Execution Report: Bobby Hopkins

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At his trial, Hopkins pleaded not guilty. His lawyers attempted to exclude the videotaped confession from evidence, on the grounds that Hopkins was not properly advised of his Fifth Amendment right to remain silent before making the statement. The trial judge allowed most of the confession to be admitted. A jury convicted Hopkins of capital murder in May 1994 and sentenced him to death.

On appeal, The Texas Court of Criminal Appeals ruled that the beginning part of Hopkins' confession was obtained without proper Fifth Amendment disclosure, but any incriminating statements he made were corroborated later in the confession, after he was properly informed of his rights. The TCCA affirmed the conviction and sentence in October 1997.

Hopkins maintained his innocence on an anti-death-penalty web site. He stated that investigators drew his blood, then planted the blood at the scene to frame him. He also stated that his videotaped confession was coerced.

In March 2003, the U.S. Fifth Circuit Court of Appeals ruled that although several aspects of Hopkins' confession were problematic - specifically, that Hopkins was not properly advised of his rights, and that Detective Knott lied to Hopkins to get him to talk - the physical and circumstantial evidence against him was overwhelming, and that "any error in admitting Hopkins' confession was harmless."

Hopkins' execution was delayed for about two hours while last-minute appeals were being considered. At his execution, when asked if he had a final statement, Hopkins replied, "Warden, at this time I have no statement, sir." He was pronounced dead at 8:19 p.m.

By David Carson. Posted on 16 February 2004.
Sources: Texas Attorney General's office, Texas Department of Criminal Justice, Associated Press, Fort Worth Star-Telegram, court records.