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Prosecutors Press for Executions Despite Questions of Innocence

Oct 15 2015
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The ghost of Glenn Ford will forever haunt former Louisiana prosecutor Marty Stroud. Failing to learn from Stroud’s sad example, prosecutors in Bowie County, Texas, relentlessly press to execute a potentially innocent man, despite evidence that his conviction is tainted by allegations of prosecutorial misconduct and false testimony.

Don’t know who Marty Stroud is? He’s a former prosecutor in Caddo Parish, Louisiana. He sent an innocent man to Louisiana’s death row.

30 Years on Death Row in Angola Prison for a Crime he Didn’t Commit

Glenn Ford was imprisoned on death row in Louisiana’s infamous Angola Prison for thirty years before he was exonerated in 2014. Ford died this past June of lung cancer. His brief period of freedom was consumed with his futile struggle against a voracious, terminal illness.

Stroud was the lead prosecutor in the 1983 murder case against Ford. The prosecutor has admitted that he possessed exculpatory evidence that would have proved Ford’s innocence. He did not disclose it to Ford’s attorneys. By his own admission on 60 Minutes on October 11, 2015, Stroud said he was an arrogant, narcissistic prosecutor who was “caught up in the culture of winning “and that he celebrated Ford’s conviction and death sentence because winning was more important than seeking the truth.

Prosecutor is Servant of the Law

Eighty years ago, the U.S. Supreme Court said a prosecutor “is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor—indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones.”

Julius Murphy and Bowie County, Texas…

Apparently Bowie County District Attorney Jerry D. Rochelle and prosecutors Bobby Lockhart, Alvin A. Smith, and Kristie Wright do not watch 60 Minutes and know very little about Supreme Court history.

Each in their own way is determined to see that Julius Murphy is put to death on November 3, 2015, in the Texas death chamber at Huntsville. Murphy’s case is remarkably similar to the Glenn Ford case.

The Murder of Jason Erie

Murphy was convicted in August 1998 for the capital murder of Jason Erie. There was no physical evidence to connect him to the Erie murder. Trial prosecutors Lockhart, Smith and Wright relied upon two fact witnesses—Javarrow Young and Christina Davis—and Murphy’s own statement taken from him while he was extremely intoxicated on alcohol and drugs to secure the death penalty verdict.

Young did not witness the crime, nor was he present when the murder was actually carried out during a robbery behind a service station. He was with Murphy and Chris Solomon when the group, accompanied by several other associates, pulled into the service station. Murphy and Solomon went behind the station where Erie was murdered. Young said it was Solomon’s idea to rob Erie.

Young testified at Murphy’s trial that he saw Erie lying by his car just as an ambulance passed. He said he and several companions got into his truck and chased the ambulance down. Young the EMS people about Erie’s body lying next to the car. He followed the ambulance back to the crime scene. When the police arrived, Young gave them a false name and told them only that he was “passing through” when he saw Erie’s body.

Upon further investigation, investigators learned that Young knew more about the Erie murder than he was saying. After detectives told him that they heard he had been with Murphy and Solomon before the murder and was nearby when it was carried out, Young broke down and implicated Murphy and Solomon in the Erie murder.

Christina Davis was Murphy’s girlfriend. She was also with the group when Solomon came up with the idea to rob Erie. She said after Murphy and Solomon exited the vehicle, she put her head down and kept it down four or five minutes before she heard a gunshot. She did not see the actual murder. She could only say that Murphy left the vehicle with Solomon intent on “jacking” Erie.

Convicted and Sentenced to Death

Both Murphy and Solomon were convicted of capital murder and sentenced to death. Since Murphy’s conviction, credible evidence has been developed that trial prosecutors threatened both Young and Davis with prosecution (Young for murder and Davis for conspiracy to commit murder) if they did not testify against Murphy and promised them leniency if they did so. The three trial prosecutors did not disclose this obvious Brady/Giglio material to the defense.

Prosecutorial Misconduct and Brady Violations

DA Jerry Rochelle is aware of the allegation of prosecutorial misconduct but nonetheless is pushing to see Murphy executed.

In sworn affidavits, Young said “the prosecutor threatened me with a murder charge and they said they had enough evidence on me if I did not testify for them against Julius.” Similarly, Davis stated in her affidavit that the prosecutor “told me that if I did not testify they would charge me with conspiracy to commit murder.” Davis said it was only after she testified that the prosecutors told her “for the first time that I would not be charged with any crime.”

Young’s affidavit also revealed that he testified falsely against Murphy. He states in his affidavit that he “did not tell the jury the whole truth when he testified at Murphy’s trial. What he left out of the “whole truth” was that Chris Solomon, not Murphy, killed Erie, a critically important fact that he never told the police about. Attorneys now representing Murphy charge that this “bombshell” squares with the fact that earlier this year Young told a third party that “he had made a deal and did whatever he had to do to keep himself out of trouble, including lying during his testimony at Mr. Murphy’s trial.”

Execute them all, Let God Sort Them Out

DA Rochelle should be in court asking that Murphy’s execution be stayed until he can, first, determine whether the trial prosecutors engaged in Brady/Giglio misconduct, and, second, whether Young did in fact testify falsely at Murphy’s trial.

Caddo Parish prosecutor Marty Stroud faced the same dilemma—he had credible evidence that two brothers actually committed the murder for which Glenn Ford was convicted, but he did nothing about it. Glenn Ford paid a terrible price for Stroud’s callous attitude towards Justice. But, Stroud’s soul has also paid its price for his evil decision, as can be seen from his painful demeanor during the 60 Minutes interview.

Contrition

Marty Stroud has not only admitted to his misconduct in the Ford case but has asked the Louisiana State Bar to discipline him for it.

Hubris

In stark contrast, in Bowie County, Rochelle and the three trial attorneys are stonewalling in the Murphy case. They are relentlessly pushing for the potentially innocent man to be executed, perhaps to quieten the serious allegations of prosecutorial misconduct now swirling about the case. Under these circumstances, Murphy’s execution would be a travesty.

Let us be loud and clear: Julius Murphy should not be put to death when the only two witnesses who testified against him against now say, in sworn statements, that they were threatened into testifying against Murphy, one even going as far as saying he deliberately lied.

Texas’ Questionable History of Death Penalty

Texas has a modern history of putting people to death when there has been credible evidence of their innocence.

We don’t know what role Murphy played in the Jason Erie robbery/murder. What we do know is that the prosecution of Murphy was flawed and is now rife with h6 evidence of prosecutorial misconduct—serious enough to question the integrity of his conviction.

At the very least, Julius Murphy should have his execution stayed until he can have an evidentiary hearing on these issues that raise grave concerns about the legitimacy of his conviction and death sentence.

NOTE: The background facts of the Murphy case used in this piece were drawn from an Application for Postconviction Writ of Habeas Corpus prepared by Murphy’s post-conviction attorneys: Sarah Cummings with the law firm of Norton Rose Fulbright, US LLP, Dallas, Texas, and Catherine E. Stetson and Kathryn Marshall Ali with the law firm of Hogan Lovells US LLP, Washington, D.C. This application can be accessed at:

https://drive.google.com/file/d/0B1LFfr8Iqz_7a2tkSW1VSjI4ekE/view?pli=1

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    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★ 4 years ago
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
    Responsiveness, Professionalism, Value …More
  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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