Johnny Martinez

Johnny Joe Martinez, 29, was executed by lethal injection on 22 May in Huntsville, Texas for the robbery and murder of a convenience store clerk.

In July 1993, Johnny Martinez, then 20, entered a convenience store in Corpus Christi. He used the store's restroom, shoplifted several items, and observed that the clerk was the only other person in the store. He went back out to his car, which was driven by Paul Wortman, 23, and waited. After about 20 minutes, Martinez went back in to the store, put a pocket knife to the throat of the 20-year-old clerk, Clay Peterson, and demanded money. After Peterson gave Martinez the contents of the store's cash register -- $25.65 -- Martinez stabbed him eight times in the neck, back, and shoulders. Wortman, watching what was happening inside the store from his car, drove away. Martinez fled on foot. Peterson, still conscious, called 911. He died soon afterward. Martinez fled to a nearby motel. He then called police and admitted to the crime. He waited there for police to arrive, and was arrested.

The killing was caught on video tape by a store camera.

Martinez said that he knew he had wounded Peterson, but did not know the wounds were fatal. He said that he called 911 to request an ambulance for Peterson and, as he was being arrested, asked police whether the victim was going to be alright.

A jury convicted Martinez -- who had no prior criminal history and no record of violence -- of capital murder in January 1994 and sentenced him to death.

According to Martinez' prison admission record, Paul Joseph Wortman was also charged with capital murder, but this information was not corroborated by any other reports.

In appeals, Martinez' lawyer argued that his death sentence was unwarranted because Martinez was not shown to be a future danger to society. Under Texas law, the jury must believe a defendant to be a future danger in order to impose a death sentence. Prosecutors stated that the brutal nature of the killing, as seen in the video tape, proved that Martinez was dangerous. The Texas Court of Criminal Appeals upheld his conviction and sentence in May 1996 by a 5-4 vote. All of his subsequent appeals in state and federal court were denied.

About three weeks before Matinez' execution, he met with Peterson's mother, Lana Norris, at her request. They met, accompanied by Martinez' lawyer, for about four hours in the chapel of the Polunsky Unit in Livingston. After that session, Norris wrote a letter to state parole officials asking them to commute the killer's sentence to life in prison. "There is no doubt in my mind, that to execute Mr. Martinez would be a double crime against society. Here is a young man that has truly repented and regrets his actions," she wrote. Norris also requested an opportunity to meet with the members of the Texas Board of Pardons and Paroles in person.

In a death row interview, Martinez said that he was drunk and high on marijuana the night that he killed Peterson. "I was young, stupid," he said. "There's not one day I don't think about what I did. I wish I could bring him back." He said that he was "very grateful" for the letter Norris wrote on his behalf, and receiving her forgiveness "lifted a tremendous weight off my shoulders." Nevertheless, he said that wished more attention was being paid to his claim that his original appeals lawyer was incompetent. "I haven't had the chance to show my case," he said. "You know, everybody is now focusing on this letter. Why not focus on my case?"

Despite Norris' plea, she did not get to meet with the members of the parole board. In an unusually close 8-7 vote, the board voted against recommending clemency for Martinez.

At his execution, Martinez made a lengthy final statement that was critical of his original lawyers. "My trial lawyers -- they are the ones that are killing me," he said. "I know I'm fixing to die, but not for my mistakes. I'm dying for the mistakes of my lawyers." Martinez also thanked Lana Norris, who did not attend the execution, for her attempt to save his life. "It meant a lot to me," he said. Concluding, he told his family, "I am fine, I am happy. I will see you on the other side." Johnny Martinez was pronounced dead at 6:30 p.m.