Notice to new members intending to register - from January 9th 2012

mammastalkin · #1 05-23-2012, 12:29 PM

After reviewing new evidence via testimony and briefs, Wisser recommended that the Court of Criminal Appeals dismiss Henderson’s conviction and return her case to Travis County, where she may face “any indictment or charges” that prosecutors choose to pursue in the death of 3-month-old Brandon Baugh.

Read more here. This is great news for Cathy and her supporters. Hopefully the TCCA will agree with Judge Wisser.

**lisainengland** · #2 05-23-2012, 03:38 PM

Great news, I pray the TCCA will agree with the judge !!

CvD · #3 05-24-2012, 10:06 AM

Quote:

Originally Posted by lisainengland

Great news, I pray the TCCA will agree with the judge !!

Me too!

Magnificent news, I also pray for this poor woman will finally get justice and be released soon!

karina51 · #4 05-25-2012, 06:40 AM

I agree that it is good news about over-turning her sentence allowing to be retired, but we have to remember that a 3 month old baby died. I don't see her being released just yet, but at least she would not be on death row. To give Cathy her due, she has never said that she was not in some way responsible for the baby's death, just that she did not deliberately kill him.

I am against Capital Punishment and I would prefer it were gone completely from this world, but she has to accept some punishment. Maybe the courts will think she has paid her due and she will be released, but it will be up to the courts to decide.

I also admit that when it comes to the murders of babies I have a strong sympathy for the parents of a murdered child, but that does not stop me wanting the courts to ensure that guilt is laid at the proper door.

Karina

mammastalkin · #5 05-25-2012, 07:00 AM

She has served 17 years on death row. That seems to fit the crime that she actually commited. It's hard to say how the court will decide it or when.

The Hug Thief · #6 05-25-2012, 07:19 AM

The Cathy Henderson case has been one that I've always found hard to decide on. On the one hand, I lean toward anti-DP, and I especially don't think anyone deserves to face the needle on a crime where the evidence is so uncertain. On the other hand, I think she should still get something. However, I think her time so far has been more than enough, and I hope that she will be free soon.

CvD · #7 05-25-2012, 01:05 PM

She’s been on death row for almost 20 years and has already faced the needle once for — it now seems likely — a crime she didn’t even commit. How much more severe would one get for freaking out?
If Dr. Bayardo can´t testify that the death was the result of a deliberate act, then the case for murder evaporates.
Burying the body and running was a crime, but was not murder. There is no longer any proof that the death was anything but accidental. Therefore there should be no liability for any deliberate homicide.

The Hug Thief · #8 05-25-2012, 08:49 PM

Quote:

Originally Posted by CvD

She’s been on death row for almost 20 years and has already faced the needle once for — it now seems likely — a crime she didn’t even commit. How much more severe would one get for freaking out?
If Dr. Bayardo can´t testify that the death was the result of a deliberate act, then the case for murder evaporates.
Burying the body and running was a crime, but was not murder. There is no longer any proof that the death was anything but accidental. Therefore there should be no liability for any deliberate homicide.

Like I said - I don't think she should get the needle. But she buried his body and ran, and she very likely caused his death although it was not murder. Manslaughter would have been fine by me, and she would probably get released on time served for that even if they did pull a conviction. Everyone involved should have had the chance to put this to bed and move on years ago, and from what I know, there's a whole lot of residual anger on both sides of the fence.

CvD · #9 06-13-2012, 04:16 AM

Hug Thief, I agree absoluteley with you.

Does anyone know when the court decission can be expected?
Each day more is a lost day more in her life...

mammastalkin · #10 12-05-2012, 11:45 AM

A new trial is ordered by the TCCA! Such good news.

At the close of the hearing Wisser recommended that Henderson be granted a new trial.
Now the CCA has agreed, deferring to Wisser's determination that the new scientific evidence was exculpatory in nature. "Although we need not accept the trial court's conclusions concerning actual innocence, we accept the court's recommendation to grant relieve and remand for a new trial," the court wrote. The article is here.

CvD · #11 12-07-2012, 05:28 PM

This is really wonderful news!

Dr. Bayardo can´t testify that the death was the result of a deliberate act so the case for murder evaporates. This means, this poor woman will finally get released. Who is giving back to her what she suffered for nothing on DR??? For the unspeakable fear in 2007 when an execution date was set for her??? For being forced to watch her friends Karla Faye Tucker and Frances Newton die??? I hope she will get at least a huge b. of money for this!

What a relief the result of this new trial must be for the childs parents as well! Finally knowing the truth and, even more important, not to carry the burden of an innocent Lady murdered in their name

This is, all in all, indeed a great x-mas gift for all involved!

