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LEAD-IN BY HOST: As this session of the Texas Legislature draws to a close, some death penalty reformers are referring to the 2003 Legislative Session as one of "missed opportunity." Staff attorney for the Texas Defender Service Andrea Keiland has closely monitored legislation involving the Texas death penalty system from the state capital. Earlier today, KPFT reporter Eric Thompson spoke with Ms. Keiland from Austin. INTERVIEW: Thompson: With respect to politics and the Texas death penalty, can you give me a recap with what has happened during this legislative session? Keiland: "This legislative session has been about missed opportunities. The Texas Legislature failed to enact a life without parole option, despite overwhelming public support for that option for jurors. They failed to move a moratorium bill, they even turned down a bill that would just study the death penalty in Texas and see if it's applied in a fair and reliable manner. They also failed to enact legislation which would put our state in compliance with the Supreme Court's decision regarding executing the mentally retarded." Thompson: Obviously, setbacks were suffered for those pushing for a moratorium on capital punishment, but can you talk with me about where ground was gained? Keiland: "There was no gained ground on this front. In fact, we might be on the verge of moving in the opposite direction. And there has been a bill filed by representative Terry Keel [sic?] of Austin which would expand the death penalty to cases involving terrorist threats. So all of the measures that would lead Texas to take a more cautious approach to the death penalty, to take a step back, evaluate whether we're doing this accurately, fairly, without racial discrimination or economic discrimination. None of those measures advanced to the point of being passed." Thompson: The Supreme Court recently handed down a ruling in Atkins [sic?] vs. Virginia which dealt with the execution of inmates who are mentally retarded. What should our listeners know about this ruling? Keiland: "Well, Atkins [sic?] vs. Virginia ruled that it was cruel and unusual punishment to sentence to death and execute someone who has mental retardation. And the rationale behind that as followed by a number of other states before Atkins [sic?] came out was that ... because that people with mental retardation have a lower capacity for appreciating what they are doing and controlling their behaviors. And they're sort of similar to children in their mental abilities. But it's just wrong to execute those people, and they should be a class of people who are sentenced to life in prison instead of being put to death. And as you know last session, Texas did not agree that inmates with mental retardation should be spared from the death penalty despite legislation that was passed that was vetoed by Governor Perry. So, this session bills were pushed, one by Senator Ellis which would allow for a fair and clinical determination of whether a person has mental retardation. That decision would be in front of a judge or a jury before the trial, which would be a fair, clinical way and a financially responsible way to evaluate whether someone's even eligible for the death penalty. And that bill did not advance and so we're without any legislation on that issue as well." Thompson: Ms. Keiland, what is the next logical step for our listeners who are concerned about this issue? Keiland: "I think we continue to do what we've been doing. And that is public education. Reform happens as a result of people being aware of problems. And people need to contact their legislators and make it clear that though people in Texas support the death penalty, that they want it to be applied in the utmost of fair ways. And that people in this state are not going to tolerate innocent people being put to death, they're not going to tolerate widespread attorney incompetence or racial discrimination. And that they want an option like life without parole that just makes sense." Thompson: Ms. Andrea Keiland, staff attorney for the Texas Defender Service ...[Ms. Keiland was ] in Austin, Texas ... thank you very much. Eric Thompson, KPFT News, Houston. E-mail Eric Thompson at indymedia_eric_s_thompson@hotmail.com . This story was broadcast on May 30, 2003.