[Deathpenalty] [POSSIBLE SPAM] death penalty news----TEXAS, PENN., OHIO, NEB., USA

[Rick Halperin]

Oct. 18


TEXAS:

Evidentiary Hearing Granted to Evaluate New Evidence Regarding the Actual 
Innocence of Robert Gene Will


FOR IMMEDIATE RELEASE


On October 19, 2011 a limited evidentiary hearing will take place for Robert 
Will who has resided on Death Row for 9 years. Robert Will has always 
maintained his innocence and instead declared another man shot Deputy Hill,the 
police officer Robert Will was sentenced to die for killing in 2002.

Now a new witness has joined the voices of 3 others who support Robert Will’s 
innocence claim and have provided affidavits to the courts. This witness will 
give testimony to the courts on October 19ththat they saw the real killer 
shortly after the shooting with blood on him. The police never investigated the 
real shooter because he is the son of a police officer.

Dawn Bremer, the spokesperson for the Robert Will Defense Committee commented 
on the importance of the developments in the case, “This hearing can open the 
door to letting the truth finally be brought to light and justice being served 
not only for Mr. Will, but for Deputy Hill’s family by clearing an innocent man 
and putting the focus on the real murder.”

Robert Will’s case is not unique and is in fact very similar to Troy Davis’, 
the death row prisoner who was murdered by the state of Georgia on the night of 
September 21, 2011. Davis also proclaimed his innocence until the very end and 
hundreds of thousands of people rallied to his side, here in the United States 
and around the world. Seven of the nine original witnesses recanted their 
testimony and no actual evidence exits to tie Davis to the murder of the police 
officer he was convicted and sentenced to death for killing.

Since 1976 over 130 people have been exonerated from death row in the United 
States despite strict regulations around petitioning for new factual evidence 
to be reviewed by a jury and judge.

The family of Deputy Barry Hill was devastated by the loss of Mr. Hill. Robert 
Will’s family, a young son Robert Will hasn't seen since his incarceration in 
2000 should not have to suffer that same fate. Someone killed Deputy Hill on 
December 4th, 2000. Robert Will is not that guy.

(source: TDPAM)






PENNSYLVANIA:

Washington County DA to seek death penalty in elderly woman's death


Washington County District Attorney Steve Toprani's office will seek the death 
penalty against one of three California family members charged in connection 
with the stabbing death of a 92-year-old woman in her home in July.

Assistant District Attorney Michael Lucas gave formal notice Tuesday that the 
office will seek the death penalty against David A. McClelland, 56, who is 
charged with murdering his neighbor, Evelyn Stepko, on July 18.

"We filed notice with the court and the defendant this morning that we believe 
there were aggravating factors in the homicide case against David A. McClelland 
in as far as the death was deliberately committed in the commission of another 
felony," said Toprani's chief of staff, Steven Fisher.

The elder McClelland, his wife, Diane, 48, and his son, David J. McClelland, 
36, a former part-time Washington Township police officer, are awaiting trial 
on charges related to Stepko's murder and for stealing money from her over the 
past 2 years. The three were formally arraigned before Washington Judge Paul 
Pozonsky this morning.

Diane McClelland does not face homicide charges, but is accused of benefitting 
from the proceeds of the multiple burglaries at Stepko's home.

State police allege McClelland and his wife filed for personal bankruptcy 
before the 1st burglary on Aug. 4, 2009. After that, they started going on 
gambling sprees at Meadows Racetrack & Casino and bought expensive vehicles.

The elder McClelland worked as a handyman for Stepko up until she was murdered, 
according to state police at Belle Vernon. Stepko was found at the bottom of 
her basement stairs. She died of 2 stab wounds to her neck and blunt-force 
trauma to her chest, authorities said.

Police said David A. McClelland was receiving $1,000 a month in disability 
benefits, and his wife was making about $22,000 a year as a grocery store 
clerk. Last year, police allege, she paid $43,844 in cash for a 2009 Lincoln 
Navigator and later paid $11,750 in cash for a Grand Am for her stepson.

McClelland and his son have admitted their roles in Stepko's murder, according 
to police.

When police questioned Diane McClelland, she maintained that she was unaware 
her husband and stepson allegedly were burglarizing Stepko's home. She said the 
money spent at the casino and on the vehicles came from winnings from a 
private, illegal lottery and a $9,000 income-tax refund.

Her stepson told police she knew about the burglaries, according to the 
affidavit of probable cause.

Fischer said it is "premature" to say whether Diane McClelland and David J. 
McClelland will testify for the prosecution at trial against the elder 
McClelland.

David A. and David J. McClelland are being held without bond in the Washington 
County Jail. Diane McClelland was released after posting $100,000 bond, 
according to court records.

