Billy Conn Gardner

Case information

Billy Conn Gardner (#751) was executed by lethal injection in Texas on February 16, 1995.

Timeline

• February 16, 1995 — Billy Conn Gardner was strapped down in the death chamber in a prison in Huntsville, Texas, denied that he had murdered a 64-year-old cafeteria worker 12 years earlier, and was executed by injection.
• February 17, 1995 — The New York Times published coverage stating that Gardner was executed in Texas early today and included his final statement and remarks by family and others.
• 1983 — Gardner was convicted of killing Thelma Row, a cafeteria supervisor at Lake Highlands High School in Dallas.
• Age 19 — Gardner first went to prison after he was convicted of larceny and burglary.

The offence

Billy Conn Gardner was convicted of killing a cafeteria worker, Thelma Row, during a robbery at Lake Highlands High School in Dallas in 1983.

Mrs. Row, 64, was counting the day's receipts in a back room when she was confronted by a robber and shot in the chest with a .357-caliber pistol. The robber fled with about $1,600, and Mrs. Row died 11 days later.

The husband of another cafeteria worker acknowledged being involved with the robbery but said Mr. Gardner was the gunman.

Witnesses said the killer had reddish hair and a goatee, and Gardner had neither.

Investigation

Gardner was arrested in the killing of Mrs. Row.

Texas cops and courts insisted Gardner was guilty.

Arrest and prior record

At the time of his execution, Gardner had 10 other felony convictions.

When he was arrested in the killing of Mrs. Row, he was on parole after having served fewer than six years of a 20-year sentence for forgery, assault, burglary and carrying a prohibited weapon.

That conviction came while he was on parole for burglary and robbery.

Trial

Gardner was convicted in 1983 of killing Thelma Row.

During the appeals process, Christine M. Wiseman elicited testimony that Gardner's trial lawyer had a 15-minute discussion with him before his trial, which ended in a sentence of death.

Gardner denied for the 1,000th time that he had murdered a 64-year-old cafeteria worker 12 years ago.

Sentencing

Gardner received a sentence of death.

Appeals

Christine M. Wiseman, an attorney and associate professor at Marquette University Law School, fought to put off Gardner's last day for seven years.

Wiseman heard about Gardner in 1988 and volunteered to represent him.

Wiseman applied for an order to stop the execution after Gardner's execution had been set for the following month, and the state of Texas objected because she wasn't certified to practice in the state.

Wiseman later described Texas as having peculiar courtroom procedures and said she found it difficult to believe that Texas wanted to "execute someone because he isn't represented by Texas counsel."

Wiseman said: "In Texas, killing is more important than making sure they have the right person. Killing death row inmates is an industry down there. Has it stopped crime? No, it's worse."

Wiseman and Gardner's family insisted that he was not guilty, while Texas cops and courts insisted Gardner was guilty.

Execution and last statement

Gardner's execution took place early on February 16, 1995. He was strapped down in the death chamber in a prison in Huntsville, Texas, with a microphone near his face.

Gardner was executed by injection.

Gardner made the following final statement:

"I forgive all of you – hope God forgives all of you too."

The New York Times reported that Gardner said, "I forgive all of you, and I hope God forgives all of you all."

Aftermath and reactions

Gardner's mother, Nettie Gardner, replied: "I've never been more proud of you than I am now."

Relatives hugged and sobbed.

Gardner's sister, Betsy Gray, said afterward:

"My brother was convicted of a crime he did not commit. Tonight, once again, the State of Texas has committed cold-blooded murder. They are mass-murdering people here almost as bad as if we're in a war."

Gardner's sister, Barbara Gray, said after watching her brother die:

"Don't let anyone tell you this is a peaceful way to die. It's a lie, it's a lie, it's a lie."

Wiseman described her fight as involving seven years and said: "Woe to you if you're poor."

Wiseman compared justice for the poor and justice for the rich, including alleged murderer O.J. Simpson, who is represented by millions of dollars worth of attorneys, and Wiseman said:

"You can buy all the justice you want."

Wiseman wrote a letter to Christine:

"Dear Christine: . . . I hold out no hope at all. Now, I want to thank you and David and E.J. for all you have done on my behalf to try to save me, and it comes from my heart. I am fully aware that isn't much, but it is all I have to offer any of you. . . .
I sure don't want you to ever take on any guilt, or feel that you have failed me, Christine. You know as well as I do that my trial and appeal attorneys sold my life for the money the court paid them to represent me. My fait (sic) was sealed before you, E.J., and David ever became involved in my case.
"I love all of you for being so kind to my family, and for treating them with respect. . . . Your husband and your family should feel blessed. Over the years you showed me that you are a person of your word, and I learned to trust you, and respect you, and love you . . .
"I will depart this world with you in my thoughts, and a special place in my heart for you. So please, never feel I hold hard feelings for you, or blame you for anything, especially my death . . .
"Goodby, Christine, and I thank God for letting me know you. Love and respect, Billy."

Wiseman said she received the letter after Gardner was dead.

Wiseman said she volunteered to represent Gardner and that she was paid nothing for seven years of trips to court and trips to Texas.

Wiseman said: "Billy was worth it," and said:

"There are no moneyed people sitting on death row."

Wiseman said she and Bourne visited Gardner shortly before he was executed, and she said: "He cried, and we cried."

Wiseman stated that early in the day Gardner joked with her and that later in the day she joked with him, saying: "Jokes kept them from crying."

Wiseman said:

"I said that in seven years he had taken me on many an interesting date, but this last one was extraordinary," Wiseman said.

Wiseman said Gardner joked about heaven being empty of lawyers.

Just before Wiseman's attorney left, Gardner mentioned someone he never met. Gardner said:

"Say goodbye to Patrick for me," Gardner said.

Wiseman said that in her office at Marquette she began to cry.

Wiseman described standing outside the prison and staring at a prison wall with eerie, yellow lights while it was raining, and she said:

"The chaplain said it always rains when there's an execution in Huntsville," Wiseman said. "I said, `Doesn't anyone get the hint?'"

E.J. Hunt and David Bourne assisted in the defense.

Wiseman said the firm paid some expenses involved in the appeals, and she received great help from David Bourne, a former law student of hers who was an attorney at Quarles & Brady, and assistance from E.J. Hunt, another Wisconsin lawyer.

Other details

Gardner was described as being named after a former light heavyweight boxing champion.

Wiseman described Gardner as a career criminal who was pushed into his profession when he was 9 years old, and she said he was given his first hit of heroin by a relative and became a drug runner.

Wiseman stated Gardner spent much of his life breaking the law but was never violent.

Another criminal who was given substantial breaks for testimony identified Gardner as the killer.

In the prison, Gardner denied for the 1,000th time that he had murdered Thelma Row.

Gardner's sister Betsy Gray and Barbara Gray were identified in separate parts of the coverage as making statements after the execution.