Texas prison system bans spiritual advisers from death chamber

Texas prisons should allow clergy in the death chamber, one letter writer says. Texas prisons should allow clergy in the death chamber, one letter writer says. Photo: Pat Sullivan, STF / Associated Press Photo: Pat Sullivan, STF / Associated Press Image 1 of / 24 Caption Close Texas prison system bans spiritual advisers from death chamber 1 / 24 Back to Gallery

Less than a week after a condemned prisoner won a last-minute stay from the U.S. Supreme Court because prison officials wouldn't let him have his Buddhist spiritual adviser in the execution chamber, the Texas Department of Criminal Justice has retooled its execution policy to ban all chaplains from the room.

One of the last surviving members of the notorious "Texas 7" crew of prison escapees, Patrick Murphy was scheduled to die on Thursday. Just before the death date, his attorneys filed an appeal based on claims of religious discrimination - and the high court called off the execution.

Though a spokesman said it's "common" for prisoners to request chaplains in the room at the time of death, the new policy only allows them to watch from outside, a shift that sparked immediate pushback from the defense.

"I doubt I am the only person who finds it especially surprising when state officials from Texas exhibit such hostility to religion," said Murphy's Houston-based attorney David Dow, "even if those religious people happen to be on death row."

As a Buddhist convert, Murphy argued that he needed a spiritual adviser in the room to help him focus his thoughts on Buddha at the time of his death so that he could be reborn in the Pure Land. But prison policy only allowed department employees - which include Muslim clerics and Christian chaplain - in the execution chamber. Everyone else had to observe from outside.

LAST-MINUTE APPEAL: Dallas death row prisoner files appeal over trial attorney’s ‘racist ideology’

So when Murphy asked to have a spiritual adviser of his choosing in the room, the prison system said no - and the condemned man took it to court, delaying the death protocol as the justices weighed their options late into the night. Two hours after he was to be executed, the high court ruled in his favor.

"As this Court has repeatedly held, governmental discrimination against religion — in particular, discrimination against religious persons, religious organizations, and religious speech — violates the Constitution," Justice Brett Kavanaugh wrote.

"The choice of remedy going forward is up to the State. What the State may not do, in my view, is allow Christian or Muslim inmates but not Buddhist inmates to have a religious adviser of their religion in the execution room."

Two justices - Clarence Thomas and Neil Gorsuch - dissented.

But the court victory didn't mean Murphy would be spared the ultimate punishment forever; it just meant that his religious discrimination claims could move ahead in court, unless the Texas prison system took steps to resolve the problem.

One choice would have been to allow other spiritual advisers in the room at the time of death, but instead the prison system chose to rewrite its protocol so that no spiritual advisers are in the room. Now, only prison security staff can be in the death chamber. Religious advisers are still allowed to observe from the witness rooms just outside, and can consult with the condemned in the hours before the scheduled lethal injection.

The change is effective immediately, officials said.

"Only TDCJ security personnel shall be permitted in the execution chamber," spokesman Jeremy Desel said in a statement. "TDCJ Chaplains and Ministers/Spiritual Advisors designated by the offender may observe the execution only from the witness rooms."

But Dow questioned whether the policy shift really comported with the court's decision.

"They did not read Justice Kavanaugh's opinion very carefully," he said. "He was not concerned just about Buddhists. He was concerned about the targeting of religious belief generally, and the new policy does not acknowledge that concern in the least."

He also raised concerns about whether shifting policies could open the door to more inequitable treatment, calling the protocol "arbitrary" and "unguided."

"The prison could now proceed to execute all the Buddhists, Muslims, and Jews, and then change the policy back to what it was before," he said, "and permit a Christian chaplain in the chamber, and then move forward executing Christians."

SIXTH TIME: Execution date set for convicted Montgomery County killer Larry Swearingen

The Dallas County man at the center of the issue was originally sentenced to die after a prison break and weekslong crime spree that ended in the slaying of a North Texas cop.

In December 2000, Murphy was already serving a 50-year sentence for sexual assault when he and a group of desperate prisoners broke out of the Connally Unit outside of San Antonio. They took civilian workers, guards, and fellow inmates hostage before taking control of maintenance, and then of a guard tower.

After loading up with stolen weapons and other goods, they drove out the gate in a prison truck. First they fled to Houston and pulled off two heists before driving north toward the Dallas area, where they decided to rob an Oshman's sporting goods store. Murphy played lookout, staying on the other side of the building and never firing a shot. But in the end, the escape crew killed Irving police Officer Aubrey Hawkins, the first man to respond to the scene.

The seven prisoners fled to Colorado, where they posed as Christian missionaries until they were captured a month later. One killed himself rather than be captured, and the other six were sentenced to death. Aside from Murphy, only Randy Halprin is still alive in prison.

NEWS WHEN YOU NEED IT: Text CHRON to 77453 to receive breaking news alerts by text message | Sign up for breaking news alerts delivered to your email here.