Case reviews are a hard sell in Texas

AUSTIN – The review of questionable criminal convictions has hardly been a legislative priority in tough-on-crime Texas, and supporters say they don't expect that to change this session.

"We probably have just as much of a chance as a snowball making it through hell," said Rep. Senfronia Thompson, D-Houston, one of two lawmakers who have tried to establish an "innocence commission" to review cases in Texas. Several other states have started the commissions after a pattern of mistaken convictions.

"Most people aren't interested in the innocence of people, just the guilt. It's going to take a major embarrassment before Texas resolves these issues," she said.

Ms. Thompson and state Sen. Rodney Ellis, D-Houston, filed mirror bills in the House and Senate during the 2005 Legislature. Those bills never made it to the floor. They say they'll try again this session.

Opponents of creating an innocence commission say it's not about hubris or about upholding a Texas tradition of locking people up and throwing away the key.

The question, they say, is whether it's appropriate for cases to be re-investigated outside the justice system, where victims' voices were heard and guilt was determined. They also prefer that the state not have to pay for re-investigating cases.

"In the case of innocence commissions, there are two hurdles," said Shannon Edmonds, a former prosecutor and director of governmental relations with the Texas District and County Attorneys Association. "One, convincing people that it's going to make a difference and not just be used to abolish the death penalty. And two, who's going to pay for it?"

Advocates for the commissions say the opposition is far simpler: Lawmakers fear being accused of going soft on crime come re-election time. Regarding cost, they say you can't put a price tag on freedom for someone trapped in a cycle of wrongful convictions.

"I'm for the death penalty; I just want to make sure we execute the right ones," said Mr. Ellis, a repeat filer of innocence commission bills. "It's always tough in Texas. Dallas is one of the worst spots – but it's only one of the worst spots that we know of."

Mr. Ellis said over the last few years, North Carolina, Wisconsin, California and Pennsylvania have joined the ranks of states that created bodies to investigate and prevent wrongful convictions.

In Texas, a state where reports of wrongful convictions have become increasingly common – especially with improvements in DNA testing – Gov. Rick Perry chose instead to create a Criminal Justice Advisory Council. The board was designed to make recommendations on the wrongful-conviction problem.

The Legislature also approved spending a combined $800,000 to create four innocence clinics at Texas law schools. The clinics are to be funded primarily by private grants and contributions.

"Lord knows every other day we read about some pretty monumental mistakes having been made with sentencing and convictions," said Sen. John Whitmire, D-Houston, chair of the Senate Criminal Justice Committee. "I think it's probably a right issue to examine if it can be done responsibly."

E-mail eramshaw@dallasnews.com .