Execution Life and Death Row


Execution

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Lieutenant Stuart Alexander died an immediate death. He was struck

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and killed by a suspect fleeing in an SUV.

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When they finally let me see him in the hospital he asked me,

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"Mom, he said that I killed a police officer."

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I said, "Yes, baby, he died."

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And tears just started running down his eyes.

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He said, "Mom, I couldn't see."

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How could he have done it on purpose? He was trying to get to me.

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He wasn't trying to...kill anybody.

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He was trying to get to me so that they could arrest him there with me.

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It all began when an officer spotted Daniel Lee Lopez driving

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dangerously and tried to pull him over.

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Lopez appeared very agitated and when the officer attempted to detain

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him, the suspect attacked the officer, punching him several times.

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After a brief struggle, the suspect re-entered his vehicle and sped away.

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It was my husband's birthday and so when the phone rang, I thought

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that's what they were calling about.

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He told me, "Mom, I'm being chased by the police."

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I said, "Daniel, be quiet, it's not true."

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All of a sudden I just heard all these sirens and I said, "No,

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"Daniel, no, you need to pull over, you need to pull over."

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He said, "Mom, if I pull over now they're going to kill me,

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"they're going to kill me."

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I finally convinced him to come to my house

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so that they could arrest him there.

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And he wouldn't be hurt.

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We got up on to State Highway 358...

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..and his speed started to increase.

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Once we started approaching Agnes, Daniel Lopez made a directional change to the right.

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I was directly behind Daniel Lopez's vehicle at the time.

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I could see Lieutenant Alexander out in front of me.

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We were approaching him. We were probably doing right around 80mph.

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The distance was closed fairly quickly.

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Police say Alexander was in the grass along the shoulder laying

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out a spike strip which deflates the tyres of cars being pursued.

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And I remember thinking to myself, you know, "Holy crap, he's going to hit the Lieutenant."

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And then all the sudden it was like, boom.

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Daniel Lopez swerved to the right and struck Lieutenant Alexander.

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It was a direct, purposeful movement to the right.

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I see Lieutenant Alexander flying through the air,

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his legs flailing and his body flailing.

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And then I remember him laying in that grassy areas right there.

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I knew that we were going to chase him, then,

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till the end of the earth.

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Moments later, the SUV was boxed in and after ramming several police

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cars, officers opened fire, hitting him twice in the shoulder and arm.

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Bleeding from his wounds, Lopez was then finally handcuffed

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and put in the back of a patrol car while other officers stood by.

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I want everybody to understand we will do everything possible

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to make sure that somebody like this is sent away for ever.

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I have received numerous letters from Daniel.

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The majority of them have been, "Why is it taking so long?"

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I see things way different than people back here.

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If I would have never tried fleeing, the officer would have never died.

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So it's partly my fault, too, you know,

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even though it was never intentional, it was partly my fault

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and, you know, I'm just being a man

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and I'm going to accept my punishment and I'm ready.

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It is the first time in my career as a judge that

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I have set the execution date

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so, yes, it's a big moment -

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one that is not taken lightly.

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The reason there has been no post-conviction appeals is

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because Daniel Lopez waived them.

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Sometimes some of these appeals, the post-conviction appeals, will take

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15 to 25 years and people are on death row for that length of time.

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Daniel has consistently maintained that he does not want to

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prolong the appellate process.

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He wanted to waive all of the appeals,

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"Just get me up there to the Polunsky Unit and execute me."

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If there was an indication that he had a change of mind,

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I would immediately appoint an attorney to file whatever

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that would be necessary to at least start that process.

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So, would the execution go ahead?

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At that point, I would imagine there would be a motion to stay

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the execution to pursue this matter.

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As the days get closer, it gets harder and harder.

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He just expects me to go there and be happy, you know,

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and be there and be happy because he's finally going to be with God

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but I am, you know, glad that he is, you know, not going to be

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suffering any more but I'm not glad that he's going to be gone.

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He doesn't know that I'm depressed.

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He doesn't know that I don't go nowhere.

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He doesn't know that I don't do anything.

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He thinks I'm the same...

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as when he went in.

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You know, I've told him, "We can still fight this,

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"We can still fight this," but he says no.

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He says, "Mom, you have a chance, I don't.

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"I don't have a chance."

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He just has that in his head that there's no way out.

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Some moms might judge me for saying this

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but sometimes I think maybe Daniel should have died that night.

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It would have been easier, you know,

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for him to die that night... because...

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You know, having to go through this, it's like you're having

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a funeral over and over and over and over again, you know. It's...

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It's just taking the life out of me, you know.

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And I don't know how much more of this I can take.

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'I just see the appeal process as a waste of time.'

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I see people back here with way more greater issues than me

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and they are still back or they've been executed already.

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I don't want to give myself false hope, give my family false hope...

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And also prolong this, prolong this...my time here, right?

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The victim's family wants me dead, you know what I'm saying?

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They want me dead. Their closure is going to be when I'm dead.

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That's what they want, so my side, my family, it hurts them

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to see me here. Day in and day out, you know what I'm saying? When am I going to get executed?

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Am I going to get executed this month, this year, next year?

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I want them to move on. I want them to carry on their lives instead of being stuck back

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six, six and a half years ago at this incident and keep thinking,

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"Oh, my son's on death row." "Oh, my brother's on death row."

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"My baby daddy is on death row," you know what I'm saying?

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I'm seeing the bigger picture, they're not,

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they're just seeing me getting killed, that's it.

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We're going out to the site where he was killed.

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And, er...to me, that's where his soul left the Earth.

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Any child that's raised in Texas knows that if you kill a cop

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they're are going to go after you with the death penalty.

