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James Vernon
ALLRIDGE III
Robberies
February 3,
AUSTIN – Texas Attorney General Greg Abbott
offers the following information on James Vernon Allridge, who is
scheduled for execution after 6 p.m. Thursday, August 26, 2004. In
1987, Allridge was sentenced to die for the Feb. 3, 1985, capital
murder of Brian Clendennen in Fort Worth.
FACTS OF THE CRIME
On February 3, 1985, James Vernon Allridge and
his older brother, Ronald Allridge, left their apartment to rob a
convenience store in East Fort Worth. Armed with his chrome Raven
.25 caliber pistol, James Allridge and his brother drove to the
Circle K store on Sycamore School Road because James Allridge used
to be an employee of the store and knew where the combination to the
safe was kept. Ronald dropped his younger brother off at the store
and drove around the corner to wait for him.
Store clerk Brian Clendennen had locked the doors
to the convenience store since it was closed for the night. Allridge
approached the front door and requested change to make a telephone
call. Because Clendennen had worked with Allridge at the store, he
made change for Allridge, who left the store after pretending to use
the telephone.
After getting back to the car around the corner from
the store, Ronald accused his younger brother of “chickening out.”
James Allridge decided to go back to the store. Clendennen again
opened the doors for Allridge. When he did, Allridge pointed his
pistol at the attendant and forced his way into the store.
Once inside, Allridge took Clendennen to the
storeroom, tied his hands behind his back, and proceeded to empty
the cash register and safe. After some of the change from the
register hit the floor, Allridge heard movement from the back room.
He went back to check on the noise, and after finding that
Clendennen had moved, Allridge forced him to his knees and shot him
twice in the back of the head, execution style.
Allridge returned to the car but then decided to
be sure that Clendennen was dead and returned to the store. However,
a woman was in the store parking lot when Allridge arrived, so he
fled the scene. The woman, who was Clendennen’s mother, entered the
store and discovered the loose change on the floor. She immediately
went to the nearby Whataburger restaurant to call for help. The
police were dispatched to the store where officers found Brian
Clendennen in the back storeroom, barely breathing, but still alive.
Clendennen was transported to the hospital, but died the next day.
PROCEDURAL HISTORY
In March 1987, Allridge was found guilty of
capital murder and sentenced to death. Allridge’s judgment and
sentence were affirmed on direct appeal to the Texas Court of
Criminal Appeals on November 13, 1991. After his petition for a writ
of certiorari from the Appeals Court was denied, Allridge filed a
state habeas application raising five claims. Upon recommendations
of the state trial court, the Court of Criminal Appeals denied
relief to Allridge.
Allridge then filed a federal petition for writ
of habeas corpus raising four claims of constitutional error. A
federal magistrate recommended that Allridge’s petition be denied. A
U.S. district judge issued a memorandum opinion adopting the
magistrate’s report, except for an issue regarding the standard of
review, and denied relief on all of Allridge’s claims. However, the
district court granted Allridge’s request for a certificate of
appealability.
On appeal, the 5th U.S. Circuit Court of Appeals
affirmed the district court’s denial of habeas corpus relief on July
15, 2003. After the appellate court denied his motion for rehearing,
Allridge filed a petition for writ of certiorari with the U.S.
Supreme Court on November 20, 2003. The Supreme Court denied
Allridge’s petition for certiorari review on March 22, 2004.
CRIMINAL HISTORY/PUNISHMENT PHASE EVIDENCE
The Court of Criminal Appeals summarized the
evidence introduced during the punishment phase as including facts
showing that Allridge committed seven other aggravated robberies
after robbing and killing the Circle K clerk.
In four of the
offenses, Allridge entered the store or restaurant armed and alone
to carry out the robberies. In two of the robberies, he was one of
several robbers in the restaurant. Finally, the Court noted that
Allridge was involved in the robbery-murder at a Whataburger in Fort
Worth, wherein his older brother Ronald received the death penalty.
On the night of February 3, 1985, James Allridge
and his older brother, Ronald, left their Fort Worth apartment with
the intention of robbing a Circle K convenience store. Allridge was
carrying a semi-automatic pistol, and Ronald drove Allridge’s car.
Allridge had previously worked at the Circle K, was familiar with
the store’s procedures, and knew where the combination to the safe
was kept. He also knew the clerk on duty, Brian Clendennen, having
worked with him before.
At about midnight, Ronald dropped Allridge
off around the corner from the targeted store. Clendennen had
already closed the store, but admitted Allridge when he asked for
change to use the phone. Clendennen made change, and Allridge
“pretended to use the phone and left to rejoin Ronald.” Ronald
accused Allridge of “chickening out” and dropped Allridge off at the
store again. Clendennen again let Allridge into the store, but this
time Allridge pulled his gun and forced Clendennen into the
storeroom.
After tying Clendennen’s hands behind his back, Allridge
emptied the safe. Allridge heard sounds coming from the storeroom
and discovered that Clendennen had moved. He made Clendennen “get
back on his knees,” then shot him twice in the back of the head.
Allridge and Ronald left, and Clendennen died from the gunshot
wounds the next day.
UPDATE: For 17 years, Shane Clendennen has waited
for justice after his brother's killer was sent to death row. But
now that James Vernon Allridge III has finally been assigned an
execution date on Aug. 26, Clendennen cannot understand why Academy
Award-winning actress Susan Sarandon made a special trip to death
row to visit Allridge. Death penalty opponents say she wants his
sentence commuted to life. "How would she feel if someone tied up
her child and shot him in the back of the head, then she had to
watch him on life support for three days until he died?" asked
Clendennen, 34, a machinist from Fort Worth. "She should not have a
voice in this unless she has gone through that kind of pain and loss."
Clendennen's brother, Brian, was 21 and working
in a convenience store in Fort Worth when he was shot in 1985.
Allridge knew the clerk could recognize him, because they had taken
a management training course together, prosecutors said. After
briefly scoping out the store, he returned to rob it of $300 and
shoot the clerk, prosecutors said. Wednesday, Sarandon visited with
Allridge for two hours. She would not comment except to say she was
trying to maintain "a low profile."
But in response to the reaction
of the victim's family to her visit, she released a written
statement Thursday. "My heart and prayers go out to the Clendennen
family. They have suffered a terrible loss, one that I would not
presume to know. I hope they have found a way towards healing from
the senseless murder of Brian Clendennen. My friendship with James
Allridge in no way diminishes my feelings of sympathy for the
Clendennen family. It merely reflects the fact that James Allridge
is a human being and is more than the worst act that he has ever
committed," the statement said.
Dave Atwood, who founded the Texas Coalition to
Abolish the Death Penalty and accompanied Sarandon to the prison,
said the actress and inmate had been pen pals for several years. He
said she had bought some of the inmate's drawings. Atwood said the
actress had gone there to encourage Allridge. He said she discussed
the possibility of doing something on his behalf but that would be "left
up to the attorneys."
Atwood and Sarandon think Allridge's sentence
should be commuted because, they say, he has been rehabilitated. His
drawings have been exhibited at several colleges, and he has
maintained a 4.0 GPA taking college business courses while on death
row, Atwood noted. But Shane, the victim's brother, is upset that
Allridge has been able to earn college credits and "sell stuff (his
art) over the Internet" from his 6-foot cell.
On the Web site where
Allridge sells his art, he writes about his past and does not deny
the killing. "I'm not making excuses," Allridge wrote. "But there
was a lot of pressure from my older brother ... who was a diagnosed
paranoid schizophrenic." He also expressed regret anyone had to
"lose their life for me to become the person I am today." Allridge
declined to be interviewed. Shane Clendennen said he does not think
his brother's killer has been rehabilitated. "If (Allridge) was born
again, I could maybe forgive him. But I still think he should die
for what he did," he said.
UPDATE: This has not been reported in any of the
coverage since Allridge's execution was scheduled, but apparently
this murder occurred during a crime spree where at least two other
people were murdered. This is a Houston Chronicle article from March
30, 1985:
Two brothers accused of shooting down a woman
during a restaurant robbery because she had no money also face
charges stemming from a series of robberies in which two others died,
police say. Charged on Thursday in the March 25 slaying of Carla
McMillen were two sets of brothers - Ronald Allridge, 24; his
brother James Vernon Allridge, 22; Milton Jarmon, 18, and his
brother Clarence Jarmon, 19. Police said the robbery was one in a
series of robberies committed Sunday night and Monday morning.
