Smith County Courthouse LolS ROQSTS v_-_,
(903)590-1675
100 N. Broadway, Room 204 ** Pax (903)590-16613
Tyler, Texas 75702 SlTlith COUIlty DiStNCt Clefk TTY/TDD (903) 535-0675
March 10,2015
Dear Mr. /Ms.
mmwmm
RE:
GREGORY LYNN RUSSEAU MAg |9 £01!
Polunsky Unit #0099430
3872 Fm 350 South
Livingston, Texas 77351
Cause No.: 114-0750-02
Enclosed you will find:
FORMAL SENTENCING
PURSAUNT TO MANDATE FROM THE TEXAS COURT OF CRIMINAL
APPEALS
ORDER SETTING DATE OF EXECUTION
ORDER FOR ISSUANCE OF WARRANT OF EXECUTION
DEATH WARRANT
Sincerely,
Lois Rogers, Smith County District Clerk
Bv. U^^Cc^^^ta^
Linda Ruth Rhymes, Deputy
CAUSE NUMBER 114-0750-02
THE STATE OF TEXAS
££
X IN T J&J& JUDICIAL
VS.
X DISTRICTtfcQ&RTii^ ^
GREGORY RUSSEAU SMITH COUNTY, \S
FORMAL SENTENCING
PURSUANT TO MANDATE FROM TEXAS COURT OF CRIMINAL APPEALS
ORDER SETTING DATE OF EXECUTION a
ORDER FOR ISSUANCE OF WARRANT OF EXECUTION
Judge Presiding: Date of original sentence
CHRIST! KENNEDY
and Judgment: October 10, 2002
Date of subsequent sentencing
and Judgment following remand
from Court of Criminal Appeals:
April 20, 2007
Date of formal sentencing
upon Mandate affirming
case and denial of 11.071 Writ
Application and following
denial of federal Writ
Application by U.S. District
Court and Fifth Circuit Court
of Appeals: March 6, 2015
Attorney for State Attorney for Defendant:
at trial: Jack Skeen Jr. at trial: Clifton Roberson
Matt Bingham Brandon Baade
Brett Harrison
(1st trial)
Attorney for State Attorney for Defendant:
at trials: Matt Bingham at trial: Clifton Roberson
April Sikes Brandon Baade
(2d punishment trial)
Attorney for State at Current Writ Counsel for
formal sentencing: Defendant: Jeff Haas
Matt Bingham
April Sikes
CERTIFIED TO BE ATRUE
AND CORRECT COPY
FILED IN THE SMITH COUNTY
DISTRICT CLERK'S OFFICE
Offense Convicted of: Date Offense Committed::
Capital Murder May 30, 2001
Charging Instrument: Indictment Plea: Not Guilty
Terms of: Plea Bargain: None
Plea to Enhancements: None Finding on Enhancements: None
Findings oh Use of Deadly Weapon:: Not Applicable
Enumerated Offense 3G
Date Sentence Pronounced: Court Costs: $14 9.50
October 10., 2 002
Date Sentence Formally Pronounced After Second Punishment Trial
Following Remand from Court of Criminal Appeals: April 20, 2007
Date Sentence Formally Pronounced following Mandate from Texas
Court of Griminal Appeals affirming Judgment and Sentence following
denial of 11.07} writ application, and following denial by US
District Court and Fifth Circuit Court of Appeals of federal writ
application and setting first date of execution: March 6, 2015
DATE OF EXECUTION;; June 18, 2015 as provided by law
Punishment:
Date Set for Execution;
Death by lethal injection June 1.8, .2.015 as
as provided by law provided by law
Place of Execution:
As provided by law in the Texas Department of Criminal Justice
- Institutional Division (formerly Texas Department of
Corrections, State Penitentiary)
JUDGMENT AND SENTENCE UPON FORMAL SENTENCING
WARRANT OF EXECUTION
_The Defendant having been indicted in the above numbered and
entitled cause of action for the felony offense of Capital Murder
was on the September 5, 2002 called for trial, the State appeared
by her Criminal District Attorney, JACK M. SKEEN, JR. (together
CERTIFIED TO BEATRUE '
AND CORRECT COPY
FILED INTHE SMITH COUNTY
DISTRICT CLERK'S OFFICE
with his Assistant District Attorney, D. MATT BINGHAM ), and the
Defendant, GREGORY RUSSEAU, appeared in person and with his
counsel, CLIFTON ROBERSON and BRANDON BAADE-, and whereupon the
State of Texas announced ready, the Defendant announced ready, and
the jury selection was then and there commenced. Following jury
selection, on September 30, 2002, the defendant, GREGORY RUSSEAU
in open Court was duly arraigned arid in person pleaded NOT GUILTY
to the charge contained in the indictment, and demanded his right to
a trial by jury. The State having previously announced that it
intended to seek, the death penalty upon any conviction of the
defendant for the offense of Capital Murder, the case proceeded to
trial. Up Two and Three, respectively.
