole life and feels like he is family, said they should already know what will happen to Gonzales.

    “I don’t think it’s fair to either party,” Nunez said. “But I don’t believe in the death penalty either. You can’t kill somebody and say that’s justice.”

    Nunez also said she doesn’t believe the allegations against Gonzales are true, but said she hasn’t spoken with him since after his resentencing hearing because they had an argument.

    Members of the Aguirre family have multiple times said they hope to see an execution date set for Gonzales.

    And while the appeal has been going on for almost a year and a half, earning him a stay of execution on his original March 21, 2013, execution date, a law expert said that’s not out of the ordinary.

    Arnold Loewy, a professor at the Texas Tech School of Law, said death penalty cases in general take longer than others, and it’s a good thing to avoid executing innocent people.

    Loewy said there have been a number of cases where a person was on death row for close to 20 years and was eventually found to be factually innocent. Loewy, not knowing the specific facts of Gonzales’ case, said it’s not unusual for this type of appeal to last years.

    “I think we have a sense that most people don’t really want to rush the procedures,” Loewy said.

    Ector County District Attorney Bobby Bland said whenever he takes on a capital murder case, he uses the Gonzales case as an example of how long it can take before the case is resolved.

    “It’s obviously taken way too long. Nobody wanted it to take this long,” Bland said. “I always felt like it never should have been reversed in the first place.”

    Bland said with the death penalty under scrutiny, the outcome can be unpredictable.

    “My hope is that it will proceed forward in a more rapid fashion, but at this point, you never know,” Bland said.

    According to a document explaining the federal habeas corpus appeal created by the Oregon Department of Justice, a person convicted of a crime must raise federal constitutional claims in court to begin the appeal.

    The person can only use evidence that has previously been admitted unless an evidentiary hearing for new evidence is held, according to the document.

    At the end of the case, according to the document, the federal judge has the option to either uphold the conviction and sentence, order a new trial, modify the sentence, or order other relief as necessary.

    Then, either party may appeal the decision made by the judge, according to the document.

    In Gonzales’ case, both his attorneys and the attorneys for the Texas Attorney General have filed requests to extend deadlines for filing their responses to each other.

    While Gonzales’ attorneys have claimed he was not competent to stand trial during his resentencing, lawyers with the attorney general’s office have said that claim is not reviewable by federal courts, and even it if was, they claim Gonzales was competent and the 358th District Court was not required to hold a competency hearing in this case.

    http://www.oaoa.com/news/crime_justi...a4bcf6878.html

  8. #18
    Senior Member CnCP Legend FFM's Avatar
    Join Date
    Jan 2013
    Posts
    1,363
    ARTICLE 11.071 APPLICATION FOR WRIT OF HABEAS CORPUS DISMISSED WITH WRITTEN ORDER:

    http://www.search.txcourts.gov/Searc...d-13da80292bbd

  9. #19
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    Condemned killer 'Spider' loses appeal

    The Texas Court of Criminal Appeals has refused an appeal from a 41-year-old Ector County man sent to death row for the 1994 slayings of his neighbors in Odessa during a burglary of their home.

    The state's highest criminal court said Wednesday Michael Dean “Spider” Gonzales' appeal was improperly filed and rejected it without considering its merits.

    Gonzales was convicted of fatally stabbing 73-year-old Manuel Aguirre and his 65-year-old wife, Merced. Gonzales' death sentence later was thrown out because of improper trial testimony from a prison psychologist. He was returned to death row after a new punishment trial.

    Court documents show Gonzales had asked no more appeals be filed and no attorneys appointed for him, although court files show he now has an active appeal in the federal courts.

    http://www.oaoa.com/news/article_c37...6ccdbe5f8.html

  10. #20
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On August 13, 2018, Gonzales filed an appeal before the US Court of Appeals for the Fifth Circuit.

    https://dockets.justia.com/docket/ci...s/ca5/18-70026

Page 2 of 6 FirstFirst 1234 ... LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •