Chapter Eight: Did He Execute Anyone Who Was Innocent? 

It is almost impossible to determine with certainty if Gov. Bush executed an innocent inmate during his tenure.  After executions, evidence from capital cases is generally destroyed.  Nevertheless, several cases suggest the high probability that George W. Bush, as Governor of Texas, committed the ultimate error in applying the ultimate punishment.

Frank Basil McFarland was executed for a rape/murder despite multiple inconsistencies in the state’s case, altered evidence, purchased and coerced testimony, and suppressed evidence of guilt.  He was denied DNA testing which could have ascertained his guilt or innocence.

Troy Farris was convicted of the murder of a police officer.  The only evidence against him was a set of conflicting stories offered by suspects in the murder, individuals with criminal charges against them, and personal enemies of Mr. Farris.  Evidence from the crime scene, in the care of the police, was lost.  Five of eighteen members of the Texas Board of Pardons and Paroles voted to commute his sentence, but Gov. Bush chose to deny clemency.

Jerry Lee Hogue was convicted of an arson/murder, although another individual present at the scene could have committed it.  Several years later the other individual was convicted of burning down his own house in an act of arson similar to the one for which Mr. Hogue was to die.  A disinterested woman also swore in an affidavit that the second individual had bragged about committing the murder.  Nevertheless Mr. Hogue, after being denied DNA testing or any other investigation, was executed by Gov. Bush.

David Stoker was convicted of capital murder largely based on the testimony of three witnesses: a cohort whom prosecutors later described as a “low-life scum drug dealer,” a drug addicted woman who received a $1,000 reward for her testimony, and her husband who later recanted his testimony.  The cohort had drug charges against him dropped in exchange for his testimony.  Doubts aside, Gov. Bush executed Mr. Stoker.

Richard Wayne Jones, with an IQ of 75, was convicted of a murder despite strong evidence that his sister’s boyfriend had committed it, and then manipulated Mr. Jones into disposing of the body.  DNA testing which would have ascertained exactly who committed the murder was denied by Gov. Bush, who denied Mr. Jones clemency.

Willie Williams and Joseph Nichols both shot at their murder victim, but only one hit him.  In order to execute both, Texas argued that each had killed the man; in one trial, the state argued that Mr. Williams had shot the victim and Mr. Nichols had missed, and in the next trial, the state argued that Mr. Nichols had shot the victim and Mr. Williams had missed.  Both were convicted of capital murder.  Mr. Williams was executed by Gov. Bush; Mr. Nichols is still on death row.

James Lee Beathard was convicted of capital murder based on the testimony of the admitted murderer, Gene Hathorn.  In order to secure capital convictions of Mr. Beathard and Mr. Hathorn Texas presented two mutually exclusive crime scenarios for the two separate trials.  Mr. Hathorn later recanted his testimony against Mr. Beathard.  There was no evidence against Mr. Beathard other than Mr. Hathorn’s testimony and Mr. Beathard’s own self-contradictions.  Still, Gov. Bush executed Mr. Beathard.

Gary Graham was convicted of capital murder on the basis of one eyewitness’s testimony.  Two eyewitnesses who said he did not commit the crime were never called to testify.  Ballistics established that Mr. Graham’s gun was not the murder weapon.  Other witnesses offered an alibi for Mr. Graham.  Despite significant evidence of innocence, Mr. Graham was executed by Gov. Bush.

David Wayne Spence was convicted of capital murder although no physical evidence linked him to the crime and almost every witness against him admitted that his or her testimony had been purchased or coerced.  Strong evidence suggested that another man had committed the triple murder.  Nevertheless, Gov. Bush executed Mr. Spence.