NICOLE COLLIERSTATE REPRESENTATIVE • DISTRICT 95

June 5, 2020

Texas Board of Pardons and ParolesDavid Gutierrez, Presiding Officer P.O. Box 13401Austin, Texas 78711

Dear Board Members,

We write to you concerning the execution of Billy Joe Wardlow, currently scheduled for July 8, 2020. Mr. Wardlow was seeking relief in the Court of Criminal Appeals, where he argued that his sentence is unconstitutional as it was based on a finding that he was likely to commit further acts of violence in the future. Mr. Wardlow argued that this finding was unreliable because he was 18 years old at the time of the offense.

Mr. Wardlow was supported in the Court of Criminal Appeals by several Texas researchers and scholars: Dr. Stephen Strakowski, Dr. John Edens, William Kelly, and Michele Deitch. These individuals are, collectively, considered experts in the fields of neuroscience, psychiatry, criminology, and forensic testing for future dangerousness and psychopathy. They filed a brief as amicus curiae arguing that established research definitively proves Mr. Wardlow’s central contention, that it is not scientifically possible to reliably predict future dangerousness in the case of an 18-year-old. In essence, they detail scientific studies showing that 18-year-olds are more inclined towards risky behavior and have diminished impulse control relative to adults. As a result, they argued, young people are more likely to engage in antisocial and violent activity, but they overwhelmingly grow out of it as they age and their brains develop. According to Mr. Wardlow and his amici, assessment of future dangerousness for an 18-year-old is therefore likely to mistake a temporary deficit in maturity for a permanent defect, resulting in a prediction of future dangerousness that is most probably incorrect.

Mr. Wardlow's appeal was denied on procedural grounds on April 29, 2020 on the basis that the allegations did not satisfy the requirements of Article 11.071 §5. Thus, the court dismissed the appeal without reviewing the merits of the claim raised. However, we believe the underlying issue raised deserves thoughtful examination. Previously, the House Committee on Criminal Jurisprudence planned to hold a public hearing in April to explore this question. However, this has been postponed due to the Governor's Emergency Declaration in response to COVID-19.

Despite this delay, we intend to further explore this issue and take it up in the next legislative session. We write to inform you of this intention, lest Mr. Wardlow be executed before we consider an issue that might impact his case.

Thank you for your kind attention to this matter. If we can provide any additional information, please do not hesitate to contact us.

Kindest regards,

Rep. Nicole Collier Rep. Joe Moody Sen. Juan "Chuy" HinojosaSen. Borris Miles

Rep. Celia Israel

Rep. Donna Howard

Rep. Phillip Cortez

Rep. Terry Canales

Rep. Ron Reynolds

Rep. Ina Minjarez

Rep. Eddie Lucio III

Rep. Senfronia Thompson

Rep. Harold V. Dutton, Jr.

Rep. Toni Rose

Rep. Garnet F. Coleman

Rep. Trey Martinez Fischer

Rep. Mary Ann Perez

Rep. Alma Allen

Sen. Jose Rodriguez

Sen. Eddie Lucio, Jr.

Rep. Carl Sherman

Sen. Nathan Johnson

Rep. John Bucy III

Rep. Eugene Wu

Sen. Judith Zaffirini

Sen. Royce West

Rep. Chris Turner

Rep. Mary Gonzalez Rep. Eddie Rodriguez

Sen. Beverly Powell

Rep. Diego Bernal

Rep. Ana Hernandez

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Rep. Jon Rosenthal

Rep. Barbara Gervin-HawkinsRep. Poncho Nevarez

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Rep. James Talarico

Rep. Ray Lopez

Rep. Victoria Neave

Rep. Vikki Goodwin

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Rep. Jarvis JohnsonRep. Cesar Blanco Rep. Roland Gutierrez

Rep. Julie Johnson