Texas Execution Information Center

Execution Report: John Alba

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A jury convicted Alba of capital murder in May 1992 and sentenced him to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence in June 1995.

An issue that arose during another Texas death row prisoner's case resulted in Alba's death sentence being vacated. In 2000, Texas Attorney General John Cornyn confessed that Dr. Walter Quijano, acting as an expert witness for the prosecution, offered racially biased testimony at Victor Saldano's capital punishment hearing. Specifically, Quijano stated, "because [Saldano] is Hispanic, this was a factor weighing in favor of future dangerousness." Following this disclosure, Cornyn reviewed all capital cases in which Quijano testified and a death sentence was given. In June 2000, he announced that six other cases - including John Alba's - were tainted by racially biased testimony from Dr. Quijano, and recommended that all of their death sentences be vacated. Accordingly, the U.S. Fifth Circuit Court of Appeals vacated Alba's death sentence in August 2000.

The state held a new sentencing hearing for Alba. At this hearing, he testified that he did not deliberately kill his wife; it was a "bad reaction." He stated that he bought the gun on the day of the shooting as protection from a cousin.

A jury resentenced Alba to death in March 2001. The Texas Court of Criminal Appeals affirmed the sentence in April 2003. All of his subsequent appeals in state and federal court were denied.

Alba declined requests to speak with reporters as his execution date approached. A web site operated by a supporter of his described the circumstances of the murder quite differently than the trial record. According to the site, Wendy Alba also physically abused John, and she had sexual affairs with several other men. The site also stated the friends she moved in with were drug dealers. John went to visit his children and got into an argument with Wendy over the environment where his children were living. "He asked Wendy if she had been unfaithful again, and tragically the gun was in his possession at the same time of the chilling details of Wendy's latest liaisons were revealed."

Alba's execution was attended by members of his victim's family, the parents of the daughter he was accused of molesting, and his own son and daughter. "I am sorry for taking someone so precious to you and to my kids," he said in his last statement. "I wish I could go back and change it, but I know I can't." Turning to his loved ones, he said, "Thanks for being beside me. I appreciate you always standing by me and everything y'all have done. ... Just tell everyone I love them. Y'all will be OK. I will, too. OK, warden. Do it." The lethal injection was then started. Alba said he could taste the chemicals. He said "I am starting to go," then lost consciousness. He was pronounced dead at 6:19 p.m.

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By David Carson. Posted on 26 May 2010.
Sources: Texas Attorney General's office, Texas Department of Criminal Justice, court documents, Associated Press, Huntsville Item, johnalba.com.

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