(source: Pittsburgh Tribune-Review)

******************

Despite reputation, Morganelli takes death penalty off the table


Northampton County District Attorney John Morganelli holds a reputation as a 
fierce proponent of the death penalty, ever since 1993 when as a young 
prosecutor he sued then-Gov. Robert P. Casey to force him to sign death 
warrants.

But Morganelli's record shows that with the state's ultimate punishment, he's 
far more pragmatic than the headlines suggest.

"I know that's my reputation," Morganelli said. "It's not necessarily the 
reality."

Morganelli last week bargained away the death penalty in two murder cases in 
exchange for guaranteed life in prison without parole. Those join at least 5 
others in which the veteran prosecutor has struck such deals — and many more 
have been offered, but refused by defendants intent on their day in court.

Because he supports capital punishment, "that doesn't mean that I'm stupid, 
that I'm going to roll the dice, just to get the death penalty," Morganelli 
said.

Only once in Morganelli's two decades at the helm has he gone to trial solely 
over whether a defendant should be executed: in May with Michael Eric Ballard, 
who stabbed to death four people in Northampton while on parole for a 1991 
murder. Ballard, who pleaded guilty to last year's killings, was sent to death 
row by the jury, the county's first such verdict in nearly 25 years.

That case, the bloodiest in the Lehigh Valley in memory, was an exception given 
its grisly nature, Morganelli said. As a policy, he's willing to give up 
capital charges for a sure conviction and life in prison.

Death sentences guarantee decades of appeals, and 1962 was the last time a 
murderer was executed in Pennsylvania against his will. Morganelli said he 
recognizes that there's usually little to gain in insisting on the death 
penalty — but a lot to lose if a defendant is acquitted, convicted of lesser 
charges, or allowed years of resource-draining appeals.

"Here in Pennsylvania, we know there's a de facto moratorium [on executions] 
that's been imposed by the federal courts," Morganelli said. He didn't know if 
he would have the same approach if he was in an execution-friendly state like 
Texas. "We have to face the reality of the situation here."

Last week, Barry L. Soldridge Jr. was convicted by a jury of shooting and 
killing his ex-girlfriend and her new beau with an assault rifle in Lehigh 
Township. Facing a possible death sentence, he entered into an agreement Friday 
in which he accepted life in prison and waived his rights to appeal.

The same day, John McGlinchey III pleaded guilty to first-degree murder for 
fatally shooting an Easton woman on Christmas Eve, in a deal as he also faced 
capital charges. McGlinchey will serve life, and he also forfeited his appeals.

In both cases, the bargains had the blessings of the families of the victims. 
Morganelli said he might reconsider the agreements if there was "extreme, 
outrageous opposition" by loved ones, but he said he's yet to see that.

"John is very practical when it comes to those cases," said Bethlehem defense 
attorney Matthew Potts, noting interviews Morganelli gave after McGlinchey's 
plea. "What he says is exactly right. It brings closure to the case. Otherwise 
there's going to be appeals until who knows when."

Potts defended Robert W. White Jr. when he was tried in 2009 for binding, 
raping and suffocating an Easton woman on Halloween 1978. He also represented 
Paul Serrano III, who mistakenly shot and killed a 15-year-old boy in Bethlehem 
while trying to kill a rival drug dealer in 2006.

Both cases were resolved through guilty pleas in which the death penalty was 
dropped, and the defendants accepted life in prison without parole and waived 
their appeals. White's came only after testimony began in his trial from other 
women he'd attacked.

There are clear benefits to prosecutors in charging defendants with capital 
murder, even if it is ultimately not sought, said Gary Asteak, an Easton 
defense lawyer and a past president of the Pennsylvania Association of Criminal 
Defense Lawyers.

It is a useful plea bargaining tool, Asteak said. Also, capital juries are 
widely perceived as more likely to find a defendant guilty at trial, he said, 
given a rigorous jury selection process that weeds out prospective panelists 
who couldn't impose death if it gets to sentencing.

"In reality, if John can save the taxpayers money, save his office money, and 
get the defendant off the street for the rest of his life, his goal is a valid 
one and he's serving a legitimate purpose," Asteak said of the plea agreements.

David Rose of Easton, a board member of Pennsylvanians for Alternatives to the 
Death Penalty, said he doesn't see Morganelli as an ideologue, though he 
disagrees with him.

"He's like a lot of politicians," Rose said. "He thinks that what's good for 
him is good for society."

Rose said he's spoken to former prosecutors in Morganelli's office who opposed 
the death penalty and reported that he had no problem with their views. 
Likewise, Rose said he's talked to former jurors who were holdouts against the 
death penalty, who related that Morganelli was not upset with them.