Ronald Allridge, who was ordered held in lieu of $1.55 million bond,
also was charged with capital murder in the shooting death of Buddy
Webster Jr., 19, the manager of a pizza restaurant. James Allridge,
jailed in lieu of $1.1 million bond, also was charged with capital
murder in the Feb. 3 slaying of Brian Clendennen, 21, of Everman.
The Allridge brothers also were charged with two counts of
aggravated robbery. The Jarmon brothers also were charged with two
counts of robbery.
From 6/8/95: More than 10 years have passed, but
Sharen Wilson still is troubled by images of a young woman who took
a shotgun blast at close range while eating a late-night meal at a
Fort Worth fast-food restaurant. "They were horrific photographs,
the victim laying in a puddle of blood with a half-eaten sandwich,"
says Wilson, a criminal court judge in Tarrant County. "I don't
think I'll ever forget them."
Wilson was an assistant district
attorney in 1985 who worked to send the gunman, Ronald Allridge, to
death row for killing 19-year-old Carla McMillen. Ron Allridge, 34,
was set for lethal injection early today for the murder, one of
three killings authorities blame on him. "Truthfully, he should have
been executed a long time ago," Wilson said.
Allridge, an unemployed
10th-grade dropout, exhausted his appeals, the last one rejected May
15 when the U.S. Supreme Court refused to review his case. "We
touched all the bases, and we couldn't get an expression of interest
from the Supreme Court and that's what it was going to take," said
Allridge's attorney, Steven Schneebaum. Schneebaum asked Gov. George
W. Bush for a 30-day reprieve or that Bush commute his sentence to
1,000 years in prison. "Ronnie never denied that he fired the shot
that cost the life of a young woman," Schneebaum said in a petition
to the governor. Bush, however, turned down the request Wednesday.
The request also struck a hollow note with the victim's mother,
Carole McMillen. "This is just an example of the judicial system in
need of repair," she said. "It's taken so long to carry out the
jury's verdict. This is not even a question of whether he's guilty
or not."
A Tarrant County jury took less than four hours
to give Allridge the death penalty. McMillen was with two friends at
a Fort Worth Whataburger restaurant the night of March 25, 1985,
when Allridge and two companions burst into the place and announced
a holdup. When Allridge pointed his shotgun at the woman's chest at
close range and she threw up her hands, he fired. "His whole appeal
was: "Gosh, it was an accident,' " Wilson said. "But it was no
accident that he had it pointed directly at the center of her chest.
We're not talking about some guy who maybe didn't do it."
Authorities said it was the latest in a string of similar robberies
where Allridge and his companions, including a brother, would storm
into crowded restaurants and demand patrons surrender their money
and valuables. During the punishment phase of his trial, prosecutors
presented evidence that Allridge confessed to at least 20 such
holdups. Allridge served less than six years of a 10-year term for
killing a high school student in 1976. He also was accused of the
fatal shooting of a pizza shop manager two months before the
McMillen slaying. One accomplice received a 20-year term. A second
was sentenced to 30 years.
James Vernon Allridge III
Txexecutions.org
James Vernon Allridge III, 41,
was executed by lethal injection on 26 August
2004 in Huntsville, Texas for the murder and
robbery of a convenience store clerk.
On 4 April 1985, Allridge, then 22, and his
brother, Ronald, 24, drove to a convenience store in Fort Worth.
James Allridge used to be an employee of the store and knew where
the combination to the safe was kept. Ronald dropped James off at
the store and drove around the corner to wait for him. The store was
closed. Through the locked doors, James asked the clerk, Brian
Clendennen, for change to make a telephone call. Clendennen
recognized Allridge, opened the doors for him, and gave him change.
After Allridge pretended to use the phone, he left, and Clendennen
locked the doors again.
After getting back into the car, Ronald accused
James of "chickening out." James decided to go back to the store.
Clendennen again opened the doors for him. When he did, Allridge
pointed a .25-caliber pistol at him and forced his way into the
store. Allridge then took Clendennen into the storeroom and tied his
hands behind his back. While he was emptying the cash register and
safe, Allridge heard a noise from the storeroom. He went back and
saw that Clendennen had moved. Allridge then forced Clendennen to
his knees and shot him twice in the back of the head.
After returning to the car, Allridge decided to
go back into the store to make sure Clendennen was dead. However, a
woman was in the store parking lot when Allridge arrived, so he fled.
The woman, who was Clendennen's mother, entered the store, saw some
loose change on the floor, and immediately left and called the
police from a nearby restaurant. The police found Clendennen in the
storeroom, still alive. He died the next day in the hospital.
At his punishment hearing, the state introduced
evidence that after murdering Clendennen, James Allridge committed
or participated in seven other aggravated robberies of stores or
restaurants in Fort Worth. In one of those robberies, a Whataburger
customer, Carla McMillen, was killed.
A jury convicted James Allridge of capital murder
in March 1987 and sentenced him to death. The Texas Court of
Criminal Appeals affirmed the conviction and sentence in November
1991. All of his subsequent appeals in state and federal court were
denied.
Ronald Keith Allridge was convicted of the
capital murder of Carla McMillen and was sentenced to death. He was
executed on 8 June 1995.
While on death row, James Allridge made art
prints and greeting cards. He sold the items, many of which depicted
flowers, on an internet web site set up and operated by
sympathizers. According to the web site, proceeds went into
Allridge's legal defense fund.
In 2001, the state legislature passed a "murderabilia"
law, which was intended to prohibit convicts from profiting from the
sale of items in connection with their inmate status. In July 2003,
Allridge's web site received international media attention when
actress Susan Sarandon, who had been pen pals with Allridge for 8
years, visited him on death row. Andy Kahan, a crime victims'
advocate who was a driving force behind the 2001 law, filed a formal
complaint with TDCJ and with the Polk county district attorney's
office, asking them to shut down Allridge's site. At the time of
Allridge's execution, the request was still under investigation.
While pursuing his final appeals, Allridge sent a
clemency petition to the Texas Board of Pardons and Paroles. In the
petition, Allridge requested that his sentence be commuted to life,
on the basis that he had become completely rehabilitated on death
row and was no longer a danger to society. Saying that he accepted
full responsibility for his crime and that he felt deep remorse,
Allridge claimed that he had been a model prisoner during his 17
years on death row, and that he spent his spare time writing,
drawing and painting, and teaching other inmates to read and write.
The parole board rejected his petition. The U.S. Supreme Court
rejected his last appeal late in the afternoon of his execution.
"I'm sorry, I really am," Allridge said in his
final statement. Speaking slowly and quietly, Allridge said, "I am
sorry I destroyed y'all's life. Thank you for forgiving me. To the
moon and back, I love you all. I leave you all as I came - in love."
The lethal injection was started at 6:13 p.m. Allridge was
pronounced dead at 6:22 p.m.
Killer of FW Clerk Executed
Dallas
Morning News
AP August 26, 2004
HUNSTVILLE, Texas -- An apologetic James Allridge,
whose case attracted attention of celebrity capital punishment
opponents, was executed Thursday evening for killing a Fort Worth
convenience store clerk 19 years ago.
Speaking slowly and quietly with his voice
halting at times, Allridge thanked his family and friends for loving
him and expressed remorse. "I am sorry, I really am," he said in a
brief final statement. "I am sorry I destroyed y'all's life," he
said looking at the family of his victim. "Thank you for forgiving
me. To the moon and back, I love you all." "I leave you all as I
came - in love," he said. Nine minutes later, at 6:22 p.m. CDT, he
was pronounced dead.
Allridge, 41, was the 12th Texas inmate executed
this year and the second in as many nights.
Allridge was visited last month by actress Susan
Sarandon, who purchased some of his prison-made artwork and for
years corresponded with him. Sarandon, 57, won an Academy Award in
1996 for her portrayal of death penalty opponent Helen Prejean in
the movie version of the New Orleans-based nun's book "Dead Man
Walking." Prejean was among the people who witnessed the execution.
She whispered a brief prayer after Allridge slipped into
unconsciousness and comforted Allridge's relatives. "Two priceless
lives are lost," Allridge's supporters said in a statement released
after his death. "We wish and hope for healing and peace for both
families as time goes by."
