[Music]
welcome back it's 923 they were known as
the Texas seven seven men who escaped to
South Texas prison on New Year's Eve in
2000 now began a 6-week manhunt in which
the men were accused of robbery even
murder of a 29 year old North Texas
police officer
Aubrey Hawkins today one of those men
Joseph Garcia will die by lethal
injection
Paul venema will head to Huntsville this
morning to cover that execution but
before that he is right here with us
this morning to kind of set it all up
for us and talk about it you had a long
drive ahead of you it is it's four hour
drive no matter which way you go how you
do a Houston whatever Paul's talk to us
about the status of Garcia's appeals
give us a quick timeline here well it's
all the way down now to the Supreme
Court he's exhausted about everything
the Texas Court of Criminal Appeals has
denied of any relief so right now where
we are is his case is going to be
reviewed by the court in the Supreme
Court whether they even review it we
don't know but that's where that's where
it's gonna go and they have some options
when it when it gets to the Supreme
Court
so the focal point though of his appeal
has been what's called the law of
parties what does that experien to us
that's that's a rather complicated law
but very simply it says if you were a
part of a criminal transaction then you
in and you didn't fire a shot you are
still guilty by the law of party because
you could you should have anticipated
that this was going to happen and in
this case in all likelihood that's why I
think probably the law parties was the
relief on the law parties and the
constitutionality of that law was not
granted by the Texas courts and probably
will not be looked at by the Supreme
Court because he pulled the trigger you
did not pull the trigger but the law the
law parties it's pretty clear that is if
you you were a part of it of the
transaction and you anticipate it and
you could you might you'd have to assume
they anticipated something bad was gonna
happen because they stole a bunch of
weapons when they broke out of prison
they stole some weapons in during the
heist there in Irving so is a sporting
goods store so how is the law parties
applied to other members of the Texas
seven thus far well there's been three
of them executed so far and that's
another thing to consider in terms of
where these supreme courts go to go on
this they were denied with all three
that were
scooter so far were executed under the
same law and they were denying relief so
we're approaching the 18th anniversary
of their actual prison escape which down
in Kennedy nationwide manhunt of course
followed text back to their capture in
Colorado you actually up there covering
the story for case that they they were
on the run for over a month and they
finally were cornered at a resort of
trailer park really in in Colorado
Springs one of the coldest days of my
life as I recall but it was they were
captured up there one of them took his
own life up there so that had left six
they were all taken back after they were
captured up there to Dallas because of
the murder occurred in the in Dallas
County so they were taken back all were
tried up there in Dallas that's that's
another thing one of the elements of for
which Joe Garcia see he relief he's
alleging bad lawyering during that trial
but all those things have been
exhaustive those are among the appeals
that you need Bob we mentioned you're
headed Huntsville after the interview
some people may be surprised to know of
all the executions you've covered during
your broadcast TV news career you've
never actually witnessed an execution I
have it the way the way that works is
the law dictates that members of the
media from the area in which the crimes
occurred are allowed to witness they're
given the opportunity witness and
members of the television and radio
abroad
I just it's not not a position on the
death penalty anything like that I just
have no desire to watch someone be
killed Nora Devin Clark an oasis
remember both dead they said there were
some psychological issues you know it
yeah I understand I've heard both ways
some people say it's very anti-climatic
others will say it's a life-changing
experience for Devin I recall last month
it was really a thing and the same thing
with ease and I really just purely
personal I have no desire to see that
happen we are almost out of time so real
quick you have a story at five today we
just tell people what that's a really
interesting ye the way Garcia Joseph
Garcia ended up in
was a murder here in San Antonio and
that's what he was serving a 50-year
sentence were that when he escaped from
Kennedy that case was well the
prosecutor in that case joy Garcia who
is now a state district court judge sat
down and visited with me about that case
and about Garcia business some real
insight into Garcia and who he was at
that time particularly from judge joy
contrasts perspective very interesting
tonight at five at five o'clock tonight
safe travels to Huntsville and we look
forward to your reports later on today
I'll be there five six and ten and nine