Texas wrong (again) in death penalty case SAN ANTONIO EXPRESS-NEWS, Editorial February 28 2004

The U.S. Supreme Court deserves gratitude from supporters and foes of capital punishment for lifting the death penalty imposed on Delma Banks and giving him a new chance to appeal his conviction. Banks was convicted and sentenced to death for the 1980 murder of a 16-year-old fast-food restaurant worker during a robbery. He was minutes away from death on March 12 when the high court stopped the execution and agreed to hear his claim that he was denied a fair trial. The court found that prosecutors hid damaging evidence about a witness that could have led to Banks' acquittal. Such prosecutorial misconduct is an embarrassment to the state's already tarnished criminal justice system and is intolerable in any case. Even supporters of capital punishment should be outraged by the behavior of Bowie County prosecutors and law enforcement officials in the Banks case. The right to a fair trial is fundamental to the U.S. judicial system and an important protection that citizens expect and cherish. This case, once again, raises serious, disturbing questions about the death penalty in Texas. --- Source : San Antonio Express-News, Editorial