Allridge's attorneys asked the U.S. Supreme Court
in a last-day appeal to halt the punishment and review the case,
contending he'd been a model prisoner for years and his
rehabilitation disproved his trial jury's finding that he'd be a
continuing threat to society, one of the criteria for the death
penalty in Texas. The court rejected the request about two hours
before Allridge's lethal injection. They also unsuccessfully argued
jurors were not allowed to consider evidence that a violent and
abusive older brother bullied Allridge into participating in the
fatal shooting of store clerk Brian Clendennen, 21, who was robbed
of $300.
Allridge's brother, Ronald, was put to death in
1995 for killing a woman during the robbery of a Fort Worth fast-food
restaurant, part of a two-month crime spree that targeted
convenience stores and fast-food places.
"Nineteen-and-a-half years," Doris Clendennen,
whose son was gunned down, said after watching Allridge die. "It
took too long." "I wouldn't forgive him for nothing," said Donna
Ryals, the murder victim's sister. "He got what he deserved... At
least he gets to meet his brother now." "Our parents have lost their
second son by lethal injection to the state of Texas," two of
Allridge's brothers, who also witnessed the execution, said in a
statement. "Their pain is incomprehensible. Our fractured, but
thriving family will endure."
Unlike his brother, who also had served time for
killing a classmate at age 15, the crime wave appeared to be out of
character for James Allridge, who had no previous criminal record.
He was described as a good student and hard worker but someone who
fell under the control and demands of an older violent brother who
intimidated him. "I am deeply regretful any of this has happened,"
Allridge told The Associated Press last week from death row, adding
that he would like to express his sentiments to Clendennen's
relatives. "This should never have happened."
Allridge, however, said he believed his nearly
two decades on death row was beneficial to others. "I know I've done
a lot of good," he said. "A lot of young guys here never had
positive role models. A lot of times they just want someone to
listen to them. I listen."
Two other sets of brothers have received lethal
injection in Texas, which by far leads the nation in carrying out
the death penalty. Prison records show four pairs of brothers were
put to death in the 1920s and 1930s, when the electric chair was the
method of punishment.
Killer of FW Clerk Executed
Denton
Record-Chronicle
Thursday, August 26, 2004
HUNTSVILLE, Texas – Condemned prisoner James
Allridge, whose case attracted the attention of celebrity capital
punishment opponents, was executed Thursday evening for killing a
Fort Worth convenience store clerk 19 years ago. Allridge, 41, was
the 12th Texas inmate executed this year and the second in as many
nights.
Allridge was visited last month by actress Susan
Sarandon, who purchased some of his prison-made artwork and for
years corresponded with him. Sarandon, 57, won an Academy Award in
1996 for her portrayal of death penalty opponent Helen Prejean in
the movie version of the New Orleans-based nun's book "Dead Man
Walking." Prejean was among the people Allridge selected to watch
him die.
Allridge's attorneys asked the U.S. Supreme Court
in a last-day appeal to halt the punishment and review the case,
contending he'd been a model prisoner for years and his
rehabilitation disproved his trial jury's finding that he'd be a
continuing threat to society, one of the criteria for the death
penalty in Texas. The appeal was denied.
"When our criminal justice system is on the verge
of executing a prisoner who is innocent of the aggravating factor on
which his death sentence is predicated – future dangerousness – the
Texas system provides no remedy," their petition to the high court
Thursday said. "The primary premise for executing Mr. Allridge, by
virtue of his rehabilitation during his lengthy incarceration, has
evaporated." They also argued jurors were not allowed to consider
evidence that a violent and abusive older brother bullied Allridge
into participating in the fatal shooting of store clerk Brian
Clendennen, 21, who was robbed of $300.
Allridge's brother, Ronald, was put to death in
1995 for killing a woman during the robbery of a Fort Worth fast-food
restaurant, part of a two-month crime spree that targeted
convenience stores and fast-food places.
Unlike his brother, who also had served time for
killing a classmate at age 15, the crime wave appeared to be out of
character for James Allridge, who had no previous criminal record.
He was described as a good student and hard worker but someone who
fell under the control and demands of an older violent brother who
intimidated him. "My brother didn't even have a chance at life," the
victim's brother, Shane Clendennen, who also was to witness the
execution, told the Fort Worth Star-Telegram. "People who say the
death penalty is wrong haven't gone through this... All I have is a
picture and a grave site."
"I am deeply regretful any of this has happened,"
Allridge told The Associated Press last week from death row, adding
that he would like to express his sentiments to Clendennen's
relatives. "This should never have happened." Allridge, however,
said he believed his nearly two decades on death row was beneficial
to others. "I know I've done a lot of good," he said. "A lot of
young guys here never had positive role models. A lot of times they
just want someone to listen to them. I listen."
Two other sets of brothers have received lethal
injection in Texas, which by far leads the nation in carrying out
the death penalty. Prison records show four pairs of brothers were
put to death in the 1920s and 1930s, when the electric chair was the
method of punishment.
Texas Executes Actress's Pen
Pal for 1985 Murder
Reuters News
Aug 26, 2004
HUNTSVILLE, Texas (Reuters) - A Texas man, who
became pen pals with actress Susan Sarandon while on death row, was
put to death by lethal injection on Thursday for murdering a
convenience store clerk during a 1985 robbery.
James Allridge III, 41, was condemned for killing
Brian Clendennen, 21, in a Feb. 4, 1985, robbery of a Fort Worth,
Texas, convenience store. Allridge's brother, Ronald, was executed
in 1995 for his part in the crime. During 17 years on death row,
Allridge earned a college degree and became known for artwork he
sold via the Internet. Allridge unsuccessfully sought clemency based
on the argument he had rehabilitated himself.
In a final statement while strapped to a gurney
in the death chamber, Allridge thanked his family and friends and
spoke to Clendennen's sister and brother. "I am sorry. I really am,"
he said. "You, Brian's sister, thanks for your love. It meant a lot.
Shane, I hope he finds peace. I am sorry I destroyed you all's life.
Thank you for forgiving me. To the moon and back. I love you all."
Allridge was the 12th person executed in Texas
this year and the 325th since the state resumed capital punishment
in 1982, six years after the U.S. Supreme Court lifted a national
death penalty ban. Both totals lead the nation.
Sarandon visited Allridge on death row in July.
After the meeting, the actress said little about their two-hour
conversation. Sarandon, who won an Academy Award in 1996 for her
performance in "Dead Man Walking" as Catholic nun Helen Prejean who
advises death row inmates, is a death penalty opponent. Prejean was
Allridge's spiritual adviser.
For his final meal, Allridge requested a double-meat
bacon cheeseburger with lettuce, tomato and salad dressing. He also
asked for shoestring or crinkle-cut French fries with ketchup and
banana pudding or banana pudding ice cream and watermelon or white
seedless grapes.
Remorseful store clerk killer
executed in Huntsville
Houston
Chronicle
Aug. 26, 2004
HUNTSVILLE - A Texas man, who became pen pals
with actress Susan Sarandon while on death row, was put to death by
lethal injection today for murdering a convenience store clerk
during a 1985 robbery. James Allridge III, 41, was condemned for
killing Brian Clendennen, 21, in a Feb. 4, 1985, robbery of a Fort
Worth convenience store. Allridge's brother, Ronald, was executed in
1995 for his part in the crime.
During 17 years on death row, Allridge earned a
college degree and became known for artwork he sold via the
Internet. Allridge unsuccessfully sought clemency based on the
argument he had rehabilitated himself.
In a final statement while strapped to a gurney
in the death chamber, Allridge thanked his family and friends and
spoke to Clendennen's sister and brother. "I am sorry. I really am,"
he said. "You, Brian's sister, thanks for your love. It meant a lot.
Shane, I hope he finds peace. I am sorry I destroyed you all's life.
Thank you for forgiving me. To the moon and back. I love you all."
Allridge was the 12th person executed in Texas
this year and the 325th since the state resumed capital punishment
in 1982, six years after the U.S. Supreme Court lifted a national
death penalty ban. Both totals lead the nation.
Sarandon visited Allridge on death row in July.
After the meeting, the actress said little about their two-hour
conversation. Sarandon, who won an Academy Award in 1996 for her
performance in "Dead Man Walking" as Catholic nun Helen Prejean who
advises death row inmates, is a death penalty opponent. Prejean was
Allridge's spiritual adviser.
