[Deathpenalty] death penalty news----MD., N.C., FLA., S. DAK., IDAHO, LA.

[Rick Halperin]

Feb. 6


MARYLAND:

Deliberations to resume in Arundel death-penalty trial ---- Convicted killer 
accused of slipping out of cell, murdering guard


Jury deliberations in the death-penalty trial of a convicted killer charged in 
the murder of a correctional officer are scheduled to resume Monday morning in 
Anne Arundel County.

Jurors already have deliberated for a day and a half in the case of Lee Edward 
Stephens, 32, 1 of 2 prisoners accused of fatally stabbing Cpl. David McGuinn 
as he performed a prisoner count at the House of Correction in July 2006.

The long-troubled and antiquated maximum-security prison in Jessup was closed 
in March 2007 after a new corrections chief said it could not be made safe. 3 
inmates were slain there during the summer of 2006, and another correctional 
officer was ambushed and stabbed in early March 2007 but survived.

(source: The Baltimore Sun)






NORTH CAROLINA:

Race and Death Penalty Juries


North Carolina courageously passed the Racial Justice Act in 2009, making it 
the 1st state in the country to give death row inmates a chance to have their 
sentences changed to life without parole based on proof that race played a 
significant role in determining punishment.

A state court is now hearing the 1st challenge to a death sentence under that 
law. Marcus Robinson, who has been on death row since 1994, must prove that 
state prosecutors discriminated against blacks in selecting juries, affecting 
the outcomes of cases, including his. His lawyers presented a notable study by 
researchers at Michigan State University showing this kind of bias.

In 173 cases between 1990 and 2010, the study examined decisions involving 
7,421 potential jurors (82 % were white; 16 % were black). In 166 cases, where 
there was at least 1 black potential juror, prosecutors dismissed more than 
twice as many blacks from the jury (56 %) as others (25 %). With black 
defendants, like Mr. Robinson, the disparity was even greater. Even accounting 
for “alternative explanations” besides race for different “strike rates” — for 
instance, excluding those who expressed ambivalence about the death penalty — 
the study found blacks were still more than twice as likely to be dismissed.

Under a 1986 Supreme Court case, it is unconstitutional for a prosecutor to 
strike any potential juror on the basis of race, ethnicity or gender. But the 
court allowed dismissals of jurors for other reasons — like their attitude 
toward the death penalty or even their demeanor. Prosecutors often use these 
reasons as pretexts to eliminate blacks from juries. North Carolina’s Racial 
Justice Act expressly allows consideration of a pattern across many cases. The 
study found a regular pattern of state prosecutors intentionally discriminating 
against potential jurors because of race, even though a judge had ruled that 
the potential jurors could be counted on to render a fair verdict and sentence 
in a death penalty case.

This bias is not news in North Carolina. Since colonial times into recent 
decades, racial prejudice has been a huge factor in the imposition of death 
sentences in the state. The Racial Justice Act, a response to that terrible 
history, uses statistical studies in regulating the death penalty, as the 
Supreme Court said legislatures could properly do in a 1987 case. Opponents of 
the law are battling to repeal it and have scheduled a hearing on it this week. 
The evidence of gross racial bias presented in Mr. Robinson’s case calls for 
commuting his sentence — but also for abolishing the death penalty in North 
Carolina.

(source: Editorial, New York Times)






FLORIDA:

Equal Time: ‘The other Robert Waterhouse’ says don’t execute


He hasn’t asked me, but I have written to tell my namesake and friend Robert 
Waterhouse that I will not be at his execution if it takes place as scheduled 
on Feb. 15.

In my book, capital punishment is murder in cold blood. I will not be party to 
that.

I’m a British journalist who happens to carry the same name as the man 
convicted of murdering Deborah Kammerer at St. Petersburg, Fla., in January 
1980, the man also convicted of murdering Ella Mae Carter at Greenport in 1966.

I have known my namesake for 11 years since I “discovered” him on Google. I’ve 
visited him several times, regularly exchanged letters with him and met his 
wife. I have tried to help him.