The Court then pronounced sentence at DEATH, according to law
and further the said Defendant,. GREGORY RUSSEAU, was asked by the
Court whether he had anything to say why said sentence should not
be pronounced against him, subject to mandatory appeal and mandate,
and he answered nothing at bar thereof, and the Court finding that
the Defendant, GREGORY RUSSEAU, was at all applicable times and at
that time mentally competent and understanding of the English
language, and the Court proceeded, then in the presence of the
Defendant, GREGORY RUSSEAU and his counsel to pronounce sentence
subject to mandatory appeal, against him and signed a judgment to
that effect.
Subsequently, Defendant's state Applications for Writ of
Habeas Corpus were denied, the Application for Writ of Certiorari
was denied by the United States Supreme Court, and his federal
Application for Writ of Habeas Corpus was denied by the United
CERTIFIED TO BE ATRUE
AND CORRECT COPY
FILED IN THE SMITH COUNTY
DISTRICT CLERK'S OFFICE
States District Court and said denial was affirmed by the Fifth
Circuit court of Appeals. The trial court received the Mandate
commanding the trial court to observe the order of the Texas Court
of Criminal Appeals in this case and to duly recognize, obey and
execute said mandates. s y "•
On March 6, 2015, this case was again called for formal
sentencing in accordance, with the verdicts and Judgment herein
rendered and entered against the Defendant, GREGORY RUSSEAU, on
April 20, 2007; setting of date of execution; and Order for
Issuance of the Warrant of Execution upon the orders of the Texas
Court of Criminal Appeals Mandate,'and the State appeared by her
Criminal District Attorney D. Matt Bingham {together with her
Assistant Criminal District Attorney April, sikes) and the
Defendant, GREGORY RUSSEAU, appeared in person and with state writ
counsel JEFF HAAS, and whereupon the State of Texas announced ready
and the Defendant was present with counsel. Thereupon the
Defendant, GREGORY RUSSEAU, through his counsel, was asked by the
Court whether he had anything to say or offer at bar as to why
sentence should not be formally pronounced against him and said
counsel indicated there was nothing he had to offer at. bar as to
which sentence should not be formally pronounced and a date of
execution set. it appearing to the Court .that the Defendant
GREGORY RUSSEAU, was mentally competent and understanding of the
English language, the Court proceeded, in the presence of the said
Defendant, GREGORY RUSSEAU, and all his counsel and counsel for the
State in-open Court to formally pronounce Judgment and Sentence
against, the Defendant in accordance with the. jury's verdicts and
mandate of the Texas Court of Criminal Appeals; to set the date of
execution, and to order issuance of the Warrant of Execution as
rollows:
RUSSEAIJ who
RUSSEAU has been °l'•*•?
whoThL°HDfiR adjudged?URT'
to bethat thG ofSaid
GUILTY theD**«*«tf GREGORY
felony offense of
CAPITAL MURDER, as charged in the indictment in this cause, °a
Capital Felony; and that the said Defendant, GREGORY RUSSEAU
committed said offense on the 30- day of May, 2001,' as found by the
jury and whose punishment has been assessed by application of law
to the verdicts- of the Jury on the Special issues submitted and the
Judgment of the Court, by DEATH, according to law, and Tt is
Sh^' *thcat. !hB Defendant' GREG0RY ROSEAU, be taken'by the
the
the Clerk J^
Clerk of this T^' ^^issue
Court shall Md and
by *** ^^
kept toin said
deliver until*
Sheriff
DEATH WARRANT (also known as aWARRANT OF EXECUTION,, in accordance
with this Judgment and Sentence, directed to the Director of the
CERTIFIED TO BE ATRUE
AND CORRECT COPY
FILED IN THE SMITH COUNTY
DISTRICT CLERK'S OFFICE
Texas Department of Criminal Justice - Institutional Division
(formerly known as the Texas Department of Corrections, State
Penitentiary), at Huntsville, Texas, commanding him, the said
Director of the Texas Department of Criminal Justice -
Institutional Division (formerly known as the Teas Department of
Corrections - State Penitentiary) to put into execution the
Judgment and Sentence of DEATH against the said GREGORY RUSSEAU,
and immediately upon the issuance of said WARRANT OF EXECUTION, the