For his final meal, Allridge requested a double-meat
bacon cheeseburger with lettuce, tomato and salad dressing. He also
asked for shoestring or crinkle-cut French fries with ketchup and
banana pudding or banana pudding ice cream and watermelon or white
seedless grapes.
National Coalition to
Abolish the Death Penalty
James Allridge, III - TX
EXECUTED -- OUR THOUGHTS AND PRAYERS GO OUT TO THOSE WHO SURVIVE
HIM
Associated Press, Huntsville, Texas (Aug. 26): An apologetic
James Allridge, whose case attracted attention of celebrity capital
punishment opponents, was executed Thursday evening for killing a
Fort Worth convenience store clerk 19 years ago.
Speaking slowly and quietly with his voice halting at times,
Allridge thanked his family and friends for loving him and expressed
remorse. "I am sorry, I really am," he said in a brief final
statement. "I am sorry I destroyed y'all's life," he said looking at
the family of his victim. "Thank you for forgiving me. To the moon
and back, I love you all." "I leave you all as I came -- in love,"
he said. Nine minutes later, at 6:22 p.m. CDT, he was pronounced
dead.
The full text of the original alert follows.
August 26, 2004 - 6 p.m. CST
The state of Texas is scheduled to execute James Allridge III, a
black man, August 26 for the 1985 murder of Brian Clendennen during
a robbery in Tarrant County.
James Allridge is an example of something that is rarely talked
about in death-penalty debates: rehabilitation. Rehabilitation is
granted no place in the system. Men and women can grow up, become
educated, develop job skills, get off drugs or alcohol, or find
religion, and still there is no mercy. They, too, will be strapped
to a gurney and injected full of poison.
In prison, Mr. Allridge has become an accomplished artist and
poet. Those who have seen his art say that it is vibrant, moving,
and full of life… considering that it was produced in a place where
death is eminent and steel bars a constant reminder.
Mr. Allridge writes that “I concede that there is nothing with
which I, or anyone else, could ever do to replace the life that was
taken. However, my art allows me to contribute to the entire picture
– the whole of humanity. My art allows me to give back something
purposeful, productive, constructive, and meaningful. By giving back
a small part of me with each piece of art I create, I am giving back
to society.”
Mr. Allridge’s case is reminiscent of that of Karla Faye Tucker’s.
She was also a woman who had been able to use prison as a source of
positive change. In her clemency appeal to Governor George W Bush
she said: “I do want to live and be able to continue being a part of
the solution now to the problems we have in our world…I am helping
save lives now instead of taking lives and hurting others.”
In an interview, Mr. Allridge quotes author Anne Rice who wrote,
“there is no such thing as a soul who loves nothing.” Mr. Allridge
serves as a symbol of the human spirit in death row. The death row
population is so easily dehumanized, so easily are their names taken
away and replaced by the label of “killer,” “monster,” and “murderer.”
Because they are seen as the other, it is easier for many to
rationalize their death.
However, as Mr. Allridge wrote in 2000, “We all have purpose and
worth. We all have our own unique voice in the choir of humanity.
Even a mute can sing.”
Mr. Allridge is scheduled to receive a lethal injection at 6 p.m.
CST. Please keep him, his family, and the family of Brian Clendennen
in your thoughts. Please take a moment and contact Gov. Perry,
urging him to stop the execution of James Allridge, III.
James Allridge Homepage
Canadian Coalition to
Abolish the Death Penalty
Tackling the question of restitution is akin to tackling the
question of pro- or anti-death penalty sentiments. I don't wish to
make restitution as a means to atone for past sins, to seek
redemption or to gain forgiveness. These are issues that must be,
and which I already have, taken up with God.
Humanity as a whole can be seen as a puzzle. We all are a small
part of the whole. When a life is taken, one piece of that puzzle is
taken away and cannot be replaced because it is individual and
unique onto itself. This is why I concede that there is nothing with
which I, or anyone else, could ever do to replace the life that was
taken. However, my art allows me to contribute to the entire picture-the
whole of humanity. My art allows me to give back something
purposeful, productive, constructive and meaningful. By giving back
a small part of me with each piece of art I create, I am giving back
to society.
I don't ask for forgiveness or recognition from anyone for what I
do. I do it simply because I believe it is the right thing to do and
for no other reason. I would hope that anyone who has lost a loved
one to a senseless act of violence would only want the world to be a
better place as a result of their loved one's death.
It is my belief that society would be better served by seeing a
changed individual because of what he has learned from the
experience than by adding to the cycle of violence by taking yet,
another life.
James V. Allridge, III
Death Row, Terrell Unit
Livingston, Texas
James V. Allridge III donates his share of the art show proceeds
to the Texas Association Of X-Offenders (TAX). TAX is a faith-based
criminal recovery and relapse prevention program that targets adult
inmates, inmate families, parolees, probationers, and x-offenders.
Its programs are structure- and curriculum based. The idea of TAX is
to provide a positive identity group for those impacted by the
criminal justice system that will help them achieve a crime-free,
drug/alcohol-free, prison-free prosocial lifestyle.
The TAX program is not only preventive, but redemptive. Its
primary goal is developing human potential through personal
empowerment. To rescue a person from a life wasted on crime, drugs,
violence, and abuse, you must--so to speak--take that person to the
other side of the mountain and show them what is there. TAX does
that through role modeling, curriculum-based self-help programs, and
peer support groups.
James Vernon Allridge III was born on November 14, 1962 in
Colorado Springs, Colorado, while his father was stationed there in
the Army. He remained there until he was 5 years of age, when his
father was forced to retire due to a heart condition (he now has a
pacemaker). Upon his father' s retirement the family moved to Fort
Worth, Texas, where his parents and three younger brothers still
live.
James attended school in Fort Worth. He attended Green B. Trimble
Technical High School where he was an honor student, a three-year
letterman on the Tennis Team and was offered a scholarship at
Weatherford College, which he declined to work at his vocation in
Mill & Cabinetmaking. He later went into management in the Fast Food
Industry where he later co-owned and operated his own business, all
before the age of twenty-two.
On March 25, 1985, James was arrested along with his brother
Ronald K. Allridge, for the robbery/slaying of a Circle K
Convenience Store clerk. Ronald was executed by the State of Texas
on June 8, 1995.
During his trial, James' court appointed attorneys did very
little to defend him and even less on his appeal. His court
appointed attorneys dropped off his case when it was affirmed at the
State level. James has had 3 execution dates set since being on
Death Row. He came within 5 days of being executed on his last date.
Fortunately, with the help of friends and supporters in the U.S.
and Switzerland, money was raised through the Fund for Life (FFL) -
a legal fund for James - and an attorney by the name of Steven C.
Losch was hired to continue his appeal. The court appointed attorney
did a very poor job when he filed his State Writ of Habeas Corpus.
Mr. Losch subsequently filed his Writ of Habeas Corpus in Federal
Court which the federal magistrate ruled against. The ruling was
based on the Anti Terrorism and Effective Death Penalty Act of 1996.
The Supreme Court later ruled that this law could not be applied
retroactively. Mr. Losch filed a motion contesting the ruling and
they are currently awaiting a ruling.
During his incarceration, James has become a self taught artist
and writer. With no formal art training, he now has over 360 works
in private collections. He has been recognized for his works in
colored pencil at the Annual Prison Art Show & Exhibit held in
Huntsville, Texas, and his works have been on display in Washington,
D.C.. His pen & ink illustrations have appeared on numerous
newsletters throughout the U.S. and Switzerland. Two of his fine art
drawings have appeared on the cover of the Journal for Prisoners on
Prisons In April of 1996, James had his first one man art exhibit in
Switzerland to help raise money for the FFL.
C.U.R.E. (Citizens United for the Rehabilitation for Errants)
purchased several of his illustrations for their line of all
occasion note cards. Continuing in this fashion, James decided to
produce his own line of handmade Christmas and all occasion greeting
cards. Since 1993 they have sold throughout the U.S., Switzerland,
Ireland, France, Holland and the United Kingdom. They have been
purchased by such notables as Gloria Steinem, Susan Sarandon and
Sting. He has gotten letters of support and encouragement from Maya
Angelou, Robert Redford, Rev. Jesse Jackson, Ted Turner and
Elizabeth Taylor.
