[Deathpenalty]death penalty news --- PA., IND.

Joerg Sommer j_sommer at gmx.net
Wed Sep 22 10:19:49 CDT 2004


death penalty news

September 22, 2004


PENNSYLVANIA:

Death penalty sought

When he found out his ex-girlfriend was dead, police say, James Vandivner 
wanted to kill himself to avoid the executioner's needle.

That was months ago, at the close of a two-day manhunt, just days after a 
point-blank gunshot tore into Michelle Cable's head, sending her to the 
hospital where she died.

Vandivner, 55, formerly of Point Marion, had been in trouble before, for 
burglary, assault and kidnapping. The officer who arrested him for homicide 
testified during a previous hearing that Vandivner knew the severity of the 
charges he now faces.

"Mr. Vandivner said that if he knew Michelle had died, he would have killed 
himself because he knew it would be a death-penalty case," said Trooper 
James Monkelis, of the state police Uniontown barracks.

Vandivner was right. Fayette County prosecutors plan to argue for his 
execution.

According to court papers, three factors, called "aggravating 
circumstances," warrant a death sentence.

Vandivner killed Cable while committing a felony; he created a grave risk 
of death to others; and he has a significant history of violence, the 
document states.

It was about 9 p.m. on July 5 when Vandivner went to Cable's 100 E. Second 
St. home in the Jefferson Township village of Grindstone, police said. The 
two previously had been a couple.

He went in through the back door and walked through the home to the front 
porch, police said. When he got there, Cable's 18-year-old son, William 
Cable, struggled to keep Vandivner away from his mother. Police said 
Vandivner shot the young man in the neck and then pointed the small-caliber 
weapon at Larry Newman, a neighbor of the Cables.

Vandivner fired at Newman's head, but missed, police said.

Michelle Cable tried to escape, but Vandivner grabbed her by the hair and 
shot her behind her left ear, police said.

Vandivner then left, saying, "There, (expletive). I told you I would kill 
you," according to police.

Cable and her son were flown to Allegheny General Hospital in Pittsburgh. 
William Cable survived.

A manhunt ensued. More than 100 officers were involved before Vandivner was 
found off Route 40 in the small Washington County town of Beallsville.

Vandivner, a former truck driver with a sixth-grade education, has a 
criminal record that stretches back more than three decades. He was 
released from prison in March 2003 after serving the maximum term of a 
five- to 10-year sentence for assaulting and kidnapping his estranged wife, 
Judith Vandivner.

During his arraignment on those charges, a court record indicates Vandivner 
told a district justice, "What you're telling me is, if I killed my wife, 
I'd probably be better off ... now I got 100 years (of possible 
imprisonment) facing me."

A pretrial conference on his most recent case is scheduled for 9:30 a.m. 
Nov. 23.

(source: Pittsburgh Tribune-Review)


------------


Deadline has passed, but death penalty could still be sought in Howe case

A former Forest County DA says there are instances when seeking death could 
be a drawback.

The deadline has come and gone for the prosecution to ask for the death 
penalty in the Shauna Howe murder case, leading some in the community to 
question why capital punishment was not pursued.

Those involved in the proceedings can't answer the question because of a 
gag order handed down by Venango County Court. The order prohibits the key 
players from discussing anything about the case.

Under Rule 801 of what is known as the Pennsylvania Rules of Criminal 
Procedure, District Attorney Marie Veon needed to give notice by Sept. 8 if 
she planned to seek the death penalty. That was the date that two 
defendants in the Howe case - Timothy Michael O'Brien and James Eric 
O'Brien - had been scheduled to be arraigned.

There are exceptions to the rule. Veon could still pursue the death penalty 
if she becomes aware of more evidence, or what are known as aggravating 
circumstances.

"Sometimes that could even happen during a trial," said Steven Gilford, a 
former Forest County district attorney. He is not involved in the Howe case.

Under Pennsylvania's sentencing rules, there are 18 aggravating 
circumstances under which the death penalty could be applied in a 
first-degree murder case. One of those circumstances is when the victim is 
under 12 years of age. Another is when the killing was committed while 
another felony was being carried out.

It would appear both those circumstances could apply in the Howe case. Even 
so, there may be reasons not to pursue a death sentence.

"I remember a case that I had where there was potential for the death 
penalty," Gilford said. Yet, he chose not to pursue the crime as a capital 
case because of the defendant's age, which was 21 or 22.

He also was concerned about how jurors might react to potentially having to 
choose whether the man should live or die for the crime.

"I didn't want the jury looking at this young man and finding him not 
guilty because they didn't want to pursue a life or death issue," Gilford 
said.

Sometimes, Gilford said, an attorney has to analyze a jury.

"They may not want to be put in the position of choosing life or death," he 
said. By not having the death penalty as a possibility, it would be 
"putting less pressure on them," he said.

