Execution Report: Arthur Burton

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A jury found Burton guilty of capital murder in June 1998 and sentenced him to death. The Texas Court of Criminal Appeals overturned his death sentence in 2000 for ineffective assistance of trial counsel, because his defense attorney did not object to a statement the prosecutor made during the sentencing phase.

At a new sentencing hearing held in September 2002, after the verdict was announced and the jury was excused from the courtroom, Burton apologized to Adleman's family.

"I'm sorry," Burton said, sobbing, "for causing y'all so much pain that day... I think about what she said to me, that she forgave me, and did I know God. I couldn't understand why she did that, but I didn't know God then. I looked for answers, but I can tell you now that I know God now, and I know I took a special person away from you, and I'm sorry for that."

A family member replied, "We thank you for your apology. Thank you."

Burton then appealed his second death sentence for ineffective assistance of counsel, for his lawyer's failure to object to testimony about a statement Burton made during his prison intake interview, which was that the murder was "just something I couldn't help." Burton's appellate attorneys claimed the interview where that statement was made constituted a custodial interrogation given without the Constitutionally-required warnings and notifications of his rights. After reviewing Burton's claim, the trial court ruled for the state. All of his subsequent appeals in state and federal court were denied. This included a claim that he had a "mild" intellectual disability that prohibited him from being executed, according to the Eighth Amendment.

A private memorial to Adleman was built on the bank of White Oak Bayou, near the location of the crime.

Harris County District Judge Ramona Franklin signed Burton's execution warrant on 1 May 2024. On 26 July, however, Franklin rescinded the warrant because of a clerical error in which three original signed and sealed specimens of the death warrant were made, rather than one original and two photocopies. State law requires that defense attorneys are allowed to review the original warrant, which gets sent to the Texas Department of Criminal Justice, and Burton's lawyer claimed that because of this error, there was no way to determine whether she was given "the original" to review. Four days later, on appeal from the Harris County District Attorney's office, the Texas Court of Criminal Appeals ordered Franklin to rescind her order "purporting to recall the execution order," stating that it had no legal effect and she had no authority to make it.

At his execution, Burton laid on the gurney covered by a white sheet from chest to toe. His leg was visibly twitching from beneath the sheet while his spiritual advisor stood over him and said a brief prayer.

The witnesses included members of Nancy Adleman's family and Harris County District Attorney Kim Ogg, who watched from a viewing room adjacent to the death chamber. Burton's brother, Michael, watched from a different room.

"I want to say thank you to all the people who support me and pray for me," Burton said in his last statement, his voice cracking every few words. "For those of you I know and do not know, thank you for your support and prayers. 27, 27, and a full circle," he said. There was no explanation as to what the last phrase meant.

Burton then expressed love to his fellow inmates in the Polunsky Unit of the Texas Department of Criminal Justice. He then apologized to the witnesses.

"To all the people I have hurt and caused pain, I wish we didn't have to be here at this moment, but I want you to know that I am sorry for putting y'all through this, and my family," he said in closing. "I'm not better than anyone. I hope that I find peace and y'all can too."

The lethal injection was then started. He was pronounced dead at 6:47 p.m.

By David Carson. Posted on 8 August 2024.
Sources: Texas Department of Criminal Justice, court documents, Associated Press, Houston Chronicle, Huntsville Item.