Sheriff of Smith County, Texas is directed to take the. said GREGORY
RUSSEAU, together with the said WARRANT OF EXECUTION, to the
Director of the Texas Department of Criminal Justice -
Institutional Division (formerly known as the Texas Department of
Corrections, State Penitentiary, or other person legally authorized
to receive such convicts, and. deliver the said GREGORY RUSSEAU"and
said WARRANT OF EXECUTION into the custody of said Director of the
Texas Department of Criminal Justice - Institutional Division
(formerly known as the Texas Department of Corrections, State
Penitentiary), and the said Director of the Texas Department of
Criminal Justice - Institutional Division (formerly known as the
Texas Department of Corrections, State Penitentiary) is hereby
COMMANDED and DIRECTED to keep the said GREGORY RUSSEAU until the
18th day of June. 2QT^
upon which day, at the Texas Department of Criminal Justice -
Institutional Division (formerly known as the. Texas Department of
Corrections, State Penitentiary,, at any time after 6:00 p.m. in a
room arranged for the purpose of execution, the Director of the
Texas Department of Criminal Justice - Institutional Division
{formerly known as the Texas Department of Corrections, State
Penitentiary) is hereby, acting by and through the executioner
designated by said Director as provided by law, COMMANDED, ordered
and DIRECTED to carry out this Judgment and Sentence of DEATH by
intravenous injection of a substance or substances in a lethal
quantity sufficient to cause the death of the said GREGORY RUSSEAU
and until said GREGORY RUSSEAU is dead, such procedure to be
determined and supervised, in accordance with law, by the said
Director of the Texas Department of Criminal Justice -
Institutional Division (formerly known as the Texas Department of
Corrections, State Penitentiary).
CERTIFIED TO BEATRUE
AND CORRECT COPY
FILED IN THE SMITH COUNTY
DISTRICT CLERK'S OFFICE
ORDERED IN OPEN COURT-ON THE 6*h day of March, 2015.
SIGNED ON THIS THE J^T day of March, 2015
HONORABLE CHR^TI KENNEDY
JUDGE, 114TH DISTRICT COURT
SMITH COUNTY, TEXAS
CERTIFIED TO BE ATRUE
AND CORRECT COPY
FILED IN THE SMITH COUNTY
DISTRICT CLERK'S OFFICE
ORDER
THEREFORE, it is the further- ORDER and the Judgment of this
Court that the Director of the Texas Department of Criminal Justice
- Institutional Division (formerly known as the Texas Department of
Corrections, State Penitentiary), acting by and through "the
executioner designed by said Director as provided by law, be and is
hereby DIRECTED, ORDERED arid COMMANDED to, at any time after the
hour of 6:00 p.m. on the 18"> dav. of June. 20IS. in a room arranged
for the purpose of execution at the Texas Department of Criminal
Justice -, Institutional Division (formerly known as the Texas
Department of Corrections, stat.e Penitentiary) to carry out this
Judgment and Sentence of DEATH by intravenous injection of 'a
substance or substances in a lethal quantity sufficient to cause
the death of the said GREGORY RUSSEAU and until said GREGORY
RUSSEAU is dead, such procedure tP be determined arid supervised, in
accordance with law, by the said Director of the Texas Department
of Criminal Justice -^ Institutional Division (formerly known as the
Texas Department of Corrections, State Penitentiary).
SIGNED THIS THE 9th day of March, 2015.
HONORABLE CHRIST.^ KENNEDY
JUDGE, U4TH DISTRICT COURT
SMITH COUNTY, TEXAS
CERTIFIED TO BE ATRUE
ANDCORRECT COPY
FILED IN THE SMITH COUNTY
DISTRICT CLERK'S OFFICE
WARRANT OF EXECUTION
ALL IN ACCORDANCE with this Warrant of Execution (Death
Warrant) for the execution of the sentence of DEATH, and in
accordance with the Judgment, Sentence (and previous Formal Re
sentencings), and order Setting Date of Execution and Order for
Issuance of Warrant of Execution of this Court, show herein, which
I certify to be true and correct copies of such documents now on
file^ in my office and entered on the Minutes of said Court. A
certified true and correct copy of the Judgment and Sentence
entered by the Court on April 20, 2007, which was affirmed by the
Texas Court of Criminal Appeals, is .attached hereto as Exhibit "A".
HEREIN FAIL NOT, BUT DUE RETURN MAKE OF THE WARRANT OF
EXECUTION SHOWING HOW YOU HAVE EXECUTED THE SAME.