James also has a scattering of essays, articles, letters and
poems that have been published in various publications. He has self
published a collection of poetry and prose entitled Deadly
Executioner. It is dedicated to the men, and now one woman who have
been executed by the State of Texas since the reinstatement of the
death penalty.
In addition to those things, he's also gone to college at Sam
Houston State University through their Correspondence Program where
he majored in Business Administration and maintained a 4.0 G.P.A.
He also served on the Board of Directors of the Lamp of Hope
Project (LHP), a Death Row based organization to help educate the
public on the common misconceptions surrounding the death penalty
and to provide services for those here on Texas' S Death Row.
James has made all of these accomplishments in a never ending
struggle to disprove the prosecution's5 contention that he is a "continuing
threat to society". It is his hope that all of these accomplishments
will receive a favorable ruling from the Board of Pardons and
Paroles and work towards having his sentence commuted to life.
James' primary concern has always been to have his sentence commuted
to life.
James believes that he has made many valuable contributions to
society through his art and writing and wishes to continue making
those contributions, even if from a prison cell.
With your help and support he can. Will you help to save his life?
Letter From Death Row
By James V. Allridge
Austin Chronicle
August 11, 2004
Jordan Smith
Investigative Reporter
Austin Chronicle
Austin, Texas 77002
Dear Jordan:
I spoke with Jim Marcus, Monday and he informed me that you would be
writing an article about my bid for clemency. I wanted to provide
for you, in my own words, some additional information that you may
find useful in the formulation of your piece.
First and foremost, let me say that I have never tried to escape
punishment and have always, always felt deep sorrow for my actions.
The only words I uttered during my entire trial were to the victim's
mother when I said I was sorry. I have spent the last 17 years of my
incarceration to make sure two lives were not wasted out of this
tragedy.
That is one reason we are focusing on the rehabilitative aspects
of my case. Not everyone has an actual claim of innocence, DNA
evidence to offer, mental retardation issues to consider or were a
juvenile at the time of the crime. Unquestionably, some people here
are actually guilty of the crime they were convicted of.
However, our criminal justice system, just as our government, is
set up with a system of checks and balances. Death row prisoners go
through a lengthy appeals process because our system of
jurisprudence recognizes that men are fallible. It recognizes that
sometimes the rule of law can and will be misinterpreted. We want
the Parole Board members to be receptive to a message about positive
change.
For too long, the Board has used the clemency process as a
stopgap for the legal system. The Parole Board and Governor have
only wanted to grant clemency if the person didn't have full access
to the court system or if there are actual claims of innocence. I
would submit that that's not what the clemency process was designed
for.
The clemency process was designed because our legislature
recognized that in some instances, our government would have to make
exceptions for those who were punished too severely at the trial
level. The legislators also had the foresight to anticipate that
some, such as myself, would experience mature growth in spite of my
surroundings. Rather than being influenced by hardened criminals in
any way, I have actually influenced some in a positive manner.
I believe that clemency is about mercy when all legal avenues
have been exhausted. Our campaign is about redemption,
rehabilitation, reconciliation and forgiveness. We hope to restore
faith and humanity to our Texas clemency process.
There are only two sentencing options in a capital case – life or
death. Clemency isn't about escaping punishment but about reducing
punishment and removing the threat of immediate death. A life
sentence would continue punishment.
Another fallacy with the clemency process is there is no criteria
or standard to meet in order to receive clemency. In the legal
process, there are standards or bars that must be met before one can
obtain relief on a legal issue. It should be the same for clemency.
If we are to have a death penalty, and we do, then each and every
aspect of the system should be operable. If we are to have a
clemency process, and we do, it should be attainable.
What I am suggesting is this. If everything that I have achieved
during the past 17 years (I invite you to visit my website at
www.fund-for-life.org ), through my self-rehabilitative process doesn't meet
the standard or criteria for clemency, then how likely is it that
others who now have less time because of the shortened appeal
process will ever be able to meet this invisible bar?
Clemency is about mercy. I am not demanding anything. I am asking
that I be given the opportunity to continue contributing to society,
even if it means from a prison cell.
I hope you find this additional information useful. Thank you for
your time and consideration to this matter.
Sincerely, James V. Allridge III
Name: James Vernon Allridge III
DOC: 000870
Facility: Allan B. Polunsky Unit
Location (bunk, unit, etc) : Building 12 BA 08
Address: 12002 E.M. 350 South
City; State, Zip: Livingston. Texas 77351-9630
Age: 39
DOB: 11-14-62
SEX: Male
Physical Description: 6’3, 225lbs, Black hair, Brown eyes, light
complexion.
Hobbies: puzzles and word games.
Interests: art, writing, reading.
Likes: sense of humor, not taking life too seriously and helping
other’s people willing to learn and open-mindedness.
Dislikes: lack of understanding, gossip and people playing games
that hurt others.
Education: Some college in Business Administration, vocational
training.
Trade: Mill & Cabinet making and Custom Furniture Building.
Religious or Spiritual Preference: No organized religions
Wants and needs: My wants change daily; my need to be freed from
death row remains constant
Type of Pen Pal wanted: Each friend is unique and has their own
individuality to offer but someone willing to help me.
Date Incarcerated: 3-25-85
Expected Release date: Who knows?
Charges (in for?) Capital Murder
Additional Information: For those who have the ability, you can
see the true me in my art. Please log on to my website at: http://www.freebox.com/jamesaliridgeiii/
My writing also offer a personal glimpse into my thoughts on some
topics. But if that’s not enough you can always as me yourself.
1.) Are you interested in personal development? Yes
2.) Do you consider yourself a caring person? Yes
3.) Do you see a need for change in your prison environment? Yes
4.) Are you presently working toward such change, by yourself, or in
a program offered by the prison? Yes, by myself and with others.
5.) If yes, is it effective? Still in the development stages.
6.) What are the programs you attend/participate? All
self-developed.
7.) Are you interested in having such a program? Yes
8.) Are you interested in working toward bigger changes, with
children at risk, with families outside-the wall? Not at the present
time.
9) Do you have friends and family on the street? Yes
10) If yes, would they be interested in involvement in STS? Have
informed them about it.
11.) Do you know other prisoners who would be interested in STS?
Working on it.
12.) If, yes, would you be able to sponsor them in membership,
explaining the concepts and services of STS? Yes, by relaying any
information I receive.
13.) Would you consider leading a group of members, helping them,
and representing the core to them? No
14.) Has your contact with Surviving the System been a positive
experience? Not yet
15.) Would you like your own role to be a more active one? No
16.) Would you like to see more communication and more understanding
between the prisoners in your community? Yes
17.) Is there any formal group in your institution that teaches or
celebrates writing? No
18.) If no, would you be interested in founding one of these groups?
No
19.) Do you feel that the drug laws are achieving betterment to
society? No
20.) Do you feel that there are injustices in the prison
administration? Yes
21.) Do you feel that the court system is an effective tool of
social justice? No
22.) Would you be interested in seeing social change in our world,
prison or otherwise? Yes
23.) Would you and/or your family members be interested in
participating in our upcoming documentary series? I would.
24.) Have you ever considered putting your entire life story on
paper, and if so, would you be interested in sharing it with the
world at large? Yes, am currently working on it.
11/12/01
Dear Traci,
Thank you for your recent mailing. I think it was inevitable that
we'd be in contact because a friend of mine has passed your
information on to me weeks ago and I had intended to write but have
been caught up with many things happening with my appeals.
In any event, I have enclosed your questionnaire and I would like
to be included on your website. I, too, have a website and would be
grateful if you would provide a link to my site. I was also thinking
that an article from the last issue of my newsletter would be ideal
for your youth orientated site. When Punishment Becomes a Crime:
Trying to Find a Balance, I feel, would be well?suited for your
site. You do have my permission to use it.
If I did have a message to convey to youths, I believe it would
be that even if they should find themselves incarcerated, it’s not
the end of the world. They should use that time to prepare for
release as opposed to getting caught up in the prison gangs and
trying to perfect their criminal ways.
As you will see by some of the enclosed, I have not been idle
during my 16 1/2 years of confinement. These are just a small
assemblage of my accomplishments. I am not unique or gifted because
I didn't know how to draw nor write before being incarcerated. What
makes me unique is that I used this time to teach myself these
skills and develop them to a point where they will benefit me upon
my release. Indeed, I expect these very accomplishments to be the
reason behind my release. What I've done, I believe anyone can do if
they only put their minds and hearts into it.