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I mean, that's just hand-in-hand.

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As a society, a society needs rules, they need laws

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to exist as a safe society,

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I mean, this is someone who took someone else's life so they,

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you know, have a total disregard for another human being's life.

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You can't have people like that walking the streets, I mean,

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you just can't.

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On the night Stuart was killed we go to Spohn Memorial Hospital.

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I hear my son, "Mom, Mom, Mom!" and I look up and my son's

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running towards me and he has the hospital chaplain right behind him

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and he's screaming, "He's gone, he's gone," and I go, "Who's gone?"

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And he goes, "Dad. He's dead."

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I said, "No, he's not, I didn't get here, he's not."

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And he goes, "Mom, he's gone."

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When I walked in the room, he was in there

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and so I laid my head on his chest.

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I was talking to him.

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And I asked him not to leave me.

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It's been over six years

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but that's rather quick actually for an execution.

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I have nightmares now that we're going to get there

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and he still has the right up to the last second to say,

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"No, I change my mind, I want my appeals." He can do that.

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And maybe that's what he has planned, I don't know.

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I'm struggling, you know, this is not easy by any means.

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At least I will know that he's... he can't hurt anybody any more

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and that's what my husband would want, too.

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So...

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I like to, any time we follow a major pleading for anybody,

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take it up there as soon as possible and go through it with them

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if that's something that they want, you know, and answer any questions.

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I think he'll probably say, "Thanks,

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"I appreciate you running this up here.

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"You know, I hope that you're not successful with it."

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And I'll say, "Yeah, I know."

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Since the trial he's just been trying to drop or give up

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all of his appeals so the State can just immediately execute him.

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I think he's concerned about...

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what, you know, his mom feels going through this

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and doesn't want to prolong any of this for her

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and I think he's concerned about what it's like for his children to

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grow up with a dad on death row.

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I think he'd express to you that he's frustrated it's taken so long.

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You know, if he's competent to make that decision then that's,

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you know, as much as someone like me might disagree with it,

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that's a decision that he's entitled to make.

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If your decision to waive your appeals is a product of mental

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illness, then a court should find that you're not competent to

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make that decision to waive your appeals and so that's what

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all the pleadings that we filed for Daniel are about, really.

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Most guys want to fight.

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They want to raise any good claims that they have

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and I think Daniel has some great claims, especially related to the

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fact that he didn't intentionally or knowingly kill Officer Alexander.

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I wish that Daniel Lopez was... was on board with that.

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That he felt that his life was something that would deserve that.

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That his life was something that's worth fighting for.

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We've got the execution date in place.

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And I think it's probably very likely that that'll be the day that

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we learn whether or not the Supreme Court grants our petition, you know.

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And if that's...if they do grant the petition, then Mr Lopez won't be

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executed that day, but if they deny it, then I think he'll

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probably be executed after six o'clock on August 12th.

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You know, my daughter, right now, is back in my life

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and, you know, the more she grows up the more attached she gets with me, right,

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and the more we see each other, the more we bond and so to

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prolong it would just strengthen our bond and when it's finally time

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for me to go, it's going to hurt way worse than it is now, right?

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It's just...it's just going to be so much painful for both of us

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and maybe other kids out there start coming to see me

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it's going to be so much painful

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and I'm going to be taken away from them than I would be now.

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Like one of my kids, she is only, like, five and a half years old

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and she don't even know me, you know what I'm saying?

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Maybe within three years she will start to get to know me,

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you don't think that's going to hurt her?

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I think the best time for me to go is now instead of delaying the pain for all of us.

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One, two, three, four, five, six, seven, eight, nine, ten.

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Do you know why he went to prison?

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-Yeah.

-Why did he go?

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I feel like he thinks that nobody cares for him.

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He feels lonely.

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You know, he told me that he loves for us

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to go visit him more often and...

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..I'm trying so hard to...

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to get him to appeal...appeal it.

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I mean, at least for her sake...

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you know,

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so he could see her grow.

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I regret not coming before.

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I feel like the reason why he wants to go along with this execution -

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I wasn't there for him.

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When I was about 18, we got together.

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And...

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Mariah came along.

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And then we ended up splitting apart for, you know, little issues we had.

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Daniel loved me a lot, I know that.

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I want to get that appeal.

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When you want something, when you put that energy out there,

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you're going to get it. I'm putting that energy out there.

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So...

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I'm going to get it.

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Lord, we come to you today. Pray for Daniel Lee Lopez.

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He knows where he's going, Lord, he knows he's a child of God,

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that's why he asked all appeals to be stopped.

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But, Lord, I pray for his mother.

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Oh, Lord, I'm praying for his mother and for his sister.

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This is so difficult for them, Lord.

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I pray that the people in this church will be praying for the next

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month, the last month of his life. In the name of Jesus we pray. Amen.

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He asked me to please support his position of wanting to die.

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I was shocked. I didn't know that he would ask me.

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So I said, "Well, Daniel, I have to go home and pray about it

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"and I'll let you know.

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"I can't say right now one way or the other."

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So I did, I came home and I prayed about it and prayed about it

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and God was saying, "It's OK. You can support him."

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And I think I'm the only one.

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Joyce wants Daniel to live no matter what, she really does.

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But after talking to Daniel and listening to Daniel

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and, because I feel like I know Corpus Christi

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and I know the police force, there is a respect

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for the police force here.

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And because this was a well-respected policeman,

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I don't believe he would ever get acquitted.

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I don't believe they would ever find him innocent.

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If I thought involuntary manslaughter, then

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I would just be up there getting him to fight, fight, fight but I don't

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believe that our police force is ever going to allow that to happen.

