Texas parole commission declines mercy for Ramiro Gonzales, scheduled for execution on Wednesday, despite an expert witness retracting initial testimony.
Gonzales, aged 41, sought mercy from the Board of Pardons and Paroles, hoping GOP Governor Greg Abbott would lessen his sentence for the 2001 murder and rape of 18-year-old Bridget Townsend. With reference to his distressing upbringing and his religious transformation, Gonzales' lawyers pleaded for leniency in sparing his life, as per the petition.
However, the board unanimously rejected the request for a sentence commutation or a 180-day reprieve, leading to his lawyers expressing profound sadness and discontent. They stated, "If Ramiro is executed on Wednesday, the world grows darker without him."
With the board's recommendation denied, Abbott is bound by state law to only grant a one-time 30-day reprieve. Gonzales' last hope lies with the courts: On Monday, he petitioned the US Supreme Court for a stay of execution soon after the Texas Court of Criminal Appeals dismissed an appeal that argued his trial jury's determination of future dangerousness - a requirement for a capital sentence in Texas - was based on false information from an expert witness. His lawyers contended that executing him would infringe upon his constitutional rights under the Eighth and Fourteenth Amendments, as he has since shown signs of rehabilitation and even attempted to donate a kidney.
Additionally, they argued that Texas violated his Constitutional rights by requiring a "future dangerousness" finding for a capital sentence without allowing for post-conviction review. Gonzales and his lawyers presented comparable arguments in their appeals before the US Supreme Court, asking for the court to review the Texas appeals court decision and intervene.
The planned execution of Gonzales, previously scheduled for July 2022 but currently stayed, is one of two scheduled this week in the U.S. Oklahoma intends to execute Richard Rojem on Thursday, convicted of the 1984 kidnapping, rape, and murder of his 7-year-old stepdaughter, Layla Cummings, according to court records. Last week, the Oklahoma Pardon and Parole board declined to recommend clemency for Rojem, who maintains his innocence, as reported by CNN affiliate KOCO.
If both Gonzales and Rojem are executed, they would be the eighth and ninth executions in the nation this year, according to the Death Penalty Information Center, a non-profit that monitors and analyzes information about capital punishment and criticizes its administration. By this time last year, 13 inmates had been executed in the U.S., the center's data shows.
In the Texas case, the Medina County Criminal District Attorney's Office did not respond to a request for comment, and CNN was unable to reach members of Townsend's family for comment.
The murder of Bridget Townsend
On a Jan. 2001 day, Gonzales called Townsend's drug supplier, who happened to be her boyfriend. Upon answering, Townsend informed Gonzales of her boyfriend's absence at work. Gonzales then went to her home, stole money, bound and abducted Townsend, and subsequently drove her to a location near his family's ranch, where he raped and killed her.
In October 2002, during his incarceration for another rape, Gonzales confessed to Townsend's murder and led authorities to her remains, according to court records.
Gonzales was only 18 when he committed the murder, his clemency petition claimed, attributing it to his drug addiction which was exacerbated by the trauma and neglect he experienced during his childhood.
Gonzales' mother abused drugs and alcohol during pregnancy, abandoning him with his grandparents at birth. His mother had two other children, acknowledging them but neglecting him, the petition alleged. Moreover, Gonzales was sexually abused starting at the age of 6. His drug use commenced in his teenage years, becoming worse following the death of his beloved aunt, causing him unbearable grief, the petition stated.
"In the years that followed, Ramiro's life spiraled out of control," it said.
Inmate no longer poses a threat, appeal says
During his time on death row, Gonzales has transformed into a living embodiment of rehabilitation and human potential for growth and transformation, his lawyers contended in his recent appeal to the Texas Court of Criminal Appeals. He has become "deeply religious," has "committed no acts of violent crime," and has striven to make amends for his actions, in part by attempting to donate a kidney.
Lawyers for Gonzales argue that his ongoing personal development and transformation, demonstrated by his dedication to his religious beliefs and service to his fellow inmates on death row, exhibit a significant change in him. This change, they argue, nullifies the assertion made by his original jury during trial that he poses a threat to society, a prerequisite for imposing a death sentence.
Furthermore, Gonzales' legal team contends that the evidence employed by the jury to establish his potential for future danger consists of misleading and flawed information. During the sentencing phase of his trial, an expert witness testified for the state, stating that Gonzales exhibited signs of antisocial personality disorder and that statistical data indicated sex offenders tend to continue committing crimes, citing recidivism rates. However, subsequent evaluations have uncovered the inaccuracy of this data, and the expert has retracted his testimony, including the diagnosis. The expert informed The Marshall Project that he had never previously altered his opinion in a capital case until this point, considering it as "the exception, not the rule."
Upon the Court of Criminal Appeals temporarily halting Gonzales' execution, the case was returned to the trial court to examine the expert's testimony and assess its impact on the jury's decision. The lower court recommended against providing relief, stating that a hearing was not necessary. The appeals court eventually denied the petition for relief in June 2023.
CNN's John Fritze played a part in compiling this report.
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Despite the expert witness retracting their initial testimony, the Texas parole commission stands firm in their decision to deny mercy for Us (Gonzales), scheduled for execution on Wednesday.
In their last hope to spare Us from execution, Gonzales' lawyers have petitioned the US Supreme Court for a stay, arguing that executing Us would infringe upon His constitutional rights under the Eighth and Fourteenth Amendments.
