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Odell Barnes
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The Wrong Man -- The Odell Barnes Affair
Case account by Michaël Charlton, Philip Wischkaemper and Gary Taylor, Attorneys.
Edited by Stormy Thoming-Gale
Introduction
Thirty-one-year old Black American Odell Barnes was sentenced to death May 25, 1991,
for the murder of his friend and lover, Helen Bass. Although he has continually maintained
his innocence, Odell Barnes has been on Texas' death row for nine years. All of his legal
recourses have been rejected. The United States Supreme Court examined his last filed
appeal in early October 1999. That appeal was rejected on November 4, 1999 and a date for
Mr. Barnes' execution was to be fixed within 90 days of that date.
Mr. Odell Barnes now has an execution date set for March 1, 2000. Unless something
happens to prevent it, our country may be killing yet another innocent person.
Odell Barnes was condemned to die at the end of a hasty prosecution marked by a botched
police investigation. Mr. Barnes' state-designated attorney openly admitted his
incompetence. He neglected to call several key witnesses to the stand and defended Mr.
Barnes without taking advantage of court-ordered appraisals that were indispensable to his
case. Both the judge and prosecutor had been elected by a pro-death penalty population.
The prosecutor hand-picked the jury from this same electoral population. All of these
together should be enough to justify canceling the death sentence as well as enough to
order a new trial. Still, the most important question is: Why has Barnes' guilt never been
proven -- much less demonstrated? Is this just another case of a prosecutor's quest to
"win at any cost?"
The Crime
In Wichita Falls, Texas, on the night of November 29, 1989, Ms. Helen Bass was
murdered. She was killed in her own house by a shot to the head after being beaten, then
stabbed with a kitchen knife. Long-time friend and former sister-in-law, Sharon Mergerson,
discovered Ms. Bass on November 30, 1"
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