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Maybe the only thing they would change it to is life without

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chance of parole and he does not want that.

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The death penalty, people say that Texas uses it too much sometimes

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and I tell them,

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"Man, we kind of narrow the cases.

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"Very few cases can even get the death penalty.

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And they're the worst of the worst

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and Daniel Lopez was the one the death penalty was designed for.

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We can't have people like that in our community.

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From the very start when I first saw him in jail...

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he said, "Mom, I'm not going to fight this."

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He said, "Once you kill a police officer,

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"you're not never coming out.

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"They're never letting you out of jail."

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Two police officers say I intentionally swerved towards him.

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When there are police officers testifying against somebody

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like me, you know, I'm just a lowlife drug dealer

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and a lowlife criminal, right? So when the jury's seen this,

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they're seeing this lowlife criminal compared to these dedicated

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police officers testifying, who are you going to believe?

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You're going to believe the police officers.

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I'm responsible for giving a wrong reaction.

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I'm responsible for fleeing.

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I'm responsible for being part of his death.

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I'm responsible for his death, that's what I'm responsible for

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but I'm not responsible for intentionally killing him.

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It was pretty easy to show the motive to the jury.

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After getting all these officers, chasing him,

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fighting with the officers, running him off the road,

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here's one laying right in front of him

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and he's got the capacity to stop

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Daniel Lopez with these spike strips.

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To me, he was just an officer that was in his way to escape.

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If you make that decision, you make that decision.

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It doesn't matter how long it takes.

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Did I think when he started the fight with the police officer

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out on the street that he planned to

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run over Lieutenant Stuart Alexander?

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Probably not.

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But when you're talking about something that

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happened like that, intent can rise in just a second.

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I think it was the...

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..the testimony from eyewitnesses from

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the Corpus Christi policemen.

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He had three lanes of highway to go round this cop, to miss the cop

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but he just kept going to the right, the right, the right.

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Poor man.

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Tried to do his duty, got run over.

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That ain't right.

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You know, looking at the kid in the courtroom,

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he didn't look like a monster but they made him...

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You know, when they tell you the history, yeah, he was.

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This isn't a one-time person doing a one-time thing.

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He's got a track record of other crimes.

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He had abused women before, he had sold drugs, he had drugs in his car.

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It was a monumental task for the defence to overcome.

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We, the jury, find you, Daniel Lopez,

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guilty of capital murder of Lieutenant Alexander.

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And it took us about 30 minutes.

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I think he firmly believed that he would be found guilty

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of capital murder in light of the fact that it was a police officer.

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He analysed what his life would be like, he did not want to

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live in a penitentiary for the rest of his life

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and the only alternative was death and, from the beginning,

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consistently, this young man wanted the death penalty.

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I mean, I tried to point out to him that there is life

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in a penitentiary.

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And it may not be the life he wanted but there's life there.

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And good things come out of some people who are in the penitentiary.

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He didn't buy that.

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They subpoenaed me to testify.

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He says, "Mom, I have to get the death penalty,

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"I have to make sure I get the death penalty.

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"If you go up there and you try to defend me

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"and they give me life, it's going to be on your conscience

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"that I'm going to be suffering, living life behind bars."

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So I...

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The words wouldn't come out.

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When I went up there to testify...

0:23:410:23:43

..I couldn't defend him.

0:23:440:23:46

I'm a lawyer and I have a job to do

0:23:500:23:52

and my job was to save his life if I could,

0:23:520:23:55

despite whether or not he wanted me to do it.

0:23:550:23:58

And I made it real clear to him that that's what I was going to do

0:23:580:24:01

and he was not happy with that at all.

0:24:010:24:04

You know, Daniel was almost as much my opponent in the courtroom

0:24:040:24:08

as Mark Skurka was.

0:24:080:24:10

They were both trying to get Daniel Lopez the death penalty.

0:24:100:24:13

And they both did a good job.

0:24:130:24:15

I watched him for two weeks turn around and smile at me

0:24:180:24:21

like it was nothing.

0:24:210:24:24

You know, mock me.

0:24:240:24:26

As soon as they put my husband's picture up, he laughed out loud.

0:24:260:24:30

I mean, he laughed...out loud.

0:24:300:24:33

I think that having Mr Lopez right there in front of us

0:24:350:24:39

in the courtroom where we could see him really hurt the defence's case.

0:24:390:24:43

When we saw him smirking through most of the trial, smiling,

0:24:430:24:48

thinking some of these things were funny.

0:24:480:24:50

He didn't seem to be remorseful about anything he had done.

0:24:500:24:54

He was a jackass in the courtroom.

0:24:560:24:58

I saw this thing like, "OK, big deal, ran over a cop, big deal."

0:24:580:25:04

All this terror and destruction he had left in his wake,

0:25:040:25:08

he didn't seem to be too perturbed by it

0:25:080:25:10

and I think that was his mind-set his whole life.

0:25:100:25:14

Another thing to bear in mind, too, is they did,

0:25:140:25:17

before we went to trial, offer to let him plea to a life sentence.

0:25:170:25:22

He had the chance to avoid being executed

0:25:220:25:24

and had no interest in it at all.

0:25:240:25:27

I think he laughed when I told him they were offering him

0:25:270:25:30

the life sentence and that he ought to take it and he had...

0:25:300:25:35

It wasn't like he thought about it, I mean,

0:25:350:25:38

it was not something he was considering at all.

0:25:380:25:40

I feel like I'm paying for...for...for...

0:25:400:25:45

the crime that they convicted me of. I feel like I'm paying for that.

0:25:450:25:49

And I feel like I'm overpaying for what really happened.

0:25:490:25:53

I don't blame nobody. This situation is not a blame game.

