Executed, March 12, 2002

BY FAX: 404-651-6723

Mr. Walter S. Ray, Chairman
State Board of Pardons and Parole
Floyd Veterans Memorial Building
Balcony Level, East Tower
2 Martin Luther King, Jr. Drive, S.E.
Atlanta, Georgia 30334

Re: Tracy Lee Housel

On behalf of the American Civil Liberties Union we ask that you stay the execution of Tracy Housel, scheduled for March 12, 2002 and commute his sentence.  We ask for this relief on his behalf because the events surrounding the investigation of his case and his trial raise very disturbing questions. Moreover, the failure to address concerns expressed by the international community will only worsen the growing schism between the U.S. and its allies on the issue of capital punishment.

Mr. Housel is a foreign national, and a citizen of Britain.  The United Kingdom, which does not have the death penalty, has repeatedly tried to intervene on his behalf has taken an active role in calling for clemency in his case.

In addition to seeking to uphold the increasing international consensus against the death penalty, the United Kingdom has expressed concern about serious due process violations in Mr. Housel s case, which we share. There are very serious charges of physical abuse and other coercive tactics used against Mr. Housel during the investigation of the crime. These charges, if true, greatly undermine our confidence in the fairness of the process that produced Mr. Housel s death sentence.  

Moreover, these problems are compounded by the fact that Mr. Housel had woefully inadequate representation. He was unwisely counseled by his original lawyer to plead guilty to capital murder, without any assurance that his life would be spared.  The lawyer gave this poor advice, in part, because he failed to conduct an adequate investigation. Had he conducted such an investigation, he would have learned that Mr. Housel suffered from a combination of physical and mental disabilities that likely played a role in the crime.  Such information could have formed the basis of the defense that Mr. Housel waived when he pled guilty. At the sentencing trial, Mr. Housel s lawyer again did not present this crucial mitigating evidence. In a defense that lasted only 30 minutes, he failed to call witnesses and mental health experts who could have testified about a history of childhood abuse and physical and mental conditions and that would likely have spared his client this death sentence.

The ACLU opposes all executions as a violation of civil liberties, and as a cruel and unusual punishment.  Mr. Housel s case, however, presents a particularly shocking example of a process that has broken-down and it merits your special consideration. In the interest of justice, we urge you to grant clemency to Mr. Housel and commute his sentence.

Sincerely,

Diann Rust-Tierney
ACLU Capital Punishment Project                                                             

Debbie Seagraves
ACLU of Georgia