Given under my hand and seal of the 114th Judicial District
Court of Smith County, Texas on this the 6th day of March, 2015.
C3jU> rpy^
LOIS ROGERS
DISTRICT CLERK/SMITH COUNTY, TEXAS
CLERK OF THE 114TH JUDICIAL DISTRICT COURT
SMITH CQUMTY, TEXAS
DE-P^K?* DISTRICT CLERK
Print
P r i n t Ne
Name:
CERTIFIED TO BE ATRUE
AND CORRECT COPY
FILED IN THE SMITH COUNTY
DISTRICT CLERK'S OFFICE
CAUSE NO: 114-0750-02
DEATH WARRANT
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
VS § SMITH COUNTY, TEXAS
§ 114TH DISTRICT COURT
GREGORY LYNN RUSSEAU
TO THE DIRECTOR OF THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMMEMT OF CRIMINAL JUSTICE AND TO
THE SHERIFF OF SMITH COUNTY, TEXAS:
On October 10,2002, the above - named defendant, In the above styled and numberedcausewasconvictedof the
offense of Capital Murder. After remand for a new punishment trial, on April 20, 2007, the Court sentenced the above-
named defendant to death in accordance with the findings of the jury, pursuant to the Texas Code of Criminal Procedure.
The Court, having received the Texas Court of Criminal Appeals' affirming the above name Mandate having
received notice of the Court of Criminal Appeals" denial of the defendant's Initial application for writ of habeas corpus
sentenced the above-names defendant to death for the offense CAPTIAL MURDER and ORDERSthat the execution be had
as provided by law, the 18* day of June, 2015, at any time after the hour of 6)00 P.M. at the Institutional Division of the
Texas Department of Criminal Justice at Huntsville, Texas.
The Sheriffof Smith County, Texasis hereby commanded to transportthe defendant to the Institutional Division of
the Texas Department of Crtmlnal Justice and deliver the defendant and this warrant to the Director of the Institutional
Division of the Texas Department of Criminal Justice for the purpose of executing this warrant, and to take from the
Director of the proper receipt for the defendant, andthe Sheriff will return the receiptto the office of the District Clerk of
Smith county, Texas.
The Director of the Institutional Division of the Texas Department of Criminal Justice is hereby commanded to
receive from the Sheriff the defendant and this warrant and to give his receipt to the Sheriff, and to safely keep the
defendant and to execute the sentence of death at any time after the hour of 6:00 P.M. on the day and date specified In
paragraph twoof this warrant, bycausing a substance orsubstances inalethal quantity to be intravenously injected intothe
body of defendant to continue untilthe defendant isdeceased, obeying alllaws of the State of Texaswith reference to such
execution.
WITNESS MY HAI f£ AND1SlAiu?f
SI the 114th Judicial District Court of Smith County, Texas, at myoffice in the City
of Tyler, Texas, on the dayofSLTi&G^Oig:.
LOISIPOGERS; DlsWict Clerk
Smith County, Texas
100 N. Broadway Suite #204
Tyler, Texas 75702
CERTIFIED TO BE ATRUE
FnpmvTC0RRECTC0PY
FILED IN THE SMITH COUNTY
ORIGINAL
DISTRICT CLERK'SOFFICE
RETURN
#
The Sheriff of Smith County, Texas, received this Writ on the day of ,
20— at M. and executed the same by delivering the original and one copy of this
warrant to the Director of the Institutional Division ofthe Texas Department of Criminal Justice
on the day of , 20__, and by taking his receipts for the said warrant, which
receipts are hereto attached do here now make my return on this Writ this day of
- : -2o_.
LARRY SMITH, Sheriff
Smith County, Texas
On this the day of .__, 20^_, the follow papers related to cause number
114-0750-02 styled:
THE STATE OFTEXAS, vs. GREGORY LYNN RUSSEAU were received from the
Sheriffof Smith County, Texas,
1. Original and one copy of DEATH WARRANT to be delivered to the
Warden of the Director of the Institutional Division of the Institutional
Division of the Texas Department of Criminal Justice.
2. One Original Execution Order.
The Texas Department ofCriminal Justice acknowledges receipt ofthe
Execution Qid&L and Death Warrant in the Cause No. 114-0750-02
on this the i^_^^_ day of 20 .
TEXAS DEPARTMENT OF CRIMINALJUSTICE
Classification and Records
BY:
CERTIFIED TO BE ATRUE
AND CORRECT COPY
FILED IN THE SMITH COUNTY
DISTRICT CLERK'S OFFICE