Throughout our friendship I have accepted his story — which he maintains to 
this day — that he did not murder Ms. Kammerer.

But forget about the guilt/innocence issue for a moment. Let’s look at what my 
namesake has been through since he was arrested.

He was first put in a county jail cell with many others, where he was alleged 
to have incriminated himself. He was then tried and convicted by the press in 
advance of court procedures. At the trial his defense offered no credible 
support for his story. Prosecution evidence was flawed. It was a circumstantial 
case. No hard proof linked him to the killing.

Convicted of 1st-degree murder, he arrived on death row in September 1980. An 
initial death warrant was stayed at the last minute in 1985 when pro bono 
lawyers established that mitigation issues had not been raised at his 
sentencing. At a 2nd sentencing trial he was again given death.

Since then my namesake has worked his way through a variety of appeals, always 
attesting innocence, appeals denied by the Florida Supreme Court. Several years 
ago he exercised his right to have DNA testing of the case serology only to 
discover that all physical evidence had been inadvertently destroyed.

Testing might have established his innocence, but the court would not accept 
this blunder as cause for retrial. Think of it. The serology could also have 
been very damning. So why did he wish it to be tested?

Life on death row is no fun. Recent photographs show Robert Waterhouse as a man 
suffering hugely from his 31-plus years there. Incredibly, 27 others have been 
there longer than he. Currently, Florida is executing its 395 death row 
prisoners at just one or two a year. My namesake, again, won the wrong lottery.

I once visited Greenport and met Troy Gustavson, among others. I understand why 
there is little sympathy for my namesake in your community. However, for Mr. 
Gustavson to claim that he has “decidedly liberal tendencies” but approves of 
capital punishment makes little sense.

I suspect his “eye for an eye” is a nod in the direction of his readers. No 
doubt the event will give him another story.

Executions are ritual murder in cold blood.

I will not be there.

Mr. Waterhouse is a freelance journalist who lives in France. To read his 
reporting on the Florida Waterhouse case, visit 
justicedenied.org/robertwaterhouse.htm.

(source: Suffolk Times review)



SOUTH DAKOTA:

Rodney Berget sentence expected Monday


Rodney Berget has admitted to killing Correctional Officer Ronald Johnson 
during a failed escape attempt at the South Dakota State Penitentiary last 
April.

Last week we watched Berget's sentencing phase unfold as Berget told the court 
he deserves the death penalty for what he did.

Monday Judge Brad Zell is set to decide if Berget will die for the crime.

It's impossible to say what Judge Zell will decide for Berget, either the death 
penalty or another life sentence.

The inmate was already serving life for rape and attempted murder when he 
killed Officer Ronald RJ Johnson.

But we do know Berget's accomplice Eric Robert also pleaded guilty to the 
murder and the judge did sentence Robert to death.

While we can't predict Monday's outcome, we can take a look back at this week 
of testimony.

Rodney Berget's sentencing phase began Monday January 30th. South Dakota 
Attorney General Marty Jackley and Defense Attorney Jeff Larson gave their 
opening statements, setting the tone for the week.

Jackley said, "your honor, the state will demonstrate that Berget's extreme 
violent actions coupled with his intensive escape history that death is the 
appropriate and indeed the only viable conclusion for this court to reach."

Larson said, "you will hear testimony of some of the humanity people see in 
him, that too often we want to deny exists in people that are in situations 
like Rodney."

On Tuesday, 2 of Berget's victims from prior crimes spoke to court. A woman 
Berget is convicted of raping and Beatrice Miranda, an ex-girlfriend Berget 
tried to kill.

Miranda said, "by the time I turned around he was already at my bedroom door so 
I just started shooting (Jackley) were you scared? (Miranda) yes."

After the victims' testimony, Officer RJ Johnson's wife and 2 children took the 
stand. Lynette Johnson told the court there was no reason for her husband to 
die.

Lynette said, "they could've just tied him up, if he knew they were gonna hurt 
him and take him away from me, he would've gave them his uniform, just to stay 
with me."

On Wednesday 3 defense witnesses took the stand and on Thursday Berget finally 
spoke for himself.