I'm enclosing a couple of my cards I do have the color catalog
but the images are a bit distorted. I'm working on a new one. A
complete list of enclosures will be at the bottom. I really admire
what you're doing. If you need any more information, pictures, etc.,
from me, just let me know but I think you should be able to download
everything from my website. By the way, I don't have access to the
internet. Someone monitors my e?mail and relays the messages to me.
Your letters would reach me quicker via US Mail. I will be
looking forward to hearing from you.
In Creativity, James Allridge
Petition for Plea to the Texas Board of Pardons and Paroles
"I read a story..."
I read a story not long ago about a young woman working at a
wildlife refuge. She made the mistake of reaching her arm into the
cage of a newly arrived tiger. She only wanted to pet it. The tiger
purred, then began to lick her arm. Involuntarily, she tried to yank
her arm from the cage. Instinctively, the tiger clamped down and
tore her arm off.
Recently, here at the Terrell Unit, a 78 year-old volunteer
chaplain stuck his arm inside the cell of an inmate (maybe to
comfort him?) and the inmate grabbed his arm and begun cutting on
it. I don't know what could have prompted this action nor do I
condone it. Maybe it did it instinctively?
It's 2:52 a.m. and the officer just came by with our sack meals.
When asked if I wanted to eat, I replied, 'yeah'. I put my light on
and stood there waiting for him to open my food slot and slide my
bag in as they normally do. Instead of getting my sack, I was told,
'Okay, now you have to go and sit on your bunk.' I told him to
forget about it. He replied that I might as well get used to it
because that's the way it's going to be from now on.
Apparently, we're supposed to sit on our bunks until our sacks
have been placed on the slot. After the officer has stepped a safe
distance away then, and only then, are we allowed to come and
retrieve our sacks, retreat to the dark recesses of our cells and
hungrily devour our long awaited rations of food.
I can afford to decline a meal for now because I have commissary.
I can forgo the suffering through the indignity of being treated
like a wild animal or even a pet that has to perform tricks in order
to get a meal. If I 'Sit!' and 'Stay!', will they soon ask me to
'Roll over and play dead!'?
I suppose when I run out of food supply, I too will 'do tricks'
in order to get the food that they will have for me. I have to eat,
right? I have to have food to survive. Survival is a basic animal
instinct.
Since we arrived here at Terrell Unit, we have been treated as
sub-human. Seldom addressed directly by the guards and totally
restricted from any physical interaction with another prisoner.
We've been treated like animals at the zoo, corralled and herded
from one holding to the next for either recreation, shower or on
rare occasion, visits. When you lock men up and treat them like
animals it is only inevitable that some will begin to act like
animals. As the debate over capital punishment increases, we have
more people speaking out on our behalf. It hurts the movement when a
prisoner does something as what was done to the chaplain.
But I am reminded of the incident of the young woman and the
tiger. Interviewed later, she pleaded for the tiger’s life as the
State of Colorado debated on whether to destroy the animal. She
said. 'To kill him now would make everything I've done and gone
through meaningless.’ Please, continue to fight for us all.
12/16/01
Hi Traci:
You don't have to tell me about delays in answering your mail. I can
relate to that cause I stay really busy myself. I just appreciate
you taking the time to even respond. I didn't find out about my
website's change until after I had written to you. My new URL is:
www.deathrow.at/allridqe That's a lot simpler anyway, huh?
Nope, I don't know Melvin. The guy that gave me your letter
months ago was Robert Coulson. I suppose he thought it was junk mail
and nothing he wanted to be involved in. Myself, I’m always reaching
out but not to youths, necessarily. I didn't have a disadvantaged
childhood or suffer from abuse nor was I in trouble with the law or
things like that. I can't relate to many of the stories I hear here
but I do learn from them because many of these young guys have been
through things in their young lives that I'm glad and thankful I
didn't have to deal with.
Instead, my message is more about what people can do with their
time when they become incarcerated. I believe they must realize that
life is not over for them but in order to reclaim their lives, they
have to begin today in planning for their future. I use the word
future because most feel like they will never be released so they
don't want to plan for their release but everyone has a future,
whether it be in here or out there and you can still be productive
within these prison walls. Laws are constantly changing and who
knows what the future could bring. Maybe later the politicians will
see that they erred in sentencing someone to 40 calendar years.
Sentences can always be commuted and time reductions can always
be granted. So that's mainly my message and it can be for any age
whether someone is locked up or not, they should always take the
best of their lives.
I will close for now so you can get this letter before Christmas.
I do hope you and your family have a wonderful Christmas. I will be
looking forward to your next letter.
Sincerely yours, James V. Allridge III
09/03/02
Dear Traci,
It’s been a while since I’ve been able to write. This year has been
full of activities for me.
Please find enclosed the questionnaire that you sent a while
back. Sorry for-the delay in getting it back to you but I’m sure you
understand. I chose not to answer the essay question on the back.
I’m doing so much myself and with my appeals that I couldn’t
possibly do more to help you at this time.
What I have done is added a new section to my newsletter for
USEFUL RESOURCES. I have added your contact information so anyone
reading my newsletter can contact you or log onto your website if
they wish to help. The newsletter should be there by now or will be
there shortly so be expecting it. I would he pleased if you would
let me know what you think about it.
I hate to rush this but let me get this in the mail. You will
also receive an announcement card for my new company Light
Expressions. If there is anyway you can ad the link to my new site,
I would really appreciate that.
Take care and drop me a line or e-mail when you have the chance.
My e-mail is: jamesvallridge@yahoo.com. Hope to hear from you soon.
In the Struggle, James V, Allridge III
Actress visits death row inmate
Sarandon meets pen pal, set for
execution Aug. 26
By Cindy Horswell -
Houston Chronicle
July 15, 2004
LIVINGSTON - With a brisk walk, actress Susan Sarandon made an
unannounced trip Wednesday to Texas to visit her pen pal — a
convicted murderer on death row. She had corresponded with the
inmate, James Vernon Allridge III, for several years after buying
some of the detailed drawings of flowers and animals he creates with
colored pencils.
Prison officials said she had only recently been put on his
visitation list, and she would not tip her hand as to why she had
come to see Allridge, who is scheduled for execution Aug. 26. "I'm
trying to be as low-profile as possible. It fits the strategy at
this time," Sarandon said, declining to comment further. She wore
tennis shoes and a loose pants outfit without a belt to avoid
setting off the metal detector.
"Susan is just here for a visit. It's just communication between
two friends," said David Atwood, founder of the Texas Coalition to
Abolish the Death Penalty, after escorting Sarandon to the prison
near Livingston. "She just told him to stay strong, that she would
pray for him and was thinking of him." He said they had discussed
the possibility of her doing something on Allridge's behalf but
"that will be left up to his attorneys."
Sarandon became more acutely aware of the death penalty when she
portrayed a nun who was a spiritual adviser to a death row inmate in
Dead Man Walking, for which she earned a best actress Oscar in 1996.
After the movie was released, she told the Houston Chronicle, "I've
always thought intellectually that (the death penalty) didn't make
sense. It's expensive; it's arbitrary and capricious; it's not a
deterrent." She said the role crystallized her feelings to the point
that she realized: "It's not important who is to die, but who is to
kill and what it means to recognize the humanity in everyone. I feel
more clearly now that there is no reason to kill."
Wednesday, she did not want to publicly discuss her views.
Allridge, who speaks to visitors by telephone through a Plexiglas
barrier, had initially agreed to be interviewed by the Chronicle
after Sarandon left. He later declined on the advice of his
attorney.
"It's not important who is to die, but who is to kill and what it
means to recognize the humanity in everyone. I feel more clearly now
that there is no reason to kill." (Susan Sarandon, actress) The
41-year-old inmate has spent the past 17 years on death row — much
longer than the average inmate, including his older brother, Ronald,
who was executed in 1995. James Allridge was sentenced to death for
fatally shooting Fort Worth convenience store clerk Brian Clendennen
while robbing the store of $300 in 1985.
The same year, during another robbery, his brother fatally shot a
19-year-old diner at a fast-food restaurant. He shot her because she
was "penniless," news accounts at the time said. Ronald had spent 3
1/2 years in prison in the late 1970s for killing a high school
student and had been accused of killing the store manager of a
pizza-delivery business where he worked, authorities said.
