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American Morning

Texas Moves Ahead With Controversial Execution

Aired August 14, 2001 - 11:07   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.
LEON HARRIS, CNN ANCHOR: With a 3-3 split decision by the U.S. Supreme Court, Texas is moving ahead with plans for a controversial execution. So much attention has been caused, has been brought to this story because the condemned man was 17 at the time of the crime and the victim was the father of a federal judge.

Let's get the latest now on this from CNN justice correspondent Kelli Arena. She's standing by in Washington -- Kelli.

KELLI ARENA, CNN CORRESPONDENT: Good morning, Leon.

Well, the case involves now 25-year-old Napoleon Beazley. He was convicted of murder back in 1994. Now, as you said, he was 17 when he shot and killed the father of a federal judge. Critics charge Beazley is facing execution because of the judge's high level connections. That's a charge prosecutors vehemently deny.

(BEGIN VIDEOTAPE)

(voice-over): Considered one of the most influential federal judges in the nation, J. Michael Luttig once clerked for Supreme Court Justice Antonin Scalia. And as a former Bush Justice Department official, he worked to get both Justice Clarence Thomas and Justice David Souter confirmed.

Those relationships have come under some scrutiny as all three justices recused themselves from the high court's three-to-three decision not to stay the execution of Napoleon Beazley, convicted of the 1994 murder of Judge Luttig's father.

Experts say it's highly unusual for a third of the court to recuse itself. But the vote against a stay was expected, and rare recusals make it even less likely the court will hear a broader appeal.

STEPHEN SALTZBURG, GEORGE WASHINGTON UNIVERSITY LAW SCHOOL: It takes four votes to hear a case. If three justices out of the six remaining will not even grant a stay, it's highly unlikely that the court will get four votes to hear this case.

ARENA: Death penalty critics charge there is nothing usual about this case. They say one reason prosecutors sought the death penalty against Beazley, who was 17 at the time of the shooting, is because Luttig is a judge. Prosecutors deny the charge, and Judge Luttig had no comment.

Napoleon Beazley, who is now 25, is not claiming innocence, and by all accounts the killing of Judge Luttig's father was especially brutal. But Beazley had no prior record at the time of the shooting, and his two co-defendants have since recanted parts of their testimony against him.

NAPOLEON BEAZLEY, CONVICTED MURDERER: 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. The whole incident got out of hand.

(END VIDEOTAPE)

ARENA: Now, also Monday, the Texas Board of Pardons and Paroles rejected Beazley's request for a reprieve and a commuted sentence. He is scheduled to die by lethal injection at 7:00 P.M. Eastern Time tomorrow night.

Nationally, he would be the 19th inmate since 1976 to be executed for a murder committed when the killer was younger than 18 -- Leon.

HARRIS: All right, thank you very much.

Kelli Arena reporting live for us from Washington.

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