0:25:530:25:57

I got myself here, the only person I can blame is me.

0:25:570:26:01

So...

0:26:010:26:03

To me, the whole case turned on this fact

0:26:030:26:07

and if it had been hammered with an expert saying the same thing -

0:26:070:26:11

here's a 21-year-old, he has got a ton of police cars chasing him,

0:26:110:26:16

I mean, the sirens, you know,

0:26:160:26:18

huge chaos, you can imagine the tension, OK?

0:26:180:26:23

They lay out the strips, Daniel avoids the strips, OK?

0:26:230:26:29

He is caught up in the scene and he avoids the strips.

0:26:290:26:33

The police officer then decides to do a second strip.

0:26:330:26:37

That all came out in the courtroom, OK? They throw the second strip.

0:26:370:26:41

Daniel avoided again but, this time, he went up on the median

0:26:410:26:45

and there was a police officer there.

0:26:450:26:47

Now, did he intentionally - "I see a police officer,

0:26:470:26:49

"I'm going to kill that police officer,"

0:26:490:26:52

or did he do what he did before being chased by all

0:26:520:26:55

these police officers, boom, he avoided it?

0:26:550:26:59

To me, that's the whole case right there.

0:26:590:27:02

It's the whole case.

0:27:040:27:05

But Daniel got the punishment he wanted.

0:27:070:27:11

I think he would have...

0:27:110:27:12

I don't know what Daniel would have done

0:27:120:27:14

if the jury had said life without parole.

0:27:140:27:17

Because he was so emphatic so early on...

0:27:200:27:23

..that he wanted to be executed.

0:27:240:27:28

Because he didn't want to live like that.

0:27:280:27:30

He was aggravated this time, more so than normal,

0:27:520:27:56

about the documents being filed.

0:27:560:27:58

It was a very short meeting.

0:27:580:27:59

He was definitely a lot more nervous,

0:28:020:28:05

a lot more on edge than I'm used to seeing him.

0:28:050:28:07

I think it's probably just because, you know, it's getting closer

0:28:070:28:10

and closer to August 12th.

0:28:100:28:11

I just really think that he's wanted to die since he was a little kid.

0:28:160:28:21

You know, we've got medical records that have become a part of,

0:28:210:28:25

you know, the pleadings related to him

0:28:250:28:28

trying to waive proceedings that demonstrate that he's been

0:28:280:28:31

trying to kill himself since he was ten years old.

0:28:310:28:34

And I think that his trying to waive this appeal right now is just him

0:28:340:28:39

still trying to kill himself, you know.

0:28:390:28:42

20 years later, 18 years later from the first time he tried to.

0:28:420:28:46

When he was nine years old, he just went to his mom's bathroom

0:28:460:28:50

and took 20 pills.

0:28:500:28:51

I don't think they ever figured out what the 20 pills were

0:28:510:28:54

but he was trying to kill himself then.

0:28:540:28:56

Months after that, she found him in a bathtub holding a knife

0:28:560:29:00

up to his wrists.

0:29:000:29:02

You know, there's been at least two different occasions when

0:29:020:29:05

he was a teenager when he tried to kill himself with poisonous snakes.

0:29:050:29:08

I mean, that's what his childhood was like.

0:29:080:29:10

You know, just a deeply, deeply troubled boy.

0:29:100:29:13

My biggest regret is giving them to their dad.

0:29:200:29:24

That is my biggest regret.

0:29:240:29:26

I was pregnant with Daniel when I left Rick.

0:29:290:29:32

And we didn't see him again for four years.

0:29:320:29:35

And then, for some reason, Rick came back into our life

0:29:350:29:37

and he kept nagging and nagging, "Give me the kids, give me the kids,

0:29:370:29:40

"they'll be better off, you can go to school,

0:29:400:29:42

"you can get a better job."

0:29:420:29:45

I've been disabled since I was 20 and I was having to walk them

0:29:450:29:48

to school in the cold and the rain and, well,

0:29:480:29:52

dummy me, I trusted him and...

0:29:520:29:55

I signed the papers but I didn't know I was signing them over,

0:29:550:29:58

I thought it was joint custody.

0:29:580:30:01

But it wasn't joint custody.

0:30:010:30:03

It was just, you know, him having custody and I had visitation rights.

0:30:030:30:07

I didn't find out till years later that he had been, you know,

0:30:090:30:13

abusing them and abusing them and abusing them.

0:30:130:30:15

And every time they would tell me something, I would take them to CPS,

0:30:150:30:18

but the kids wouldn't talk,

0:30:180:30:19

cos they didn't want to hurt their father.

0:30:190:30:21

They didn't want to see him behind bars.

0:30:210:30:22

They didn't want to...you know...

0:30:220:30:26

hurt him in any way, cos they loved...

0:30:260:30:28

You know...they loved him.

0:30:280:30:30

As far as rough life, I had the worst one.

0:30:330:30:36

I've been through hell.

0:30:360:30:38

Maybe I'm carrying that...

0:30:380:30:39

that anger, you know, the anger.

0:30:390:30:41

The anger.

0:30:410:30:42

When I get mad, I go to the back and...

0:30:440:30:47

start hitting the tree, or whatever.

0:30:470:30:49

I cut myself.

0:30:490:30:51

Just...

0:30:510:30:52

Not hurt nobody, you know.

0:30:520:30:54

Not to hurt nobody, you know.

0:30:540:30:56

I was strict, yeah, I was strict.

0:30:570:30:59

But I was strict for them not to be messing up in life.

0:30:590:31:02

But every time they were straightened out,

0:31:020:31:04

they'd go to Mom, they come back backwards.

0:31:040:31:07

They hated me, they wish I was dead.

