Is it right to sentence a person to death for a murder that not only did he not commit, but he didn't even know had happened?
1200 WOAI news reports that is the latest debate surrounding the most controversial part of the Texas Death Penalty Statute, the so called 'law of parties,' which holds somebody who just 'participated' in a crime, even in a most tangential way, just as guilty as the person who pulled the trigger.
The latest argument in the debate over the Law of Parties concerns a Kerrville man, Jeff Wood, who is on death row for the murder of a store clerk back in the 1990s.
Wood's sister told a Legislative hearing that her brother didn't even know that a murder was going to be committed, let alone did he not participate in it.
"He never conspired to commit murder, he didn't even know that a murder would be committed," Terri Bean said. "So how is it right to pushing him for another man's crimes?"
At one point, Wood was six days away from execution before it was ordered halted by a judge.
Evidence presented at trial indicated that Wood, Daniel Reneau and Kris Keeran had discussed robbing the convenience store in Kerrville where Keeran worked, but Reneau was 'far more enthusiastic' about the crime than either Reneau or Keeran.
The next day, Wood and Reneau drove to the convenience store, and while Wood waited outside in the pickup, Reneau shot and killed Keeran, partly due to Keeran's unwillingness to go through with the crime.
The jury knew that Wood didn't kill Keeran, didn't plan to kill him, and didn't know that, as he sat outside in the pickup, that Reneau was inside committing murder.
But he was sentenced to death under the 'law of parties,' because he had participated in the discussion of the crime the day before, a crime which was supposed to be a simple burglary.
Reneau was executed in 2008. Wood remains on Death Row.
Several bills in the Legislature are aimed at abolishing the 'law of parties' in capital cases, although it could still be used in lesser cases like drug dealing and robbery.
"For twenty years by brother has been on Death Row for something he didn't do," Bean said. "It is time for the state of Texas to make a change to this poorly poorly written law."