Asteak declined to discuss his view of Morganelli's personal feelings on the 
death penalty. Potts said Ballard's case is a counter to those who question 
whether Morganelli chases capital punishment as strongly as his public image 
suggests.

"It's tough to say that he's not someone who will pursue it, because he did," 
Potts said. "If anyone had any doubts that he's willing to go all the way, he's 
erased them."

Christopher Shipman, an Easton attorney who represented Soldridge, said he 
appreciates there are many reasons for agreements like the one his client 
accepted: It ends the case, costs far less, and guarantees that the defendant 
will never be released. But he said he wonders if there is anything else to 
Morganelli's decisions.

"Maybe he just didn't think my guy deserved to die," Shipman said. "He's never 
said it, but maybe that is something that goes on, I don't know."

Morganelli's lawsuit against Casey 18 years ago came in the first term of a 
prosecutor who has since three times run unsuccessfully for state attorney 
general.

The suit sought to force Casey to sign the death warrants for Martin Appel, who 
killed 3 people in a East Allen Township bank robbery in 1986, and Josoph 
Henry, who raped and murdered a Lehigh University student in the same year. 
Morganelli prevailed at Commonwealth Court, and Casey's successor, Tom Ridge, 
settled it by signing both warrants.

But neither Appel nor Henry were executed, with their death sentences thrown 
out by the courts at appeal. The result: Morganelli struck deals with them for 
life in prison, in exchange for waiving their appellate rights, Appel in 2001 
and Henry in 2002.

****************

DEATH PENALTY PLEAS

Despite a reputation as a vocal backer of capital punishment, Northampton 
County District Attorney John Morganelli has long been willing to give up the 
death penalty in exchange for guilty pleas and a waiver of appeals, including 
two cases last week.

Some of the others:

•Russell Buskirk, convicted of first-degree murder for shooting a man in 
Plainfield Township in 2000. Before sentencing, prosecutors agreed to take the 
death penalty off the table, for life in prison.

•Paul Serrano III, who shot a 15-year-old boy in Bethlehem in 2006. Serrano 
pleaded guilty to first-degree murder and is serving life.

•Robert W. White Jr., who raped and killed an Easton woman in 1978. Partway 
through a 2009 trial, he pleaded guilty to first-degree murder and is serving 
life.

•Trillble El, who shot her boyfriend at his Bethlehem apartment in 2007. She 
pleaded guilty to third-degree murder and other charges and was sentenced to 20 
to 40 years.

•Joseph Urquia, who beat to death his 8-week-old daughter in Easton last year. 
He pleaded guilty to third-degree murder and got 20 to 40 years.

(source: Allentown Morning Call)






OHIO:

Pettaway indicted in Springfield Twp. double homicide


Cameo Pettaway, who is charged in the murders of a Springfield Township couple, 
will face the death penalty if he is found guilty of the January slayings.

Mr. Pettaway, 22, was indicted by a Lucas County Grand jury Tuesday on 2 counts 
of aggravated murder, 1 count of aggravated burglary, and 2 counts of 
kidnapping.

Mr. Pettaway, whose last known address is 133 Essex Drive in Toledo, was 
arrested Oct. 10 for his alleged part in the asphyxiation deaths of Lisa< 
Straub and Johnny Clarke, who were found bound with plastic bags over their 
heads in Miss Straub’s parents’ Longacre Lane home on Jan. 31.

Also charged in the murders is Samuel Todd Williams, 24, of 1626 Kelsey Ave. If 
convicted, he, too, could face the death penalty.

Mr. Pettaway’s mother, Kenyatta Baker, has told The Blade that the two men are 
close friends.

(source: Toledo Blade)






NEBRASKA:

Death Penalty Sought For Stepfather Of Slain Girl----Salvador Lopez Charged 
With First-Degree Murder


Sioux County prosecutors have submitted the necessary filing to seek the death 
penalty against a western Nebraska man accused of killing his 8-year-old 
stepdaughter.

Salvador Lopez, of Mitchell, is charged with 1st-degree murder in the death of 
Kerra Wilson. Her body was found Sept. 22 on remote ranchland several miles 
north of their home.

Online court records show prosecutors on Monday filed a notice of aggravated 
circumstances in the case.

While the state is required by law to state its intentions to seek the death 
penalty from the beginning of a case, it could later determine not to seek the 
death penalty.

Lopez said he dropped her off at school but she didn't appear in any 
surveillance footage in the school or playground.

(source: KETV News)






USA:

Perry’s Executions Defy Sense and Conscience: Margaret Carlson


The most indelible moment of the recent Republican debates -- even more 
unnerving than the crowd booing a gay soldier or the eruption of scattered 
applause in appreciation of the free market ushering a hypothetical patient to 
his death for lack of insurance -- was Texas Governor Rick Perry’s execution 
answer.

