Execution Report: Charles Nealy

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A jury convicted Nealy of capital murder in September 1998 and sentenced him to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence in September 2000. All of his subsequent appeals in state and federal court were denied.

Claude Nealy was convicted of the capital murder of Vijay Patel and was sentenced to life in prison.

In October 2006, when Charles Nealy was facing a November 2006 execution date, Memphis Nealy recanted his testimony against his uncle and brother, claiming that he was lied to and pressured by prosecutors.

"It's not me," Charles Nealy said in an interview from death row. "I wasn't even in Texas." Nealy said that on the day of the murders, he was in Oklahoma picking up a relative's truck. "There's all kinds of weird stuff going on in this case."

According to a court document, Nealy gave a statement, which was not admitted at trial, where he admitted being in the convenience store, carrying a shotgun, at the time of the murders.

Nealy won a reprieve last November so his claims of prosecutor misconduct could be considered, and so that his nephew's recanted testimony could be investigated. After holding a hearing, a Dallas judge rejected those claims. The Court of Criminal Appeals agreed and lifted its stay, allowing a new execution date to be set.

Nealy maintained his innocence in another interview held a few days before his execution. "Memphis lied, Mitchell lied, and my conviction is based on nothing but lies," he said.

Nealy's execution was delayed for about an hour as courts considered and rejected his final appeals. Additionally, prison staff had difficulty finding a vein in his left arm for the lethal injection. This resulted in another 20-minute delay. The evening's slow pace continued as Nealy made his last statement - a calm, 4½-minute monologue. In it, Nealy asked witnesses to "tell the guys on death row I'm not wearing a diaper." He then criticized the Dallas County assistant prosecutor who handled his case. "You messed up," Nealy said. "Now to cover it up, the state is killing me. I'm not sad and bitter. I feel sad for everyone else. You have to stay here; I'm going to someplace better." He also encouraged his relatives and friends who were present and said that he was going to be with his mother and Allah. "Don't bury me in that prison graveyard," he told them. "I want to be buried next to momma."

"By the way, the reason it took so long was because [they] couldn't find a vein," Nealy added. "I used to tear up the doctor's office. I hate needles." Nealy continued talking as the lethal injection was administered. As he was losing consciousness, Nealy said he could "feel it." He was pronounced dead at 7:20 p.m.

By David Carson. Posted on 21 March 2007.
Sources: Texas Department of Criminal Justice, Texas Attorney General's office, Associated Press, Houston Chronicle, Huntsville Item, court documents.