[Deathpenalty]death penalty news --- TEXAS, CONN.

[Joerg Sommer]

death penalty news

December 16, 2004


TEXAS:

Kunkle given 6th rendezvous with death

Appeal not heard; attorney predicts still another stay

A San Antonio man sentenced to die for the 1984 murder of a Corpus Christi 
man has received his sixth date with death.

District Judge Nanette Hasette on Wednesday signed a death warrant for Troy 
Kunkle, setting a Jan. 19 execution date, Assistant District Attorney Doug 
Norman said. Kunkle was convicted of murdering Steven Horton, 31, in 1984.

The U.S. Supreme Court has stayed Kunkle's execution twice on the day of 
his execution, most recently in a 5-4 order last month, while his attorneys 
filed appeals. His attorneys had argued that Kunkle's history of drug and 
alcohol abuse was not properly considered as mitigating evidence at trial.

The high court on Monday declined to hear the appeal, even though one 
justice said Kunkle's sentence clearly violated the Constitution. In a 
concurring opinion, Supreme Court Justice John Paul Stevens wrote that he 
initially had agreed to the stay because justices believed they had 
authority to review the case. However, upon closer review, justices 
realized the appeal was based on state law.

Kunkle's attorney Danalynn Recer, of the Gulf Region Advocacy Center based 
in Houston, said she will continue to fight the execution. Recer said there 
already is litigation pending and more is forthcoming.

"It is premature to be setting a date," Recer said. "What I think it means 
is that we will have another stay. I don't know what the purpose is, 
because there are serious constitutional issues being litigated and that 
litigation is nowhere near completion."

Norman said the District Attorney's Office requested a new execution date 
because they believe Kunkle has run out of appeals.

"We think he has at the state level, and we are pretty certain that he has 
at the federal level," Norman said. "His lawyers think they have another 
argument they can make to the federal courts involving the 
constitutionality of his sentence."

According to the Texas Department of Criminal Justice, Kunkle, 18 at the 
time of the killing, and three friends were visiting Corpus Christi from 
San Antonio. They picked up Horton, who was walking along Paul Jones 
Avenue, and demanded his wallet, which contained $13. Kunkle then shot 
Horton in the head, according to state reports.

After the death, Kunkle reportedly quoted lyrics from heavy metal band 
Metallica's song "No Remorse," from the album "Kill 'em All," when he said, 
"Another day, another death, another sorrow, another breath."

(source: Corpus Christi Caller Times)


====================


CONNECTICUT:

Juror's allegation of misconduct delays sentence Hired killer faces 
execution; prosecution disputes claims

The sentencing of a convicted Torrington killer was delayed Wednesday after 
a juror alleged misconduct during death penalty deliberations.

In August, a jury ruled Eduardo Santiago Jr., 25, should die by lethal 
injection for killing a West Hartford landscaper four years ago in exchange 
for a broken snowmobile. The same jury convicted him earlier that month in 
Hartford Superior Court of capital felony murder and eight other charges 
stemming from the Dec. 14, 2000, killing.

A statement made by a juror on Tuesday prompted a hearing that put a 
temporary hold on Santiago's sentencing, which had been scheduled for 
Wednesday, said Kevin Randolph, Santiago's defense attorney.

He declined to identify the juror, who has been advised not to talk to the 
media.

"We were able to contact a juror who deliberated in both the guilt and 
penalty phases who admitted the jury considered certain things improperly 
in returning a death verdict," said Randolph, whose office contacted all 12 
jurors -- eight women and four men -- after the penalty phase was complete.

"She said some jurors were disappointed that there was only a single 
aggravating factor, so they listed on a board other things they considered 
aggravating factors and weighed them against the mitigating factors."

For example, Santiago killed someone he didn't know for a snowmobile with a 
broken clutch, he committed the crime in the middle of the night and he 
used a homemade silencer.

Because the death of 45-year-old Joseph Niwinski involved a murder-for-hire 
scheme, it was classified as a capital felony murder, which allowed 
prosecutors to seek the death penalty. By law, that was the only factor the 
jury was allowed to use to determine whether Santiago should be put to 
death, Randolph said.

Assistant State's Attorney Donna Mambrino said details surrounding the 
murder were entered as evidence in the guilt and penalty phases and, as 
such, were a legitimate part of any deliberations. Only external 
influences, such as a newspaper story, would be banned from the 
deliberation process, she said.

"They're claiming this is jury misconduct," Mambrino said. "Our response is 
that it does not even rise to that level. It's more akin to buyer's 
remorse. This was a very weighty decision. She sentenced someone to be 
executed, and now she's having second thoughts about it."

If Judge Douglas Lavine finds there was indeed misconduct that was 
prejudicial to Santiago, he could order a new penalty hearing, Mambrino 
said. The conviction would stand, she said.

Briefs are due in the case on Jan. 7, and sentencing is set for Jan. 31.

Two other men, Mark Pascual, 39, of Torrington and Matthew Tyrell, 22, of 
Winsted pleaded guilty for their roles in Niwinski's murder and avoided 
possible death sentences by testifying against Santiago.

Pascual is awaiting sentencing; Tyrell was sentenced to life in prison 
without parole in 2002.

Pascual testified that he was so obsessed with Joseph Niwinksi's 
girlfriend, he hired Santiago to kill the West Hartford man in exchange for 
a snowmobile with a broken clutch.

Santiago enlisted the help of Tyrell and, together, the trio hatched the 
plan that led to Niwinski's murder.

While Pascual waited outside, Santiago and Tyrell crept into Niwinski's 
garage loft apartment and Santiago shot the sleeping man in the left temple 
with a rifle. He used a homemade silencer made out of a plastic soda bottle 
and bullets with Niwinski's nickname, "Joe," etched into the casings.

If sentenced to death, Santiago would become the eighth man on death row in 
Connecticut, which hasn't carried out an execution since 1960.

Convicted serial killer Michael Ross, 45, is scheduled to be executed on 
Jan. 26. He is on death row for killing four women in eastern Connecticut 
in the 1980s and has admitted to four other murders in New York.

(source: Waterbury Republican American)