0:31:070:31:09

I mean, whoa, you know.

0:31:090:31:12

That's pretty bad.

0:31:120:31:13

A couple of years ago when Daniel was trying to drop all his appeals

0:31:150:31:20

and his father was trying to make him, you know,

0:31:200:31:23

the lawyers pick the appeals up,

0:31:230:31:25

and Daniel said that that was just making him get more time in jail.

0:31:250:31:28

And he sent me a letter

0:31:300:31:31

and told me to find his father and give him the letter.

0:31:310:31:35

And that's when I found out all the stuff he had done to him

0:31:350:31:38

when he was little.

0:31:380:31:40

I... I got the letter somewhere.

0:31:400:31:42

I said, you know what, "What are you talking about?"

0:31:420:31:46

I mean, yeah, you're down.

0:31:460:31:48

Yeah, I used to spank you.

0:31:480:31:50

When I... Before I got locked up.

0:31:500:31:52

The time-outs?

0:31:520:31:54

I mean, that's a new one for me.

0:31:540:31:57

Tie them down? No.

0:31:570:32:00

INTERVIEWER: I think it was tied...

0:32:000:32:01

He said there was some cables when they used to wet the bed...

0:32:010:32:05

with electricity?

0:32:050:32:06

No. No, no, no, no.

0:32:060:32:08

My gosh, that's insane!

0:32:080:32:11

That's... I was a POW.

0:32:110:32:14

If I was in war, yes, I would do it. If I had a prisoner.

0:32:140:32:17

But my kids were not prisoners.

0:32:170:32:19

They were on my side.

0:32:190:32:21

Even though Teri tried to separate that, I never gave up on that side.

0:32:210:32:25

I've read the psychological reports, he... He gave me copies.

0:32:270:32:30

There are a lot of things that went on,

0:32:320:32:34

that we hoped the children would never, ever,

0:32:340:32:37

ever have to go through.

0:32:370:32:38

And the trial, you know, they wanted to put his parents up on the stand

0:32:390:32:44

and make this psychological report known.

0:32:440:32:47

And he just refused.

0:32:470:32:49

He didn't want...all that.

0:32:490:32:52

Just anything brought out about his family life.

0:32:530:32:57

He said, "I was an adult when I did this.

0:32:570:33:00

"I was an adult.

0:33:000:33:02

"And I was responsible for myself."

0:33:020:33:05

We used to be best friends out there, me and my mom.

0:33:070:33:10

Every now and then she would just call me, pick me up,

0:33:100:33:12

and we would go to the pier and just walk down the pier together.

0:33:120:33:15

We had fun.

0:33:150:33:17

INTERVIEWER: And your dad?

0:33:200:33:22

Um...

0:33:250:33:26

I really don't know.

0:33:300:33:31

I mean, I love him, and you know...

0:33:310:33:34

All his kids really forsaken him and I was the only one.

0:33:340:33:37

I still had love for him,

0:33:370:33:38

no matter how he treated us when we were young.

0:33:380:33:41

I've always tried to be there for him,

0:33:410:33:43

but I guess I didn't do it enough, that's why...

0:33:430:33:46

That's why he don't want to come see me, I guess. I don't know.

0:33:460:33:48

So...

0:33:480:33:49

# I opened the gates up

0:33:540:33:57

# Hey, screw, did you miss me?

0:33:570:34:01

# Jimmy, I see that you've found a new friend

0:34:010:34:05

# Warden, come down here and kiss me hello

0:34:080:34:14

# Cos I'm back home in Huntsville again. #

0:34:140:34:19

-RADIO:

-Thank you for tuning in tonight.

0:34:210:34:23

You are listening to The Prison Show on 90.1 QPFT,

0:34:230:34:26

let's go to Ashley from Corpus Christi,

0:34:260:34:29

calling for the Polunsky Unit. Ashley?

0:34:290:34:30

Hi, this is for Daniel Lopez.

0:34:300:34:33

I love you and Mariah wants to say something to you.

0:34:330:34:36

Hi, Dad. I miss you.

0:34:360:34:38

I love you.

0:34:380:34:40

I love you, and...love you forever.

0:34:400:34:43

-OK, is that it?

-Yes, ma'am.

0:34:430:34:45

All right, thank you for calling.

0:34:450:34:47

Let's go to Michelle from Austin, calling for...

0:34:470:34:49

The last time we saw him, "So, Dad, when are you getting out?"

0:34:490:34:53

And he just looked at me, and his eyes kind of got a little watery.

0:34:530:35:00

He said, "Why don't you ask Mommy when I get out?"

0:35:000:35:02

I could read him, and he don't want the execution.

0:35:040:35:08

He don't.

0:35:080:35:09

On one of the letters he wrote me,

0:35:090:35:11

he said that he regrets it.

0:35:110:35:13

He regrets asking, er...

0:35:130:35:16

..for the death penalty, you know.

0:35:170:35:18

And I feel like he really don't... He really doesn't want it.

0:35:180:35:23

I feel... I really feel deep down inside that he don't want it.

0:35:230:35:27

He said he loves me so much.

0:35:290:35:31

Prove it to me. Appeal it.

0:35:310:35:33

Your kids love you and I think he owes it to them.

0:35:330:35:37

It's up to him, he says.

0:35:390:35:41

He says all he needs to do is write one letter to a judge.

0:35:410:35:44

I'm going to call you tomorrow

0:35:460:35:49

and I'm going to tell you he's going to appeal it.

0:35:490:35:51

And...then everything will fall in place.

0:35:530:35:56

These past three weeks has been very, very difficult for me.

0:35:590:36:03

You know, I'm sometimes confused with myself.