In a case where there is potential for a death sentence, jurors essentially 
have to sit for two trials - one to determine a defendant's guilt or 
innocence and a second, if the defendant is convicted, to determine life or 
death, according to Gilford.

The former district attorney has never taken a capital case to trial.

"We had a couple of death penalty cases where we ended up pleading where 
the guy got life (in prison). Basically, they pleaded guilty to murder (of 
the first degree) if we took the death penalty off of the table," he said.

When asked if costs could play a role in the decision whether to pursue the 
death penalty, Gilford said, "I wouldn't think so, to tell you the truth. I 
wouldn't want to make a blanket statement covering all 67 district 
attorneys throughout the state, but I don't think you would look at costs 
on something like this."

The O'Brien brothers are charged with first-degree murder in the kidnapping 
and slaying of Shauna, 11, in October 1992. She was last seen alive on the 
corner of West First and Reed streets walking home from a Girl Scout 
Halloween party.

A third defendant, Eldred "Ted" Walker, 45, is facing a second-degree 
murder charge.

(source: The Derrick & News Herald)


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


INDIANA:

Accused killer could face death penalty

The state of Indiana will determine how best to charge Kerry C. Wilson this 
week, hoping that this time he will stay behind bars.

Floyd County Prosecutor Keith Henderson says he has not ruled out seeking 
the death penalty for Wilson, 40, who was arrested Thursday for stabbing 
his ex-girlfriend, Vicki Hunt, 38, and DaJuan Clark, 22, of Louisville.
	
Photo by Jeremy LyverseThis house is 1904 Hand Ave. in New Albany, Ind., 
where Vicki Hunt and DaJuan Clark were killed on Sept. 16.	

New Albany Police said Wilson fled from Dismas Charities at 1501 Lytle St. 
in the Portland neighborhood last Thursday morning. He was staying there 
until he could appear at a probation revocation hearing in Clark County.

Dismas Charities, a private, not-for-profit organization, began housing 
inmates from Clark County last year to ease the county jail's pervasive 
overcrowding problems. It holds about 220 inmates and parolees from 
Kentucky and Indiana.

Around 2:06 a.m., an alarm sounded inside the facility. Security guards, 
who perform a head count every hour, immediately counted the prisoners 
again and found Wilson missing. He escaped through a fire exit, said Robert 
Lanning, director of Dismas Charities.

"I have never had a person from one of my centers do such a horrific act," 
he said. "I just couldn't believe it was correct."

That Wilson, who had three prior arrests for battery, was even staying at 
Dismas angered Superior Court Judge Steven Fleece, who handled most of the 
battery cases Wilson was charged with.

Hunt dropped a no-contact order against Wilson after he was arrested for 
assaulting her in April. She had to attend classes on domestic violence 
before a judge could approve her request, but Henderson said she "remained 
steadfast" that she wanted the order dissolved.

He said it is not unusual in domestic violence cases for victims to 
withdraw protective orders against their attackers. "That's part of the 
cycle of domestic violence."

Even if the no-contact order had been in place, he said, "That piece of 
paper would not have stopped a knife."

Sheriff Michael Becher would not comment. His spokeswoman, Lt. Racheal Lee, 
said that the jail's classification officer decided Wilson was non-violent 
and thus eligible to go to the facility.

In making its determination, Lee said, the officer reviews the inmate's 
charges and disciplinary record. Wilson's was clean, and jail officials did 
not receive any reports of Wilson causing problems at Dismas.

"Otherwise," Lee said, "we would've removed him from that facility."

At his press conference last week, however, Henderson said, "It is 
unacceptable to release violent offenders into our community," but stopped 
short of criticizing the Clark County Sheriff's Office. "They have some 
serious overcrowding problems there," he said.

Lee took issue with the media's characterization of Dismas as a "halfway 
house," saying the building has sufficient security.

"For me to get through the front door, I have to be buzzed through and 
prove to them who I am."

Lanning said Dismas does house felony offenders who are out on parole, but 
they stay for a limited time only. "They are expected to get a job, save 
money; then they find a place to live," he said.

Only inmates who are "community-level status" can perform community service 
and can stay at Dismas, he said. The community service privilege does not 
apply to Indiana inmates.

In taking inmates, Lanning said, Dismas officials rely on the judgment of 
jail officials to turn over parolees and offenders who are non-violent.

"They've dealt with these people not just one time, but many times," he 
said. "They know more about the individuals than we do."

But he said he would not rule out seeking more information from the jails 
about inmates headed for Dismas. "I guess that's something we would 
consider," he said.

Wilson's case was unusual in that most of the time, security officers at 
Dismas hear about planned escapes before they happen, Lanning said. In the 
past, inmates planning to flee have been taken into custody.

With Wilson, "There was nothing to indicate that the individual was acting 
in a bizarre way ahead of time," Lanning said. "I don't know what triggered 
him."

(source: snitch.com)




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