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CNN Live At Daybreak

Beazley Receives Stay of Execution

Aired August 16, 2001 - 07:02   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BRIAN NELSON, CNN ANCHOR: While his mother was getting ready to go to the prison, where he would be executed, his father was making funeral arrangements, and Napoleon Beazley was getting ready to die for a murder he committed at the age of 17. And then out of the blue, an indefinite stay of execution.

A CNN crew was with the Beazley family, when the stay came down. And our justice department correspondent Kelli Arena looks at the latest developments in this controversial case.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN CORRESPONDENT (voice over): The extraordinary order came less than four hours before Napoleon Beazley was scheduled to die by lethal injection. Prison officials say he showed no emotion, when he first heard the news.

LARRY TODD, TEXAS PRISON SPOKESMAN: We asked him if he was OK, or Chaplain Brazzil asked him if he was OK. He said, "yes, I'm fine, I just have to comprehend this. Give me a second."

ARENA: Beazley's family was overcome.

UNIDENTIFIED FEMALE: Thank you, Jesus. Thank you, Jesus.

ARENA: The Texas court gave no reason for its decision, and the stay remains in force until the court takes further action.

Beazley's lawyer had argued, among other things, that it was cruel and unusual punishment to execute Beazley, because he was under 18 when he committed murder, that the trial court had relied on false testimony, and that Beazley's previous lawyer failed to provide an adequate defense.

WALTER LONG, BEAZLEY'S ATTORNEY: The main ground was to allow Napoleon to have his first opportunity really at a fair post- conviction process.

ARENA: The case is controversial, because in Texas, defendants as young as 17 can be tried as adults. In addition, John Luttig, the man Beazley murdered in Tyler, Texas, was the father of a prominent federal judge. Some argued Judge Michael Luttig's influence played a role in Beazley's case.

Beazley had no prior convictions. And in an earlier interview, he tried to explain why he did what he did.

NAPOLEON BEAZLEY: It wasn't premeditated as far as the murder goes. It is not something we intended on. We just intended to jack a car, you know? That whole incident got out of hand. You could say it was an impulse that was created by three impulsive young men.

ARENA: But the man who prosecuted Beazley says there is no doubt about intent.

JACK SKEEN, SMITH COUNTY, TEXAS DISTRICT ATTORNEY: It was clear that his plan premeditated with a forethought execution of Mr. Luttig was certainly not the acts of some child or minor, but rather an adult individual who knew exactly what they were doing.

ARENA: Kelli Arena, CNN, Washington.

(END VIDEOTAPE)

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