In a debate in September at the Ronald Reagan Presidential Library, moderator 
Brian Williams tried to pose a question to Perry, beginning: “Your state has 
executed 234 death row inmates, more than any other governor in modern times. 
Have you -- ”

Before he could finish, Williams was drowned out by lusty cheers and piercing 
whistles from the audience.

It’s one thing to support the death penalty. It’s quite another to relish it 
like fans cheering a winning touchdown. The Supreme Court reinstated the death 
penalty in 1976 -- although retired Justice John Paul Stevens now says his vote 
in favor is the one regret of his 35 years on the bench. Public support for the 
death penalty remains broad, but it has waned in recent years. The imposition 
of life sentences without parole, the failure of the death penalty to deter 
violent crime (Texas has both the highest number of executions and an 
above-average murder rate) and publicity about wrongful convictions have all 
taken a toll.

According to a CBS-New York Times poll last month, support for the death 
penalty for convicted murderers has fallen to 60 percent, down 18 percentage 
points from when the question was first asked by CBS in October 1988. That was 
the autumn when Democratic presidential candidate Michael Dukakis was being 
pummeled for being soft on crime. Unwilling to replicate Dukakis’s experience, 
every Democratic presidential nominee -- and even many Democratic officials in 
liberal enclaves like New York City -- have supported capital punishment ever 
since.

Out of Sight

Our executions take place conveniently out of sight. Firing squads and hangings 
have given way to what looks like a patient being given anesthesia in an 
operating room, only the prisoner convulses and never wakes up. Curiously, the 
gung-ho types who cheer loudest for Perry’s body count -- it’s since grown to 
235 -- are often the most likely to contend that government can do nothing 
right. When it comes to choosing who should be put to death, however, 
government remarkably can do nothing wrong.

Facts have never had much sway in this debate. Since 1993, according to the 
Death Penalty Information Center, there have been 138 death-row inmates who’ve 
been exonerated and released, some as a result of DNA evidence. There is no way 
to rationally evaluate such information without concluding there is a high 
likelihood that innocent people have been convicted of murder and executed in 
the U.S.

Inmates have been sent to death row due to faulty eyewitness testimony (which 
is frighteningly common), poor forensics (most crime labs do not resemble 
“CSI”), overworked police and prosecutors (under pressure to solve crimes 
quickly), or shoddy defense lawyers. The Senate Judiciary Committee found that 
“egregiously incompetent defense lawyering” accounted for about two-fifths of 
the errors in capital cases. In an infamous case in Texas, a defense attorney 
who slept in court was not sufficient grounds to reverse his client’s 
conviction. Poverty and race play their part as well: About 70 % of those 
exonerated by DNA testing are black or Hispanic.

“Actually” Innocent

None of this matters. In denying an appeal by Georgia death-row inmate Troy 
Davis, who was subsequently executed, Supreme Court Justice Antonin Scalia 
wrote that the court “has never held that the Constitution forbids the 
execution of a convicted defendant who has had a full and fair trial but is 
later able to convince a habeas court that he is ‘actually’ innocent.” By 
Scalia’s reckoning, justice is a process, not a result: A wrongful conviction 
is small potatoes, an unfortunate detail, when weighed against a technically 
fair trial process.

In Davis’s case, seven witnesses recanted their testimony, and the evidence 
linking him to the shooting of an off-duty policeman was largely 
circumstantial. Former FBI Director William Sessions, former Republican 
Representative Bob Barr, former wardens -- even Pope Benedict XVI -- asked 
Georgia to delay Davis’s execution. He died by lethal injection on Sept. 21.

In 2004, Perry similarly refused to delay the execution of Cameron Todd 
Willingham despite mounting evidence -- made possible by advances in forensic 
science -- that the fire that killed Willingham’s three children had not been 
deliberately set. Perry didn’t wait for additional findings in the case from a 
special commission; he was in a hurry. Willingham was executed.

At the Reagan library debate, Perry confidently told Williams that he had never 
lost sleep over any of the 234 people executed during his tenure as governor. 
It’s an alarming statement if false, a contemptible one if true. Perry will 
soon face another test -- the convoluted case of Henry Watkins Skinner, who is 
scheduled to be executed by Texas on Nov. 9. As Perry travels the country 
seeking to convince Americans that he’s worthy of the presidency, he would do 
well to struggle a bit over Skinner’s fate, even if it slows the death machine 
that Texas has embraced. It’s worth losing sleep over life-and-death decisions. 
It’s what presidents, and other moral beings, do.

(source: Margaret Carlson is a Bloomberg View columnist. The opinions expressed 
are her own----Bloomberg News)