(Please note that this has been posted verbatim, and without editing)
As I watched a nurse climb on top of the stretcher straddling the chest of Danny Thomas while they slowly carted him off the pod, beating on his chest in an effort to restart what had already stopped, I knew that he had fallen victim to TIME. Knocked out by death like a prize fighter in the last round of his life.
For 27 years Danny fought utilizing the self taught skills of swingin’, sweatin’, scratchin’, clawin’ and never givin’ up when others fell out around him. You’d think that after 27 years of jabs, uppercuts and body punches by the courts he’d be punch drunk and ready to lay it down. But on the week of his death, Danny Thomas was far from done.
In the last 10 months since Danny was dismissed by the U.S. Supreme Court (Oct 2008), he has gathered and investigated his claims for the final battle of his life. NEVER giving up his hopes in the
JUSTICE that he so desperately sought. Yet, it was the very justice
system that he believed in which failed him over the many years and helped return him to Texas Death Row in 1998.
You see, Danny Thomas was a victim of the Law of Parties and I’ve yet to meet anyone who managed to leave that party once they arrived. Mr. Thomas’ case was the grossest misrepresentation of that law that I have ever heard of! When Danny Thomas started his second trial, he truly believed that justice would finally prevail in his case after all. The Court of Criminal Appeals (TX) had made it clear in their ruling that vacated his original death sentence stating “Judging by the evidence shown to this court, the Defendant (Danny Thomas) could not have committed this crime.” So, you would think common sense would rule the day and he would be exonerated by Harris County. Yet he said, “I was still trippin’ that the D.A.’s office would even attempt to re-try this case again. I was leery, but hopeful cuz this new law had to meet some criteria, right? BULLSHIT!!”
No truer words were spoken. Not only did they not meet any criteria, they mislead the jury by omitting the most pertinent fact of the case which would have shown them the full picture CLEARLY! Surprised? Not hardly! After all, Harris County District Attorneys have a long history of playing fast and loose with the law. The simple truth is: In order to be convicted under the Law of Parties, there has to be “parties” involved. Simple, right? Trouble with Mr. Thomas’ case is this. THERE IS NONE NOR HAS THERE EVER BEEN ANYONE ELSE INDICTED, MUCH LESS CONVICTED IN THIS CASE!!! So, when the Harris County D.A.’s office instructed the jury stating, “If you believe that Mr. Thomas was involved with his “co-defendant” by kidnapping and murdering the victim, then you must find him guilty”
What the D.A. did NOT mention to the jury was this: THERE WAS NO CO-DEFENDANT!!!” Nobody was convicted with Mr. Thomas in this case. The accused co-defendant was let go and all charges dropped and dismissed. So how is it possible to convict Danny Thomas under the Law of Parties?!?! It takes two or more people to have a party. But, Mr. Thomas was indicted, convicted and sentenced to death for being a “party” of ONE!?!? How is that possible?
Danny Thomas died desperately attempting to leave a party he was dragged to and held against his will by the host (TEXAS) which claims to uphold justice! And now, Mr. Thomas has become another victim of the party that has claimed the lives of so many others. Danny Thomas left the party like he arrived…FIGHTING! And he will be missed, but not forgotten because the Law of Parties still rages on like a rave out of control and his death will serve as a reminder of all those who are held hostage by a host (TEXAS) that refuses to admit that the party is over!!!