DaveMoff · #12 12-10-2012, 12:55 PM

A link to a recent news story on Cathy Henderson's case: http://deathpenaltynews.blogspot.fr/...athy-lynn.html

Cathy Henderson's death sentence was overturned some time ago and she has been in limbo while the CCA waited to make up its mind. It's so good to see her getting a new trial in which, hopefully, ALL of the evidence will be presented. I do not regard her as an angel, but neither do I believe her to be a murderer deserving of execution.

I believe that more women have now been released from Texas Death Row (at least in terms of sentence commutation) than have been executed. Let us hope this is the beginning of a trend. There are, after all, many others--both men and women--who are on Death Row over cases that are questionable in the extreme. It is long past time they were re-examined.

CvD · #13 12-10-2012, 04:44 PM

DaveMoff, I mean innocent about first degree murder, ofcourse. She may not have been an angel - who is it anyway? - but not even in TX anyone is getting the DP for an accidential death.

BTW, I found a very disturbing statement from the victims father who is "dismayed" at the development, as he told KVUE. "It is extremely difficult," the boys father told the station. "We came within two days of having this over with and having her executed and getting on with our lives. Now we are back in a courtroom and hearing what is basically a bunch of junk science that is basically going on over the death of my son." ... (???!!!)

It's "junk science" now that better research has led even the initial "expert" to recant, but it was great science when it led to her conviction? It is junk science that may be used to cause the retrial? If it is junk science that would get her off death row, than what would one call the science that put her there? Really bad science or junkier science?
"We were within two days of having this settled"? It's true, people will accept "closure" even if it leads to the execution of a person innocent of the crime of homicide. Even bloody hands from the blood of an innocent person are accepted for personal "closure"? Frightful, profoundly depressing and sad!

DaveMoff · #14 12-10-2012, 06:27 PM

Yes, I understand what you mean perfectly, CvD. If indeed this was an accidental death, the most serious charge that could be brought would be involuntary manslaughter, and Cathy Henderson has served more time in prison than she would have if she had been convicted of convicted of that. And she has spent most of that time on Death Row, which certainly not the same as "being in prison", tough as that is.

I understand the Baugh family's frustration over the death of their son. They have every right to grieve in their own way and yes, to be angry with Cathy Henderson. But there is a point where simple grief crosses a line into becoming a professional victim, and I believe they are crossing that line. Unfortunately, in the current American cultural climate, this is not only regarded as appropriate, but often grants a quasi-celebrity status and in some cases a lucrative income (see Nicole Brown Simpson's family for an extreme example).

The whole situation is deeply sad all around, no question of that. But it will be made no less sad by the death of Cathy Henderson. I suspect even the Baugh family would realize that if it happened, which thankfully now seems unlikely. As it is they will perhaps carry on handicapped by bottled-up anger which they have decided can only be freed in one way. I feel for them.

CvD · #15 12-11-2012, 11:27 AM

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Originally Posted by DaveMoff

Quote:

Yes, I understand what you mean perfectly, CvD. If indeed this was an accidental death, the most serious charge that could be brought would be involuntary manslaughter, and Cathy Henderson has served more time in prison than she would have if she had been convicted of convicted of that.

Will she receive an adequate compensation for her life in limbo (even when no money ever can reimburse lost lifetime). What do you think about it?

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And she has spent most of that time on Death Row, which certainly not the same as "being in prison", tough as that is.

IMO it must be hell pure!

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I understand the Baugh family's frustration over the death of their son.

Me too.

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They have every right to grieve in their own way and yes, to be angry with Cathy Henderson.

Yes, I agree.

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But there is a point where simple grief crosses a line into becoming a professional victim, and I believe they are crossing that line.

You took the words right out of my mouth - on a much higher english level I would ever be able to but the content is equal.

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Unfortunately, in the current American cultural climate, this is not only regarded as appropriate, but often grants a quasi-celebrity status and in some cases a lucrative income

This is disgusting as the victims are abused for financial reasons and attention-seeking... Everyone seems to have his own special reason.

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The whole situation is deeply sad all around, no question of that. But it will be made no less sad by the death of Cathy Henderson.

Of course not.

Quote:

I suspect even the Baugh family would realize that if it happened, which thankfully now seems unlikely. As it is they will perhaps carry on handicapped by bottled-up anger which they have decided can only be freed in one way.

I am deeply sorry for them and the results to themselfes of their decision.

Quote:

I feel for them.

I also feel for them, not in the above ways I wrote about. I wish for them to find genuine closure. Generally this never can be found by bloody events or in the outside, but only in oneself. The magic words that leds to it is: FORGIVENESS! Forgiveness to the perpetrator and forgiveness to oneself! - And for reaching this point one day I will light a candle for the Baugh family now

Thank you, DaveMoff, for your wise words.