0:36:030:36:05

Should I or should I not? Should I, should I not?

0:36:050:36:07

What's best with these decisions?

0:36:070:36:09

If I do this, would it be best for everybody? Or if I do this...

0:36:090:36:12

You know, so I'm like kind of confused, man.

0:36:120:36:14

INTERVIEWER: Who's been coming to visit you these last few days?

0:36:160:36:19

Ashley. Yeah.

0:36:190:36:21

Things are making it difficult for me.

0:36:240:36:26

The decision I made.

0:36:260:36:27

Now that she's started to come visit me,

0:36:290:36:32

she's telling me to appeal it.

0:36:320:36:34

So, it makes me very confused and undecided.

0:36:340:36:38

And it makes it a lot harder.

0:36:380:36:40

It's...

0:36:400:36:41

She just wants me to be here a little bit longer for some reason.

0:36:440:36:47

I know it's for my daughter.

0:36:470:36:49

So, what do I need to do for the next two weeks to stay sane?

0:37:310:37:34

Try to stay busy.

0:37:340:37:35

Cos there's nothing more you can do to prepare.

0:37:350:37:40

We didn't do this to this person, he did it himself.

0:37:400:37:43

OK?

0:37:430:37:44

We're not killing him.

0:37:440:37:46

The State is killing him.

0:37:460:37:48

Is it fair, what we go through, what they put us through?

0:37:480:37:53

Probably for ten years, I was not going to go.

0:37:530:37:57

And, then, for some reason,

0:37:570:37:59

the last couple of years before that I just started feeling like,

0:37:590:38:02

"Yeah, I've got to be there.

0:38:020:38:03

"I just have to be there."

0:38:030:38:05

My husband was killed during a domestic violence call,

0:38:050:38:09

along with the girl.

0:38:090:38:10

And he went to go help.

0:38:100:38:12

It took ten years for him to be executed.

0:38:120:38:15

-Yours was a little bit more, right?

-It was like... Oh, let me think.

0:38:150:38:19

-It was like 12?

-Yeah, 12.

0:38:190:38:21

That's fairly good.

0:38:210:38:24

Yeah, and then yours...

0:38:240:38:26

To tell you the truth,

0:38:260:38:27

when I first found out this one was going to be so fast, I felt bad.

0:38:270:38:32

I felt guilty.

0:38:320:38:34

Even though he's given up that appeal process

0:38:340:38:36

and they went ahead and set the execution,

0:38:360:38:39

if they lay him down and he says "Oh, no, I want my appeals,"

0:38:390:38:41

it stops.

0:38:410:38:43

Is this his way of playing a game?

0:38:430:38:46

I've had nightmares of him

0:38:460:38:48

laying down and looking to start laughing, "Ha-ha-ha, never mind."

0:38:480:38:52

You know, I've had horrible nightmares about that.

0:38:520:38:56

We go up there and...

0:38:560:39:00

We're all prepared and sitting in this room.

0:39:000:39:05

And two hours before, he gets to stay.

0:39:050:39:09

That was three years ago.

0:39:090:39:11

He's still sitting there.

0:39:110:39:12

He's still sitting there.

0:39:140:39:16

-So, is he already in there when they bring you guys in?

-Yes.

0:39:160:39:20

So, like everybody's ready and then the last minute they bring you in.

0:39:200:39:24

They bring you in and then their family in.

0:39:240:39:27

The wall dividing our room and their room is, like, paper thin.

0:39:270:39:33

-Can he see us?

-Yeah.

0:39:330:39:34

-Oh, he can?

-If he wants to.

0:39:340:39:37

Mine looked back and talked to me.

0:39:370:39:41

He did what?

0:39:410:39:42

He turned around and he said "Jennifer, where you at?"

0:39:420:39:44

Like that.

0:39:440:39:46

What did you say to you?

0:39:460:39:47

He just told me he was sorry

0:39:470:39:49

and he didn't know what a great guy Fabian was.

0:39:490:39:52

I mean, obviously, being there on death row is going to make anybody

0:40:520:40:55

more depressed than they were before they got there.

0:40:550:41:00

Obviously, we'd be devastated.

0:41:000:41:01

Obviously... You know, we'd be depressed about the future.

0:41:010:41:06

Obviously, we'd probably have some of these thoughts.

0:41:060:41:09

But, it's...

0:41:120:41:14

I don't see how you can possibly say, though,

0:41:140:41:16

that he is in the same position as any one of us

0:41:160:41:18

cos he has this long, well-documented history

0:41:180:41:21

of being depressed, of thinking he doesn't have any hope.

0:41:210:41:24

And I think it's impossible to say that, for him,

0:41:260:41:29

getting to this point, didn't involve all of that history.

0:41:290:41:32

I don't think it's right, you know.

0:41:340:41:37

I think that if it happens next week, it's going to just be

0:41:370:41:40

a guy who's wanted to kill himself

0:41:400:41:42

since he was at least ten years old...

0:41:420:41:45

..who was able to...

0:41:460:41:47

..shut down any chance of appealing, you know,

0:41:480:41:51

to get the State to do help him do that.

0:41:510:41:53

I'm never going to see this as anything differently.

0:41:530:41:55

He didn't really want to talk about the appeal.

0:42:050:42:09

He said that his lawyer tried to...

0:42:100:42:16

get him to appeal it, too.

0:42:160:42:18

And...

0:42:180:42:20

He said no. He didn't want to.

0:42:200:42:21

He thinks that once he's gone, then the pain stops.

0:42:220:42:27

Which it doesn't. And it's not.

0:42:270:42:29

And it won't. And never will.

0:42:290:42:31

It's too soon, it's too fast.

