Texas prisoner Rick Rhodes faces the execution of his deadly stab wound brother 30 years ago – CBS Dallas / Fort Worth

Houston (CBSDFW.COM/AP) — The prisoner was sentenced to death on September 28 for fatally stabbing his two brothers during a robbery at his home in Texas more than 30 years ago.

Rick Rhodes was accused of killing Charles Allen, 31, and Bradley Allen, 33, in the Houston area in 1991. The brothers were killed less than a day after Rhodes was released on parole after being sentenced to robbery. He will be executed by a lethal injection in a state prison in Huntsville.

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“I hope the Allen family will find peace after waiting for the justice of their loved ones for nearly 30 years. The death penalty should be prepared for the worst, and a Harris County jury said the defendant had billed long ago. Let’s praise the memories of the victims Charles and Bradley Allen. Remember that our focus is on the victims and will continue to do so. ” County district lawyer Kim Ogg said in a statement.

Rhoades lawyers have been prevented from pursuing allegations that a candidate jury may have been dismissed for racist reasons in his trial, violating the constitutional rights of due process. He sought to suspend the execution of the death penalty from the US Supreme Court.

In July, a Rhoades lawyer ordered a prosecutor to release information related to allegations that some juries were dismissed on the basis of racism, a state judge in Houston. Filed a federal proceeding against Ana Martinez. Martinez has determined that she lacks the jurisdiction to review the request. The proceedings were dismissed by a federal judge in Houston earlier this month, who also refused to continue execution. The 5th US Court of Appeals for the Circuit on Monday upheld the dismissal of the proceedings and refused to continue executions. The 2019 Court of Appeals had previously denied a similar allegation by Rhoades lawyers to allegations that two black juries had been dismissed due to racial prejudice. Rhoades are white.

Rhoades’ lawyer had previously claimed unsuccessful in other appeals. His constitutional depiction of Rhoades in normal happy life, when childhood photographs designed to show that he was non-violent and successful in prison were excluded during the punishment phase of his trial. Right was infringed. State investigators gave false testimony in his trial of whether Rhodes could be laid off unaccompanied if he was sentenced to life imprisonment. And that “evolving standard of dignity” prohibits executions as a punishment for murder.

“A 2020 Gallup poll on the American attitude towards the death penalty shows that public support for the death penalty is the lowest in half a century and the highest opposition since 1996,” said David Dow and Jeffrey Newberry. Wrote in a motion in court. last month.

Rhodes, 57, had a long criminal record in Florida, Iowa, and Texas, including convictions for robbery and car theft, when he broke into Charles Allen’s home in Pasadena, a suburb of Houston.

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The house near where the brother’s parents lived was just built for Charles Allen, and he invited his brother to temporarily live with him. The two brothers recently experienced separate divorces.

Playing the piano and dreaming of a musical career, Charles Allen worked as a chemical operator at a local refinery. Bradley Allen worked as a freelance artist.

At the trial, the prosecutor told the jury that the brothers were asleep when Rhodes broke into his home early in the morning and attacked Charles Allen in bed. Bradley Allen was killed when he came to his brother’s defense.

He was arrested in this case about a month later when it was discovered that Rhodes had been robbed of an elementary school. During detention, Rhodes confessed that he had killed his brother. But he claimed that it was done in self-defense after talking with Charles Allen when Rhodes took a walk at 2:30 am.

“I was tired of running. I wanted to tell you what happened,” Rhodes said in a confession.

If Rhoades is executed, he will be sentenced to the third death penalty in Texas this year and the sixth death penalty in the United States.

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(© Copyright 2021 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

Texas prisoner Rick Rhodes faces the execution of his deadly stab wound brother 30 years ago – CBS Dallas / Fort Worth

Source link Texas prisoner Rick Rhodes faces the execution of his deadly stab wound brother 30 years ago – CBS Dallas / Fort Worth

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