[Deathpenalty]death penalty news --- GEORGIA, IOWA

[Joerg Sommer]

death penalty news

April 8, 2005


GEORGIA:

'Aggravated circumstances' led to death penalty decision - DA seeks capital 
punishment in slaying of Pendergrass officer

Killing a working policeman is such a heinous crime that Piedmont District 
Attorney Tim Madison decided last week to seek the death penalty for the 
man accused of killing a Pendergrass officer.

Richard Whitaker, 27, of Flowery Branch, faces charges of felony murder, 
aggravated assault on a peace officer, possession of fire-arms by a 
convicted felon and five others. Police officer Chris Ruse was shot and 
killed Dec. 29.

Madison filed a notice of intent March 31 with the Jackson County Superior 
Court that cites three reasons for seeking the toughest possible punishment 
for Whitaker.

"After we reviewed the case and interviewed the witnesses, it appeared 
there were two occasions of aggravated circumstance, one for murder and the 
second for murder to avoid a lawful arrest (of Whitaker himself)," Madison 
said.

"To seek the death penalty there has to be at least one and in this case 
there were two," he said.

A third factor in the decision is that Whitaker allegedly committed the 
crime while out on bond after a conviction for possession of 
methamphetamine and possession of a firearm during the commission of a 
felony, according to the notice.

The trial's next step will be a first appearance hearing followed by an 
arraignment, which should happen sometime in the next 60 days, Madison said.

The other man with Whitaker during the incident, Nolan Leon Chauvin IV, 
pleaded guilty to lesser charges last month.

As part of Chauvin's plea bargain, he has agreed to testify against 
Whitaker, Madison said.

Whitaker and Chauvin are being held in the Jackson County jail without bond.

Ruse was 45 at the time of the Dec. 29 shooting, which happened about one 
mile from the Hall County border on U.S. 129. Authorities said Ruse had 
attempted to pull over a pickup truck for a traffic violation.

(source: The Gainesville Times)





IOWA:

McKibben Calls for Debate on Death Penalty 	
  	
Currently, conviction on each such offense is punishable by life in prison 
without parole. Iowa does not have a death penalty.

"The toughest punishment we have in Iowa is life without parole," said 
McKibben. "We simply can't stack up multiple life without parole penalties 
and have it mean something to these criminals. Clearly, the possibility of 
life without parole wasn't enough to deter Roger Bentley. We need to have a 
serious debate in the Legislature about instituting the death penalty for 
offenders like Bentley."

McKibben also called on the Senate to take action on measures proposed 
earlier this week by Senate Republicans that would target sex offenders. 
Those proposals include the following: increasing penalties for the offense 
of lascivious acts with a child, more treatment for offenders while they're 
incarcerated, requiring mandatory supervision after sex offenders are 
released from prison, requiring those on the sex offender registry to 
provide DNA samples and restricting sex offenders from residing within 
1,000 feet from schools and day care centers.

On Thursday, the Senate Judiciary Committee appointed a bipartisan 
subcommittee to work on developing legislation aimed toughening Iowa's sex 
offender laws. McKibben, who was appointed to the committee, said future 
legislation must include these proposals.

The subcommittee will be co-chaired by Sens. Chuck Larson (R-Cedar Rapids) 
and Bob Dvorsky (D-Coralville). Members on the committee include McKibben, 
Nancy Boettger (R-Harlan), Wally Horn (D-Cedar Rapids) and Gene Fraise 
(D-Fort Madison).
In addition to the Senate proposals, the legislation developed by the 
subcommittee could also include items from a sex offender bill approved by 
the House on Wednesday.

"Sex offenders are among the most monstrous criminals in our society and 
they must be dealt with seriously," said McKibben. "The state needs to 
ensure its taking every step to protect our children from these sexual 
predators."

(source: Mid Iowa Enterprise)