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Updated September 21, 1999, 5:23 p.m. ET

Jurors hear parents' tearful plea as they prepare to decide second Texas dragging defendant's fate

           
Dragging Death Trial: Texas v. Brewer

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BRYAN, Texas (Court TV)— The parents of the second man convicted in the racially-motivated dragging death of James Byrd, Jr. tearfully begged jurors to spare their son's life on the second day of his death penalty hearing Tuesday.

Helen and Lawrence Brewer, Sr. both cried on the stand as they pleaded for their son Lawrence Jr.'s life. Both characterized their son as a "follower, not a leader" who could not have been the mastermind behind the racist plan that led to Byrd's brutal slaying in June 1998. On Monday, Brewer was convicted of capital murder in Byrd's killing and now the same jury will decide whether he dies or faces life in prison without the possibility of parole for 40 years.

Helen Brewer told jurors how her son's drug abuse led to his being kicked out of their home and blamed drug abuse for his criminal activity. Apologizing to Byrd's relatives on the stand, Lawrence Brewer, Sr. said that he did not raise his son to be a racist. He said his son had minority friends while growing up and welcomed them into his home. The elder Brewer insisted that Lawrence underwent a drastic change while imprisoned. (Brewer's defense has suggested that he may have underwent his transformation in 1995 when he met his cohort in Byrd's slaying, John William King.)

"Russell was a follower, but he followed the wrong people," Brewer, Sr. said.

Lawrence Brewer, Sr. told jurors that they would destroy his family if they sentenced his son to the death.

Before Byrd's murder, the younger Brewer had a criminal record for drug possession and burglary. In 1991, he was released on parole for a 1989 drug possession conviction. But Brewer violated that parole in 1994 and was sent back to prison, where he met King. During the guilt phase of his trial, Brewer testified that he joined a white supremacist group in prison to protect himself from rival gangs. Like his parents did Tuesday, Brewer's defense lawyers have argued during the trial that he did not adopt racist ideologies or tendencies until he was in prison.

Brewer's lawyers could find out sometime Wednesday if their efforts to humanize their client paid off. Closing arguments in the penalty phase of Brewer's trial are expected Wednesday morning, and then jurors will decide whether to impose the death penalty. In their decision, the jury of 11 whites and one Hispanic will have to answer three questions: Is there a possibility that Brewer could commit criminal acts of violence that would pose a continuing threat to society; did Brewer actually cause Byrd's death, or realize that his life would be taken; and whether there are mitigating circumstances that favor life imprisonment for Brewer instead of the death penalty.

While the defense tried to portray Brewer as sympathetic follower, prosecutors Tuesday rested their case after a psychiatrist testified that the defendant would remain a "substantial risk" to society and pose a danger even behind prison walls.

State psychiatrist Dr. Edward Gripon told jurors that based on Brewer's criminal history, a review of his writings and an interview conducted last week, he thought the white supremacist has not learned from his mistakes and remains a threat to society.

"His life has not been one that's had positive aspects," Gripon said. "I think he would run a substantial risk. Past behavior appears to be a significant indicator of future behavior."

Brewer, 32, is the second of three men accused of Byrd's killing to be convicted. John King was convicted and sentenced to the death penalty last February and Shawn Berry is scheduled to go on trial next month. Prosecutors contend that the killing was a racially-motivated publicity event King and Brewer staged to launch their own fledgling hate group, the Texas Rebel Soldiers, a branch of the Confederate Knights of America the two men joined in prison.

Byrd was decapitated in June 1998 as he was dragged by a chain wrapped around his ankles and tied to a pickup truck belonging to Berry.

— Bryan Robinson

The Associated Press contributed to this report.
   

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