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Law

Texas board recommends reprieve for woman on death row


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Frances Newton
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Texas
Capital Punishment
Judiciary (system of justice)

HUNTSVILLE, Texas (AP) -- The Texas parole board Tuesday recommended delaying the state's first execution of an African American woman to give her lawyers more time to investigate her claims of innocence.

Gov. Rick Perry can agree with the board's 5-1 vote or allow the execution to go ahead as scheduled Wednesday. There was no immediate comment from the governor's office.

"I'm cautious until the governor endorses the recommendation," said David Dow, one of Newton's lawyers, noting that Perry rejected a clemency recommendation earlier this year for a mentally ill inmate.

Frances Newton, 39, was convicted in the 1987 shooting deaths of her husband and two children, ages 20 months and 7. Prosecutors said Newton killed her family to collect $100,000 in insurance benefits.

The parole board recommended delaying her execution for four months so her attorneys can conduct new ballistics tests on the pistol prosecutors said was the murder weapon and chemical analysis on the clothing she was wearing.

On Monday, Texas' highest criminal court refused to delay the execution. She has also taken her case to a federal appeals court in New Orleans.

Prosecutors have opposed the requests, saying Newton's claims were resolved at her trial and are nothing new.

Ten women have been executed in the United States since the Supreme Court reinstated the death penalty in 1976, two of them in Texas. Newton would be the fourth woman executed in Texas since the Civil War.

Newton's punishment was shaping up as a relatively low-key affair, unlike in 1998, when hundreds of demonstrators and reporters flocked to the prison as Karla Faye Tucker was executed for hacking a man to death with a 3-foot pickax.

Two years later, 62-year-old Betty Lou Beets went to her death for killing her fifth husband.

About 50 women are on death row in the United States.



Copyright 2004 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.

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