Execution in Texas points up race factor

Tucson, Arizona  Sunday, 21 September 2003
By Michael Graczyk
THE ASSOCIATED PRESS
http://www.azstarnet.com/star/Sun/30921NTexasExecutions-Race.html

HOUSTON - When convicted killer Larry Allen Hayes voluntarily went to the death chamber earlier this month, it marked the first time in several decades that Texas executed a white person for killing a black person.

Texas has accounted for more than one-third of the 875 executions in the United States since the Supreme Court brought back capital punishment in 1976, but Hayes, put to death for killing two people, one of whom was black, was the only white executed by the state for killing a black during that time. Texas resumed capital punishment in 1982.

Death penalty opponents say it underscores a nationwide problem.

Since the Supreme Court allowed the death penalty to resume, there have been only a dozen cases nationally where a white offender was executed in a case where the victim was black, the NAACP Legal Defense Fund says. That amounts to just over 1 percent of executions.

"It's about four times more likely you'll get the death penalty if you kill a white person," said Richard Dieter, executive director of the Death Penalty Information Center, a Washington-based organization opposed to capital punishment.

Josh Marquis, an Oregon prosecutor and death penalty supporter, disputed that notion.

"I don't believe it is a function of race," Marquis said. "If you really look statistically, people convicted of capital murder who are white are twice as likely to be actually executed than if they're black."

The NAACP says 53 percent of the nation's executions involve white victims and white defendants. Just over 20 percent involved black defendants killing blacks. And blacks executed for killing whites account for about 21 percent of the total. A small percentage involved victims of multiple races.
Texas figures nearly duplicate the national percentages, although less than 10 percent of those executed have been black for crimes against blacks.

The last time Texas killed a white for killing a black may have been in 1854, when James Wilson was executed in Tyler County for the death of another white man's favorite slave, meaning the punishment at the time essentially was for a property crime, said Bill Hayes, a capital punishment historian.