Attorney fights to keep Penry death row case

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The attorney who has represented Texas death row inmate Johnny Paul Penry
for more than 20 years asked the U.S. Supreme Court Monday to overrule a
state judge and allow him to stick with the case.

John Wright of Huntsville and attorneys with a New York law firm that have
assisted him with the case over the years argued in their petition that
they could provide better representation than Penry's current
court-appointed attorney because they are more familiar with the case and
with Penry, who they contend is mentally retarded.

The lawyers have asked the Supreme Court to decide whether a capital
murder defendant has the right to pick his own appellate attorney. Penry
wants them to represent him but a Polk County judge appointed a new
attorney to the case.

Penry, 46, is on death row for the 1979 rape and murder of Pamela Moseley
Carpenter, 22, of Livingston. Wright has represented Penry both at trial
and on appeal since Penry's first trial in 1980. The New York law firm of
Paul, Weiss, Rifkind, Wharton & Garrison, joined the case in 1989 after
the U.S. Supreme Court overturned Penry's conviction and death sentence
because the Texas court did not consider the evidence of mental
retardation.

Penry was tried again in 1990, convicted and re-sentenced to death. The
Supreme Court overturned that death sentence two years ago because the
Texas court went to trial before the Texas Legislature could change state
law and create an avenue for evidence of mental retardation to be
considered.

A third sentencing hearing was held for Penry last year and once again he
was sentenced to death.

Because he is indigent, Penry is entitled to a court-appointed defense
lawyer. When Wright asked to be re-appointed to represent Penry on appeal,
state District Judge Elizabeth Coker of Polk County said no even though
Wright said he would work for free. Coker instead appointed Stephen Taylor
of Humble. Coker said a new attorney could review the quality of Wright's
trial defense.

In their petition, Wright and attorney Julia Tarver of New York argued
that Taylor should not represent Penry because he is friends with the
prosecutor on the case. Also, Penry has repeatedly asked Taylor to
withdraw from the case, they said.

Polk County First Assistant District Attorney Lee Hon acknowledged Taylor
is a friend but said that won't affect Taylor's ability to defend Penry.

"I was appalled that they would use that type of description of Mr.
Taylor, who I think is one of the most straight and ethical type of
attorneys who I have dealings with," Hon said.

University of Houston law professor David Dow called it "an astonishing
case."

Dow dismissed the argument that Penry's defense might be limited by
Wright's inability to raise trial competency on appeal. The fact that the
defense team twice convinced the U.S. Supreme Court to hear Penry's case
and rule in his favor is a testament to Wright's competency, Dow said.

"I think the only plausible explanation for what the state of Texas is
doing is it's trying to get rid of somebody who has repeatedly prevailed
over them," Dow said.

Taylor said he has tried to work with Wright and Tarver, but they have not
responded to him.

"It is hard to work sometimes with the person who is sticking you in the
eye with a sharp stick," Taylor said.

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Source : Houston Chronicle