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May 13, 2005, 10:33PM

Death penalty study offers tips to Texas

Legislation that would've included suggestions fails

By ROMA KHANNA
Copyright 2005 Houston Chronicle

To minimize the risk of innocent people being sentenced to death, Texas should work to establish public defender's offices, independent crime labs and other safeguards, an organization that represents death row inmates recommends.

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In a study released Thursday, the Texas Defender Service studied the recommendations of an Illinois commission appointed to study its death penalty after a moratorium in 2000 and compared them with the Texas justice system.

"Texas failed to comply with 80 percent of the best practices identified in Illinois," said Andrea Keilen, deputy director of the Defender Service and one of the study's authors.

The study recommends that Texas' new Criminal Justice Advisory Council, created by Gov. Rick Perry in March, look to the findings of the Illinois group as it examines Texas issues.

"The creation of this group is a recognition by the governor that there are flaws in the system, and hopefully they are going to consider these kinds of reform," Keilen said.

The Illinois commission examined all aspects of its criminal justice systems from police procedures to issues of clemency.

Among the issues the Texas study advises Perry's panel to examine are:

• Establishing uniform investigating procedures for police and prosecutors, particularly for lineup and photo spread identifications.
• Creating crime labs independent of law enforcement agencies.
• Narrowing the pool of people eligible for the death penalty.
• Funding more training for trial judges who preside over capital cases.
State Sen. Rodney Ellis, D-Houston, unsuccessfully proposed several pieces of legislation that would address such issues in this session, including bills that would require the recording of police interrogations and dictate how police conduct lineups for witnesses.

"Unfortunately, these efforts to improve the quality of criminal justice in Texas gained little support," he said.

"I encourage Gov. Perry and the proposed Criminal Justice Advisory Council to follow the lead of Illinois and use this report as a road map for meaningful criminal justice reform in Texas."

roma.khanna@chron.com




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