"In 1985, the two brothers had gone on a spree of robberies and
killings. Each was driving the getaway cars for the other when their
capital murders happened," said Mike Parrish, the Tarrant County
prosecutor in James Allridge's case. James Allridge knew his victim
would recognize him because they had attended a management training
school together, Parrish said. "He came out of the store and thought
about it, but then went back inside to rob the place and shoot him,"
he said.
Parrish said other robbery cases, including one in which Allridge
allegedly pointed a gun at a 4-year-old, were dropped after the
murder conviction.
About Sarandon's visit, Parrish said, "Nothing surprises me
anymore. Like all those people from Europe who send (Allridge)
money. It's surreal." On a Web site where Allridge sells his art, he
writes about his past and does not deny killing the clerk. "I'm not
making excuses," he said. "But there was a lot of pressure from my
older brother ... who was a diagnosed paranoid schizophrenic."
He also expresses regret that anyone had to "lose their life for
me to become the person I am today." He writes he has been
rehabilitated and is no longer a danger to society. He, along with
Atwood and Sarandon, wants his sentence commuted to life. "Susan has
written to him for a number of years and sees him as a person who
has changed and developed. She is impressed by his accomplishments
like his art and intelligence," Atwood said.
"I've never met any death row inmate that is more rehabilitated,"
he said.
"Victim's brother blasts Sarandon's death-row visit; Actress says
her friendship with inmate doesn't lessen sympathy toward the
family." Houston Chronicle By Cindy Horswell. (July 16, 2004)
For 17 years, Shane Clendennen has waited for justice after his
brother's killer was sent to death row.
But now that James Vernon Allridge III has finally been assigned
an execution date on Aug. 26, Clendennen cannot understand why
Academy Award-winning actress Susan Sarandon made a special trip to
death row to visit Allridge. Death penalty opponents say she wants
his sentence commuted to life. "How would she feel if someone tied
up her child and shot him in the back of the head, then she had to
watch him on life support for three days until he died?" asked
Clendennen, 34, a machinist from Fort Worth. "(Sarandon) should not
have a voice in this unless she has gone through that kind of pain
and loss."
Clendennen's brother, Brian, was 21 and working in a convenience
store in Fort Worth when he was shot in 1985. Allridge knew the
clerk could recognize him, because they had taken a management
training course together, prosecutors said. After briefly scoping
out the store, he returned to rob it of $300 and shoot the clerk,
prosecutors said.
Wednesday, Sarandon visited with Allridge for two hours. She
would not comment except to say she was trying to maintain "a low
profile." But in response to the reaction of the victim's family to
her visit, she released a written statement Thursday. "My heart and
prayers go out to the Clendennen family. They have suffered a
terrible loss, one that I would not presume to know. I hope they
have found a way towards healing from the senseless murder of Brian
Clendennen. "My friendship with James Allridge in no way diminishes
my feelings of sympathy for the Clendennen family. It merely
reflects the fact that James Allridge is a human being and is more
than the worst act that he has ever committed," the statement said.
Dave Atwood, who founded the Texas Coalition to Abolish the Death
Penalty and accompanied Sarandon to the prison, said the actress and
inmate had been pen pals for several years. He said she had bought
some of the inmate's drawings. Atwood said the actress had gone
there to encourage Allridge. He said she discussed the possibility
of doing something on his behalf but that would be "left up to the
attorneys."
Sarandon earned a best actress Oscar in 1996 for portraying a nun
who was a spiritual adviser to a death row inmate in Dead Man
Walking. Atwood and Sarandon think Allridge's sentence should be
commuted because, they say, he has been rehabilitated.
His drawings have been exhibited at several colleges, and he has
maintained a 4.0 GPA taking college business courses while on death
row, Atwood noted.
But Shane, the victim's brother, is upset that Allridge has been
able to earn college credits and "sell stuff (his art) over the
Internet" from his 6-foot cell. On the Web site where Allridge sells
his art, he writes about his past and does not deny the killing.
"I'm not making excuses," Allridge wrote. "But there was a lot of
pressure from my older brother ... who was a diagnosed paranoid
schizophrenic." He also expressed regret anyone had to "lose their
life for me to become the person I am today." Allridge declined to
be interviewed.
Shane Clendennen said he does not think his brother's killer has
been rehabilitated. "If (Allridge) was born again, I could maybe
forgive him. But I still think he should die for what he did," he
said.
Victims advocate sees a test case in inmate's artwork
He says a
law confiscating profits of 'murderabilia' should be enforced
By Cindy Horswell -
Houston Chronicle
August 2, 2004
With intricate strokes in colored pencil, he creates
photograph-like drawings of flowers and animals from his
8-foot-square cell on Texas' death row.
The vivid shades of the drawings directly contrast with the stark
cell where James Vernon Allridge III has been confined for the last
17 years. But despite his isolation, he has a Web site that sells
his art and a greeting card line in the United States and Europe —
where a large print sells for $465 and a box of cards for $10.
Allridge, convicted of the robbery and murder of a young
convenience store clerk in Fort Worth, sees his art as a sign of
rehabilitation. As such, he says his sentence should be commuted to
life. But crime victim advocate Andy Kahan of Houston wants
Allridge's art sales to serve a much different purpose. He wants to
use the sales as the first test case of a state law against
criminals profiteering from the marketing of personal artifacts,
which range from artwork to hair strands. He refers to it such
memorabilia as "murderabilia."
The law — which calls for confiscation of any profits from items
that are inflated by a criminal's notoriety — has never been
enforced since its adoption three years ago. "It's time to see if
this law is more than lip service," said Kahan, the director of
Houston's victims assistance office since 1992. "It's obvious that
Allridge is using his ill-gotten notoriety to make a buck."
Kahan says peddling "murderabilia" is widespread on the Internet.
But prison officials say they often are not aware of such Internet
transactions because inmates have people on the outside establishing
Web sites. Allridge's art sales came to prison authorities'
attention only after actress Susan Sarandon, who had bought his art,
made a special trip to death row two weeks ago to visit Allridge.
The inmate has not revealed how much he has earned from the sales.
Kahan says the influx of Hollywood types, like Sarandon, who won
an Academy Award for her portrayal as a spiritual adviser to a
death-row inmate in Dead Man Walking, only helps increase the
celebrity status of Allridge's art. On advice of his attorney,
Allridge has declined to talk to the Houston Chronicle. His
attorney, Jim Marcus of Houston, said neither he nor his client was
aware of the art controversy.
On Allridge's Web site, he writes, "My art allows me to give back
something purposeful, productive, constructive and meaningful. By
giving back a small part of me with each piece of art I create, I am
giving back to society." His execution is set for Aug. 26.
When the family of Allridge's victim recently learned about the
art sales, as well as the Hollywood patronage, they were outraged.
"I don't think it's right. I'm sorry," said the victim's 64-year-old
mother, Doris Clendennen, apologizing for emotionally breaking down
as she talked. "My 21-year-old son, Brian, was also an artist and a
writer who got up and preached in church. But he never got to
fulfill his dreams."
Since her son's death, she has treasured his art and even
retrieved a bird drawing that he did in middle school that was
hanging in a Tarrant County mayor's office. She recently refused a
request from Allridge's attorney to talk to the inmate. Her son died
from a gunshot to the back of the head after his store was robbed of
$300 in 1985. Tarrant County prosecutor Mike Parrish said the
killing was one of three that occurred while Allridge and his older
brother, Ronald, were on a robbery spree in which they took turns
driving the getaway car.
James Allridge had recognized Clendennen from a management
training school they both attended, but after thinking about it,
still entered the convenience store to rob and shoot him, Parrish
said. Allridge's brother, Ronald, was executed nine years ago for
the fatal shooting of a 19-year-old during the crime spree .
Clendennen's brother, Shane, a 34-year-old machinist, said he cannot
understand why celebrities would glorify Allridge. Allridge's Web
site lists others besides Sarandon who have bought his art,
including activist and author Gloria Steinem and entertainer Sting,
and states he has received letters of support from actor Robert
Redford, businessman Ted Turner and actress Elizabeth Taylor.
