Schonemann also obtained an interview transcript and statements written by the state's principal witnesses against Spence, Gilbert and Anthony Melendez, both of whom agreed to testify against Spence in exchange for life sentences. But when Schonemann compared the state's early interviews of the Melendezes with subsequent statements and testimony, he noticed critical differences in the latter that patched up inconsistencies in the state's case.

Where Gilbert Melendez initially told detective Truman Simons that the killers had transported the bodies of the victims in Spence's white station wagon, when Simons learned that Spence bought the white station wagon after the murders, Melendez revised his statement, correctly identifying Spence's car as a gold Chevy Malibu. Because the Malibu had only two doors, Gilbert also revised his initial statement that Spence had approached one of the victims "by the back door" of his car. The new statement had Spence approach the victim "on the passenger side in the back seat."

Still other problems with Spence's car arose after the FBI dismantled the Chevy and found no evidence that the bloodied victims had been transported in it as Simons' witness had initially claimed. According to Gilbert, "they [the state] didn't like the car because [it] didn't seem logical that you could put three bodies in a car and not find bloodstains or anything ... "

So Gilbert again changed his testimony, claiming the bodies were moved in Gilbert's truck. But the defense was able to produce Gilbert's mechanic, who testified that the truck was on blocks and inoperable on the night of the murders.

Similarly, Gilbert revised his statement concerning the time he and Spence supposedly arrived at Lake Waco. Initially, Gilbert said they'd arrived at 11:30 p.m. But that couldn't be true, because the gates to the park closed at 11 p.m. In order to allow the assailants enough time to get to the park, commit the murders, and move the bodies from one part of the park to another, Gilbert moved up the time of arrival by an hour and a half.

But perhaps the most bizarre change in testimony involved the apparent contradiction between Gilbert's earlier statements describing how the victims had been "screaming" and "hollering" during the murders, and the fact that the victims were found gagged. Actually, Gilbert testified, the victims were gagged after they were murdered.

Gilbert Melendez later testified, against the advice of his attorney, that he had fabricated the case against Spence. Melendez said Simons had promised him that he would be given immunity from prosecution if he went along with the scam (Simons could not be reached for comment). Tony Melendez said in an affidavit that he'd confessed because he feared that if he didn't, he would be executed.

The Fifth Circuit Court of Appeals found that the Melendez brothers' recantations lacked credibility, reasoning that no one would willingly subject themselves to a life sentence for a crime he didn't commit. But there have, in fact, been several proven cases in recent years of innocent men who confessed to murders they didn't commit after police intimidation. Furthermore, the recantations were not risk-free: By changing their testimony, the Melendez brothers subjected themselves to the capital murder charges they had hoped to avoid.

They were also not the only ones who changed their stories. Two of the state's jailhouse snitch witnesses later claimed they had fabricated their stories in exchange for favors from Simons. One, Jesse Ivy, signed an affidavit in which he said: "You could say that Truman Simons and [district attorney] Ned Butler put the facts of the case in my mouth, and I put them into the mouths of the other guys in the jail." Ivy claims he was given conjugal visits with his wife in return for his cooperation.

Another inmate who had testified against Spence signed an affidavit saying he knew Ivy's story was fabricated. "We all fabricated our accounts of Spence confessing in order to try to get a break from the State on our cases," said Robert David Snelson. Although testimony by jailhouse informants is highly suspect to begin with, and recantations may be viewed in a similar light, it is also true that in recanting, these witnesses may subject themselves to prosecution for perjury.

Schonemann believes the state of Texas executed an innocent man. But he insists a condemned individual should not have to prove his innocence to have a death sentence commuted by a governor. "The governor had a lot more information available to him than the jury, and there is no way a rational person looking at it would believe Spence was guilty beyond a reasonable doubt," he said. "The standard for a governor should not be less than for a jury. If there's significant doubt, he should commute. We're not asking that he let him go home."

Was Bush at all disturbed by the questions Schonemann raised? Did he have any lingering doubts whatsoever about Spence's guilt? Or did he discern anything in the record that might suggest a violation of Spence's due process rights? Apparently not. In response to a reporter's inquiries about how the governor made his decision to send Spence to the death house, Bush's deputy counsel, Stuart W. Bowen, sent a four-page letter noting that both the Fifth Circuit Court of Appeals and the Texas Board of Pardons and Paroles had rejected Spence's claims.

"In reviewing requests for reprieve, the Governor examines whether the applicant has had full access to the courts and whether there exists any credible new evidence indicating that the applicant is innocent," Bowen wrote. "Spence's application failed to meet these standards of review, and thus his application was denied."

Although Bush's "standards" suggest a genuine openness to appeals based on innocence and due process, in practice what Bush and his lawyers seem to require from those on death row is absolute proof of innocence. Such a standard applied in a court of law would, of course, be viewed as un-American, undermining one of the most fundamental precepts of our justice system. Although juries may not condemn a man unless they are convinced of guilt "beyond a reasonable doubt," a governor may sign off on a death warrant without applying any standard or even looking at the case.

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