0:42:360:42:37

I really don't know if it's for him, or for the family.

0:42:390:42:45

But it ain't for me.

0:42:450:42:46

And it ain't for me, and it ain't for Mariah.

0:42:470:42:50

So...

0:42:510:42:52

He's like, "Now you're finally coming to see me."

0:42:560:43:00

And...when he told me goodbye, that was it.

0:43:020:43:05

I don't know how to explain it.

0:43:330:43:35

I love him, cos he was always there for me.

0:43:370:43:39

I love him because he was always there for my son.

0:43:390:43:42

But...

0:43:450:43:47

I don't know.

0:43:470:43:48

It's...

0:43:480:43:50

I hate him, cos he's leaving us.

0:43:500:43:52

He's always talking about, you know, Isaac and Mariah.

0:43:550:43:59

Ashley's Mariah.

0:43:590:44:01

How he loves them.

0:44:010:44:02

But he doesn't want them to get attached.

0:44:040:44:06

He goes, he could appeal it, go another three years, four years.

0:44:060:44:12

I was like, yeah, those three, four years, they could get to know you.

0:44:120:44:16

I don't want him to get the wrong image of his dad.

0:44:170:44:20

Cos he thinks when people are locked up, they're bad.

0:44:200:44:23

My son still doesn't know.

0:44:250:44:27

You know, he wants to come back again and see him.

0:44:270:44:30

The next time you see him, it's going to be at his funeral.

0:44:330:44:35

It'll be his mother and his sister.

0:44:420:44:45

And Ashley, and Joyce, and me there.

0:44:450:44:48

It's not going to be easy

0:44:500:44:51

and I wouldn't have wanted to be there, except that he asked for us to be there.

0:44:510:44:56

He said, "Ya'll my godmothers."

0:44:560:44:59

You're there every month, you've done that for three years

0:44:590:45:02

and, you know, I just want you to be there to know that I love y'all.

0:45:020:45:07

It's just so much to think about.

0:45:090:45:12

We know what's going to happen...

0:45:120:45:15

whether we like it or not.

0:45:150:45:17

We know this is what he wants.

0:45:170:45:19

We know we're going to see him in heaven,

0:45:190:45:22

but it's always the hardest on the ones that are left here.

0:45:220:45:25

Amen.

0:45:250:45:27

You know, he's going to a better place...

0:45:270:45:30

-but we're left here...

-Yes.

0:45:300:45:33

-..to miss him.

-And to deal with the pain.

0:45:330:45:36

To deal with the pain of knowing we won't be coming to see him

0:45:360:45:40

every month any more.

0:45:400:45:43

I told him that I have cried.

0:45:430:45:45

I told him that I had cried when we first started practising

0:45:450:45:50

a song that our choir was singing and I knew it was for him.

0:45:500:45:54

And he said, "I don't want you to cry."

0:45:570:46:00

I said, "I know. I know.

0:46:000:46:02

"It doesn't mean it's not going to happen, though."

0:46:020:46:04

He feels...he truly feels that the best decision

0:46:090:46:14

he can make for the people he loves the most

0:46:140:46:18

is for him to die,

0:46:180:46:21

so that they can move forward and have a happier life.

0:46:210:46:26

And he feels like he is able to do something good by,

0:46:280:46:33

in my words, sacrificing his life.

0:46:330:46:37

His words, for the sake of the people that he loves,

0:46:370:46:41

to be able to move on with their lives.

0:46:410:46:44

Oh! Yah, yah, yah.

0:47:000:47:02

Was a nurse for 25 years, critical care nurse,

0:47:050:47:09

and I spent my career trying to save lives

0:47:090:47:13

and now I'm here witnessing a young life being taken,

0:47:130:47:17

but that's the penalty he has to pay for what he did.

0:47:170:47:20

Erm...

0:47:230:47:25

..yesterday...

0:47:270:47:28

..Stuart and I were supposed to be

0:47:310:47:33

celebrating our 26th wedding anniversary

0:47:330:47:36

and instead, today, I sit here and I have to go witness

0:47:360:47:39

an execution for someone who murdered him.

0:47:390:47:42

Stuart will be on my mind.

0:47:480:47:50

He's been on my mind a lot.

0:47:500:47:52

I just want him to be proud of how I've connected myself.

0:47:540:48:00

I just want him to be proud that I followed this through,

0:48:010:48:06

because I know if the shoe were on the other foot,

0:48:060:48:09

if someone had murdered me, he would be there to represent me.

0:48:090:48:14

I've been through six and a half years of hell

0:48:170:48:20

and nothing will ever change that.

0:48:200:48:22

He could say he's sorry now.

0:48:220:48:25

How do you say you're sorry for killing someone?

0:48:250:48:29

Those words don't even go together.

0:48:290:48:33

I...couldn't...

0:48:330:48:35

I don't know if I could ever believe that.

0:48:350:48:38

No matter how angry you are,

0:48:510:48:54

no matter what kind of childhood you have,

0:48:540:48:57

what gives you the right to take someone else's life?

0:48:570:49:00

My husband's life had nothing to do with his childhood.

0:49:010:49:05

My husband's life had nothing to do with his anger.

0:49:050:49:08

He did nothing to him.

0:49:080:49:11

I did nothing to him, my son did nothing to him,

0:49:110:49:15

my sister-in-law did nothing to him.

0:49:150:49:18

Look how many people's lives...

0:49:180:49:22

he has shattered by that one decision that night.

0:49:220:49:28

He had no right.

0:49:280:49:30

Three minutes?

0:49:340:49:36

OK, let's make the best of it, because, you know,

0:49:360:49:39

I know your time's getting close.

0:49:390:49:41

God knows that you're innocent.