Berget said, "I believe I deserve the death penalty for what I've done. That's 
all I have to say."

After that both sides rested their case and left the decision in Judge Brad 
Zell's hands for Monday.

Attorney General Marty Jackley asked RJ Johnson's son Jesse and daughter Missy 
if Berget deserves the death penalty.

Jesse told the judge to do whatever his heart feels is right and Missy said she 
thinks Berget does deserve to die for killing her father.

Judge Zell will discuss his decision starting at ten Monday morning at the 
Minnehaha County Courthouse.

(source: KSFY News)






IDAHO:

Changes for state execution policy and procedures


Right after Paul Rhoades became the 1st person executed in Idaho in more than 
50 years, department of correction administrators reviewed the execution and 
felt some changes needed to be made prior to any future executions.

IDOC director Brent Reinke said his department has sense made changes in the 
standard operation procedure.

"This needs to be flawless and we need to do the right job for our state. It's 
a significant undertaking and it's something that we wanted to make sure as we 
debrief and find areas where we can improve the process," Reinke said.

Under the improved operating procedure, the warden will no longer be solely in 
charge of every aspect of the execution.

"There's just too many areas around the facility for that individual to take 
care of in this kind of setting so we have an administrative team that can be 
spread out a little more," Reinke said.

The administrative team will handle most of the logistics surrounding the 
execution while the warden continues to focus on the day-to-day operations.

Members of the media are usually selected as witnesses of the execution but in 
the past, the selection occurred on the day of the event. Under the new policy, 
members of the media will be selected 7 day in advance.

"That will give us some time to work with those media witnesses prior to them 
representing the public in that event," Reinke said.

The new policy also allows additional witnesses related to the case to view the 
execution.

When Paul Rhoades was put to death, executioners used a 3-drug protocol to do 
the job but for future cases, executioners will have the option to use a single 
lethal dose of drugs.

"we want to have in our standard operating procedure the flexibility to either 
use the three as we did and that would be our intentions, but if there were 
some reason that we would want to use the one drug protocol that is a part of 
the three, then we would have the flexibility to be able to do that," Reinke 
said.

During past executions, the team responsible for administering the lethal 
injection was labeled the injection team but Reinke said their title has 
changed to medical team.

There are other ideas Reinke would like to put in place regarding execution 
procedures and policies but KBOI was told those specific recommendations would 
require approval from state law makers.

(source: KBOI News)






LOUISIANA:

Coleman penalty testimony continues


Julie Lloyd gulped sobs as she described a close-knit family torn apart by the 
murder of her father Julian Brandon in 2003.

Lloyd and her sister Dawn Finley were the final prosecution witnesses in the 
sentencing hearing for Robert Coleman Sunday. A Caddo Parish jury Friday found 
Coleman guilty of the attack that killed Brandon and permanently disabled his 
wife, Alice Brandon. The jury could decide today whether to sentence Coleman to 
death or to a life in prison.


Coleman was convicted of the same crime and sentenced to death in 2005. 
However, the Louisiana Supreme Court dismissed the conviction in 2007 and 
ordered a new trial. For a 2nd time, Lloyd and Finley had to talk about family 
vacations, describe photos of happier times and talk about how their parents 
shared the same birthday.

“Every evening we sat down together and ate dinner together,” Lloyd said. 
“There would be no distractions, no TV on. It was the highlight of our day.”

Alice Brandon never recovered completely from a gunshot wound to the head. She 
died in 2008.

Earlier Sunday, psychologist Mike Chafetz testified that he believes Coleman 
doesn’t fit the psychological or legal criteria for mental retardation. The 
defense contends that Coleman is retarded, a factor the jury is supposed to 
weigh when deciding on the death penalty.

Chafetz described the tests he gave Coleman during a jail visit in July. He 
administered intelligence tests, questioned Coleman about how Coleman would 
handle everyday activities and tested Coleman’s ability to address an envelope 
and write out a check, among other skills.

“It’s not about coming to a single IQ score,” Chafetz said. “It’s about trying 
to capture the man’s intelligence.”

(source: Shreveport Times)