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Troy Dale FARRIS
Date of
Execution:
January 13,
1999
Offender:
Troy Dale
Farris #831
Last
Statement:
First off, to the
Rosenbaum family, to Cindy, to Scott, to everyone, I just
want to say I have nothing but love for you. And I mean that
from the deepest part.
I can only tell you
that Clark did not die in vain. I don’t mean to offend you
by saying that, but what I mean by that is, through his
death, he led this man to God.
I have nothing but
love for you.
To my family, my
soul beloved, you’re so beautiful, for all your love and
support is just miraculous, everything that ya’ll have done.
Be sure and tell
T.D. he’s in my heart. I send my love to Jay, to everyone.
To Roger Burdge.
I have nothing but
love for all of you. Like they say in the song, I guess, I
just want to go out like Elijah, on fire with the spirit of
God.
I love you. I’m
done.
Troy Dale Farris was
convicted of the December 3, 1983, slaying of Tarrant County
Sheriff's Deputy Carl Rosenbalm, who interrupted a roadside drug
deal.
Rosenbalm, although
wearing a bulletproof vest, was shot and killed. Two men testified
about the slaying, according to court records. They said they drove
from Wichita Falls to meet Farris in Fort Worth "to exchange
marijuana for amphetamine."
After the exchange,
Rosenbalm drove up on the scene with the lights on his patrol car
flashing.
As the two men
drove away, they saw the deputy lying on the ground. Although he
was wearing a protective vest, one of two shots fired at close range
went through Rosenbalm's left arm and into his chest.
One of the men
involved in the drug deal testified that Farris "later admitted to
shooting Rosenbalm."
Farris also
confessed to his brother-in-law "that he shot a policeman."
Troy Farris
Executed 1/13/99
The New York Times
May 14, 2000
Three weeks before Christmas, a young deputy
sheriff, Clark Rosenbalm Jr., was murdered, shot twice with a Magnum
.357, when he chanced upon a drug deal, on an isolated road outside
Fort Worth. Troy Dale Farris, who was part of the deal, was
convicted of the murder, but the manner in which the investigation
and trial were conducted left many uneasy, including a remarkable
number of members of the parole board.
The crime scene was badly trampled by
investigators and onlookers. Sixty-three photographs of the
sheriff's patrol car disappeared. So did the plaster casts taken of
tire tracks in the area. Marijuana was found on Sheriff Rosenbalm,
but an investigator flushed it down the toilet, or so he first
claimed.
The investigator was indicted for perjury and
planting evidence. Then, after Mr. Farris's trial was over and he
was on death row, the indictment of the investigator was dismissed.
The Court of Criminal Appeals concluded that "the circumstantial and
forensic evidence offered at trial not only failed to connect" Mr.
Farris with the murder, but it "also failed in nearly all material
respects to confirm the testimony" of the two key witnesses against
Mr. Farris.
Mr. Farris was convicted largely on the testimony
of a brother-in-law, Jimmy Daniels, who claimed that Mr. Farris had
confessed to him, albeit not until a year after the crime. Mr.
Daniels also led police to an area where he said his brother-in-law
had once fired his Magnum .357 into a tree. The police recovered
slugs, but the markings did not match those of the bullets that
killed the sheriff.
Moreover, Mr. Daniels's "credibility was
seriously undermined by the fact that" his testimony before the
grand jury had been inconsistent with his trial testimony, "and,
therefore, inconsistent with" Mr. Farris's guilt, the Court of
Criminal Appeals found.
Nevertheless, the court voted to affirm the
jury's finding of guilt. As a guiding principle, unless the court
concludes that a "rational trier of fact" could not have found the
defendant guilty based on all the evidence before it, the court
upholds the jury's decision.
The case bothered members of the parole board
more than just about any other that has come before them during Mr.
Bush's tenure. Seven members voted for some form of clemency, either
commutation or a 30-day reprieve.
"I had some questions on the fairness" of the
prosecution, explained Daniel Lang, a Bush appointee to the board,
who has a National Rifle Association emblem on his desk and signed
photographs of himself with Presidents Gerald R. Ford and George
Bush on the walls of his office in Angleton.
Mr. Sutton, the criminal adviser to Governor Bush,
said that the governor could have granted a reprieve, but that he
had "looked at all the facts of the case and chose not to."
Despite court ruling of unfair trial, Texas executes Troy Farris
By Shannon Jones - World Socialist Web Site
January 15, 1999
Troy Farris, a 36-year-old Texas
man, was put to death Wednesday after the Texas Court of Criminal
Appeals refused to grant a stay of execution. The same court had
ruled in 1994 that it had "wrongly decided" to reject his appeal of
trial irregularities.
As in previous death penalty cases the Texas
Board of Pardons acted as a rubber stamp for the prosecution,
rejecting Farris's clemency appeal by a vote of 12-5 with 1
abstention. The rejection of his bid was only unusual in that it
wasn't unanimous. The pardon board has only reprieved one death row
inmate on humanitarian grounds since 1982.
Farris's execution was the second this year and
brings the Texas total to 166 since the US Supreme Court restored
the death penalty in 1976. He was charged with the killing of a
county sheriff's deputy near Forth Worth in 1984 after the deputy
interrupted a drug deal. The condemned man admitted to being on the
scene but denied shooting the officer.
Lawyers appealed Farris's conviction on a number
of grounds, including the claim that the court unfairly excluded a
juror who expressed opposition to the death penalty. The US Supreme
Court has held that opposition to the death penalty does not
automatically exclude one from participating on the jury of a
capital case.
The Court of Criminal Appeals rejected Farris's
bid for a new trial in 1990. However, in 1994 it held in a similar
case that the unfair exclusion of an anti-death penalty juror
constituted grounds for reversal. In its new ruling the court
admitted it had erred in throwing out Farris's appeal declaring, "We
believe Farris was wrongly decided ... and hereby expressly overrule
it."
Through the bizarre logic of the court system the
ruling had no effect on Farris's case, because his lawyers were then
appealing at the federal, not the state level. In 1995 the Texas
legislature enacted legislation placing severe restrictions on the
right of those on death row to launch new state level appeals. In
refusing to block his execution the Texas Court of Criminal Appeals
ruled that Farris's appeal did not meet the narrow criteria
established by the state legislature. The court did not even review
the merits of his claim of an unfair trial.
Maurie Levin, one of Farris's attorneys, said she
had never heard of a case where the court had admitted error yet
refused to grant the appellant a new hearing. "It's terrifying and
infuriating," she said.
The prosecution obtained its original conviction
of Farris based on the testimony of a friend, Vance Nation, who
turned state's evidence in exchange for a plea bargain, and Farris's
brother-in-law, Jimmy Daniels, who claimed the defendant confessed
the killing privately to him. In 1990 the Court of Criminal Appeals
noted that the state "failed in nearly all material respects to
confirm the testimony of Nation and Daniels."
The same day Texas executed Farris the state of
Arizona put to death Jess Gillies for a 1981 killing. He was the
thirteenth to be executed in Arizona since the state reinstituted
the death penalty in 1992.