0:49:430:49:44

No, but eventually it comes out, mijo.

0:49:550:49:57

Even though it's going to be too late, como quiera,

0:49:570:49:59

we're all going there.

0:49:590:50:01

Because I know your mom's going to be there

0:50:050:50:07

and there's going to be a conflict.

0:50:070:50:09

We'll be praying for you.

0:50:140:50:16

Love you. God bless you.

0:50:190:50:21

I hope they understand, you know, it wasn't no...

0:50:250:50:27

No, no... Nothing for me, you know what I'm saying?

0:50:270:50:30

It was to help move everybody along,

0:50:300:50:33

to stop all this pain going around

0:50:330:50:36

from me being in this situation.

0:50:360:50:38

That's what I hope they understand, right?

0:50:380:50:41

And...I also hope they understand that I truly love all my kids,

0:50:410:50:46

I truly love them all and...

0:50:460:50:49

they can just move on and live a good life, you know what I'm saying?

0:50:490:50:52

I wish they can have another father in their lives that'll be a real

0:50:520:50:55

good father to them so I can just, you know,

0:50:550:50:57

they can get me out the picture

0:50:570:50:58

and they can just forget about me, you know, move on with their lives.

0:50:580:51:01

That's what I want for them to understand, that I want them

0:51:010:51:04

to move on with their lives and that they know that I love them

0:51:040:51:07

and it's simple as that.

0:51:070:51:09

INTERVIEWER: This isn't easy for you, is it?

0:51:150:51:18

No.

0:51:190:51:21

Anything else?

0:51:440:51:45

I just...

0:51:540:51:55

It's not easy because I don't want to leave, I don't want to die.

0:51:580:52:02

I don't want to leave my family, but, you know,

0:52:020:52:06

I think it's just best, so that's why I'm going through this,

0:52:060:52:09

going through with this, right?

0:52:090:52:10

It's OK to cry.

0:52:140:52:16

I... I just...

0:52:160:52:17

That's not me.

0:52:190:52:21

I just... I want to stay strong for my family, right? It's...

0:52:210:52:25

That's how I want, I want them to be too, right? To be strong

0:52:250:52:29

and I just don't...

0:52:290:52:31

There's really...really no point in crying even though people

0:52:310:52:34

want to feel like crying, I feel like crying,

0:52:340:52:37

but there's no point in it, right?

0:52:370:52:38

Thank you. Thank you so much. Thank you for everything.

0:52:420:52:45

Stop all the killing in Texas!

0:53:040:53:08

Tonight will be the 528th execution.

0:53:080:53:12

If execution could curb crime, Texas would be crime free.

0:53:120:53:17

There was an appeal pending in this case.

0:53:170:53:19

Lopez's attorney had argued that he was mentally ill

0:53:190:53:21

and was using the criminal justice system as a means to commit suicide,

0:53:210:53:25

but that argument was overturned by the Supreme Court.

0:53:250:53:28

Lieutenant Alexander's widow just walked into the building behind me.

0:53:290:53:33

Again, the execution is scheduled to take place shortly after 6pm.

0:53:330:53:37

We will be here live at six.

0:53:370:53:38

I saw them open the door and I saw the sunlight.

0:53:430:53:47

For a split second, I didn't know if I could do it.

0:53:470:53:50

I...was telling my legs, "Move. You've got to do this, go."

0:53:500:53:56

I saw them open the other door

0:53:590:54:01

and when they opened the other door,

0:54:010:54:03

they take you right into the witness room and there he was.

0:54:030:54:08

Already strapped on the table.

0:54:090:54:11

Once I entered there, my eyes were on him.

0:54:140:54:18

After he heard the door slam, I could see he was trembling.

0:54:210:54:26

He was scared.

0:54:260:54:28

And then he turned his head and looked at me.

0:54:310:54:34

He was mouthing that he was sorry

0:54:360:54:40

and then he mouthed to me, "It's OK."

0:54:400:54:43

And then I nodded my head.

0:54:440:54:46

And when I nodded my head, he relaxed.

0:54:460:54:50

I felt this weird feeling, like, all of a sudden...

0:54:520:54:58

any hatred or any anger I had towards him was...

0:54:580:55:02

like, lifted at that point.

0:55:020:55:04

He kind of did a little bit of a smile at me

0:55:050:55:10

and then he looked straight up at the ceiling again.

0:55:100:55:12

Once the injection started,

0:55:210:55:24

a lady in the next room and I don't know who it was,

0:55:240:55:27

she had the most beautiful voice

0:55:270:55:30

and she sang Amazing Grace.

0:55:300:55:33

In my head, I was talking to Stuart

0:55:330:55:37

and telling him...

0:55:370:55:40

that I loved him...and...

0:55:400:55:44

and I hoped he can rest in peace now.

0:55:440:55:48

# I once was lost

0:55:490:55:54

# But now I'm found

0:55:540:56:01

# Was blind but now I see. #

0:56:010:56:08

LONE PROTESTER SPEAKS ON MEGAPHONE

0:56:290:56:32

What was so remarkable is,

0:57:310:57:36

at such a young age,

0:57:360:57:39

that he has made a life-death decision and stuck with it.

0:57:390:57:46

Even as death was approaching.

0:57:460:57:49

So young.

0:57:530:57:54

So young.

0:57:550:57:57

So naive.

0:57:580:58:00

Stupid choices. Wrong decisions.

0:58:010:58:05

Killed a police officer.

0:58:080:58:10

And life's valuable.

0:58:120:58:13

Officer Alexander's life was valuable

0:58:180:58:22

and Daniel Lopez's life was valuable

0:58:220:58:26

and both of them are gone.

0:58:260:58:28

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