So far Texas is one of only a few states that has expanded the
so-called "Son of Sam" law to include "murderabilila." The original
version was only designed to prevent criminals from assisting in the
retelling of their crimes in book, video or audio formats. It was
first adopted in New York in 1977 after a publishing company offered
to pay serial killer David Berkowitz to tell his story.
In 1991, the U.S. Supreme Court ruled the "Son of Sam" law
violated free speech. Several states have since revised the statute
to allow criminals to tell their story but then confiscates any
money earned from it. While the issue has remained ambiguous in the
courts, Kahan has been conducting lectures on the "marketing of
crime" and pushed for control of "murderabilia."
He has bought a collection of strange items from Web site dealers
that he uses to make his point. His collection includes a brown wisp
of Charles Manson's hair twisted into the shape of a swastika;
fingernail clippings of serial killer Roy Norris who liked to record
his victim's screams; a letter from John King, sentenced to death
for the Jasper dragging-death of James Byrd; and hair strands
belonging Angel Maturino Resendiz, who has admitted to killing 12
people in Texas and four other states.
He has declined to purchase any criminal's artwork, such as John
Wayne Gacy's clown paintings, because it costs more than other
items. Angel Resendiz, the so-called "railroad killer," has a
drawing of a man with wings and a halo posted for sale on an
out-of-state dealer's Internet site. Kahan thinks Allridge's art
sales might provide the best avenue for testing the "murderabilia"
law. That is because Allridge is not going through third-party
dealers who are based outside Texas.
Allridge's Web site lists a Fort Worth address and asks that
checks be made payable to him, Kahan notes. Allridge's Web site says
he is trying to raise thousands of dollars for his fight to overturn
his death sentence. Kahan's complaint about Allridge's art sales has
been turned over to Mark Mullin, an attorney with the special prison
prosecution unit. "We will look into it," said Mullin. "If the law
is being broken, something should be done to stop it. I don't think
prisoners should profit form their crimes." Money confiscated under
the law is contributed to crime victims.
The American Civil Liberties Union's Texas president, Greg
Gladden, is convinced the law violates an inmate's right of free
speech because the state cannot show it has an interest in
preventing art sales: "How would this prevent future crime?" Plus he
said the law is overly broad and does not specify "art." "I also
don't see how in the world that you can prove the value of the art
and whether it is inflated," he said.
Allridge v. State, 850 S.W.2d 471 (Tex.Crim.App. 1991)
(Direct Appeal).
Defendant was convicted in the Criminal District Court, No. 4,
Tarrant County, Joe Drago, III, J., of capital murder. Death penalty
was imposed. Defendant appealed. The Court of Criminal Appeals,
White, J., held that: (1) it was not abuse of discretion to refuse
to allow defendant to inquire of venireperson as to her opinion of
court-ordered busing to achieve integration; (2) prospective juror
met statutory literacy qualifications; (3) evidence supported jury's
decision that there was probability that defendant would commit
criminal acts of violence that would constitute continuing threat to
society; and (4) defendant's general request of jailers for
permission to make phone call did not rise to level of being request
for counsel. Affirmed. Baird and Maloney, JJ., concurred in result.
Clinton, J., dissented.
WHITE, Judge.
Appellant was convicted of capital murder. See V.T.C.A., Penal Code,
§ 19.03(a)(2). After the jury made an affirmative finding on both of
the special issues submitted under Art. 37.071(b)(1) and (2),
V.A.C.C.P., the trial court imposed the penalty of death. This case
is before us on direct appeal.
Appellant brought a total of twenty-one points of error to this
Court, including an argument that the evidence at trial was
insufficient to support the jury's affirmative answer to the second
special issue. We will affirm the judgment of the trial court. A
review of the evidence admitted at appellant's trial is necessary.
On Sunday night, February 3, 1985, appellant and his brother,
Ronald Allridge, left their apartment to rob a Circle K convenience
store on Sycamore School Road in Fort Worth. Appellant took his
chrome Raven .25 calibre semi-automatic pistol with him. Ronald
Allridge was driving appellant's car. Appellant and his brother
selected a Circle K store because appellant, due to his past
experience as an employee with Circle K, was familiar with the
store's procedures and appellant also knew where the combination to
the safe was kept at a Circle K store. Ronald dropped appellant off
and went around the corner to wait for him.
It was close to midnight, and the attendant, Brian Clendennen,
had already closed the store for the evening. Clendennen was working
there on that evening as a substitute for another clerk. Appellant
and Clendennen knew each other from when appellant had worked for
Circle K from December, 1984 through January, 1985. Appellant knew
Clendennen by name, and asked for change for a dollar to use the
phone. Clendennen unlocked the door and made change for appellant.
Appellant pretended to use the phone and left to rejoin his brother.
Appellant's brother accused him of chickening out of the robbery.
He dropped appellant off at the store a second time. Appellant went
to the door and knocked. Clendennen opened the door and appellant
pulled his gun, forcing Clendennen to admit him into the store.
Appellant took Clendennen to the back storeroom and tied the clerk's
hands behind his back. Appellant then emptied the register and safe
of their money, placing it in a sack. Some of the change fell to the
floor. Appellant heard movement in the storeroom, went there and
found that Clendennen had moved. Appellant made Clendennen get back
on his knees and shot him twice in the back of the head. Appellant
left with the bills and some of the change taken from the store.
When appellant rejoined his brother, he discovered that his pistol
had jammed on the second shot. Appellant decided to return to the
store to be certain that Clendennen was dead. When appellant got to
the front of the store, he saw a woman waiting in a car in the
parking lot. Without entering the store, appellant turned around and
ran from the scene and rejoined his brother. Appellant and his
brother returned to their apartment and counted the money. They got
$336 in the robbery.
The woman waiting in the car was Brian Clendennen's mother. After
appellant fled the scene, Mrs. Clendennen opened the door and looked
in. She saw a bunch of change laying on the floor, but did not see
her son. She ran back to her car and went to the Whataburger on
Sycamore School Road to get help. Someone called the police. Other
people ran down to the Circle K to try to help. When the police
arrived, they found Brian Clendennen in the back storeroom of the
Circle K, his hands still tied behind his back. He was barely
breathing. He died the next day.
An autopsy confirmed that he died
from the gunshot wound to the head he received during the course of
the robbery. The police retrieved an intact slug from the victim's
head. They had no leads in this robbery-murder for six weeks.
On March 25, 1985, three men pulled a robbery-murder at the
Whataburger Restaurant on Sycamore School Road. A witness positively
identified appellant's brother, Ronald, as the shooter in the
robbery-murder. The police arrested appellant and his brother at
their apartment on March 25, 1985. After the arrest, appellant was
taken outside the apartment to the parking lot. The police testified
that appellant was not threatened, promised, or physically abused.
Appellant then signed a consent to search his room in the apartment.
During the search, the police recovered the Raven .25 calibre pistol
appellant used in the Circle K offense.
On the night of March 25, 1985, appellant was arraigned by
Municipal Court Judge Bernal for the Whataburger offense. At trial
Bernal testified that she did not recall if appellant requested an
attorney to be appointed to represent him. Her bailiff, A.D.
Marshall, testified that appellant did not request an attorney at
his arraignment. At 10:00 a.m. on March 26, 1985, appellant gave the
police a written confession admitting that he killed Brian
Clendennen in the course of robbing him at the Circle K store. The
detective who took the confession testified that appellant did not
invoke any rights or request the assistance of counsel during the
interrogation.
Testimony at trial revealed that appellant purchased the Raven
.25 calibre pistol at a pawn shop on September 11, 1984. A
ballistics expert testified that the bullet retrieved from the head
of the victim was fired from the Raven .25 calibre pistol.
* * * *
The judgment is affirmed.
Allridge v. Cockrell, 92 Fed.Appx. 60 (5th Cir. 2003)
(Habeas).
Background: Petitioner, convicted in state court of capital
murder and sentenced to death, 850 S.W.2d 471, sought federal habeas
relief. The United States District Court for the Northern District
of Texas denied petition. Petitioner appealed.
Holdings: The Court of Appeals, Wiener, Circuit Judge, held that:
(1) trial court did not err in sustaining prosecution's challenge
for cause to venireperson; (2) claim that trial counsel rendered
ineffective assistance at penalty phase of capital murder trial was
procedurally defaulted; and (3) counsel did not render ineffective
assistance. Affirmed.