[Deathpenalty] death penalty news----OHIO, KAN., ARIZ., CALIF.

[Rick Halperin]

Dec. 14



OHIO:

Watered-down death penalty bill still not acceptable: editorial


It's unconscionable for Ohio's elected officials to disregard transparency and 
medical ethics in order to continue executing death-row inmates.

That's what the Ohio General Assembly is on the verge of doing. The Senate 
Thursday passed Substitute House Bill 663, legislation that would allow 
companies that provide lethal-injection drugs to the state to remain anonymous 
for 20 years and that would prevent medical licensing boards from disciplining 
physicians who assist with executions or testify in court in death-penalty 
proceedings.

While the Senate-passed bill is an improvement over the House version - in part 
because it includes a two-year sunset provision - it still violates the 
public's right to know about government contracts and interferes with the 
medical profession's longstanding code of ethics.

Ohio's death penalty protocol is in flux because manufacturers of 
pentobarbital, the state's execution drug of choice, stopped allowing the drug 
to be used to carry out executions. And when the state turned instead to a 
cocktail of midazolam, a sedative, and hydromorphone, a morphine derivative, 
questions of cruel and unusual punishment arose.

Senate lawmakers removed language from the bill that would have voided business 
contracts that prevent the sale of drugs to the state for execution purposes -- 
to prevent any unintentional shortage of critical drugs used for other 
purposes.

The bill's secrecy language would allow so-called compounding pharmacies to 
produce pentobarbital and sell it to the state secretly, preventing public 
review of the contracts. What's more, regular providers could be grandfathered 
for 20 years under the bill's secrecy provisions, even if the bill is allowed 
to expire, said Gary Daniels of the American Civil Liberties Union of Ohio.

The Ohio Ethics Commission would vet the suppliers, according to the bill, but 
their identities would remain sealed by the court. Attorneys for condemned 
prisoners trying to assess the means by which their clients are to be put to 
death would be not be able to subpoena the names, Daniels said.

This is unacceptable, just as it is unacceptable that the state is pitting 
doctors against their own licensing boards, which in Ohio do not allow their 
members to take part in execution protocols.

The Senate-passed legislation is scheduled to go back to the House for 
concurrence this week. If lawmakers do not reconsider, Gov. John Kasich should 
veto this bill.

(source: Editorial Board, Cleveland Plain Dealer)






KANSAS:

Billy Frank Davis Jr. Faces Death Penalty For Raping And Killing 8-Year-Old 
Ahliyah Nachelle Irvin


In March 2012, 8-year-old Ahliyah Nachelle Irvin was kidnapped while she slept. 
Billy Frank Davis Jr., 31, who was both drunk and high on cocaine, raped, beat 
and strangled her to death before hiding her body in a dryer.

In a Topeka, Kansas, courtroom yesterday afternoon, Davis was convicted of 
homicide, rape of the child, aggravated kidnapping of the child, burglary, 2 
counts of aggravated burglary, and 2 misdemeanor counts of criminal damage to 
property.

Sharon Miller, Ahliyah's grandmother, wrote handwritten note provided to the 
Topeka Capital-Journal. It read, in part, "justice has been served...even 
though Ahliyah will never go to the prom or fall in love, or grow up to have a 
family...We all still miss the loss of our beautiful Ahliyah, her touch, her 
smile, her loving hugs but we as a family know she is in Heaven smiling down on 
us and is happy now and looks down on us letting us know everything is going to 
be OK now." The note was signed "Grandma Sharon."

Now jurors must decide whether or not Davis should face the death penalty or 
life in prison. They must vote unanimously to impose the death penalty.

Davis' defense attorney Julia Spainhour argued that her client was so 
incapacitated, he did not have the mental capacity to intend to kill Ahliyah - 
which may be a mitigating factor during the sentencing process. Spainhour told 
the jurors that Davis told Topeka police detectives "'I didn't intend to kill 
her; I didn't intend to hurt her.'"

The judge reminded the jury that "voluntary intoxication" was a valid defense, 
and Spainhour said it applied to Davis.

Miller's note added that she felt justice had been done by reaching a guilty 
verdict. "Justice has been done to the point that this man will never be able 
to take another baby's life, be able to traumatize a family of another victim," 
she wrote.

"He has had his control during all of this...but now we have the control back."

(source: opposingviews.com)






ARIZONA:

Retrial Hearing Returns Monday After Juror Gets Sacked; Convicted Murderer Has 
Better Chance To Go Free?


The Jodi Arias murder case has hit a snag when a juror was sacked after it was 
found that she had a prior arrest. Does this mean that the convicted murderer 
has a better chance of escaping the death penalty?

Juror No. 3, identified as Melissa Lenette Garcia, reportedly was charged for 
issuing bad checks which caused her to be booted out of the pretrial jury to 
determine if Jody Arias should die for the murder of boyfriend Travis 
Alexander, reported Radar Online.

"Maricopa County jail records show Garcia, 36, was arrested on November 28, the 
day after Thanksgiving," it said. "Her mugshot is online on inmate search 
websites, but no other details about her case were published."

This wasn't the 1st time a juror involved in the death penalty hearing in 
connection to the Jodie Arias murder case was kicked out. Back in October, 
another member of the panel was dropped after talking to a reporter.

In another report, the convicted murder might escape jail time altogether on a 
technicality.

This, after a judge is considering to hear the defense's case that she should 
escape the death penalty at the very least "because a key investigator 
mishandled the victim's laptop."

"A similar argument of police misconduct led the Arizona appeals court to rule 
Thursday that the Debra Jean Milke case must be dismissed," it said. "Milke 
served 2 decades on Arizona's death row after she was convicted in her young 
son's 1989 murder."

Even death penalty jurors would reconsider the Jodi Arias murder case if they 
do decide that she should get the ultimate sentence. "If Arias gets the death 
penalty, this case could come back with a new trial ordered. If she just gets 
life, it might not because of the lower scrutiny to the case," said Lawyer Beth 
Karas who followed the case since day 1.

(soruce: kdramastars.com)






CALIFORNIA:

Murder suspect appears in court


William Leo Altes III, the man accused of killing Greenville resident Lauren 
Lindskog Allen, didn't enter a plea during his Friday, Dec. 5, court 
appearance.

On the advice of his public defender, Robert Zernich, Altes agreed to wait 
until Dec. 19 in order for Zernich to review the evidence in the case.

Wearing striped jail clothing, the shackled and expressionless Altes quietly 
conferred with his appointed attorney before Plumas County Superior Court Judge 
Ira Kaufman read the charges against the 44-year-old Butterfly Valley man.

"Yes sir," Altes replied when the judge asked if he agreed to wait until Dec. 
19 to enter a plea.

Altes is accused of using a hammer and knife to kill Allen, 51, in the garage 
of her residence adjacent to the Coppercreek youth camp, which she co-owned, 
near Greenville.

He faces a possible sentence of life in prison if convicted. The District 
Attorney's Office has not ruled out seeking the death penalty once all the 
evidence has been gathered.

Allen's body was discovered by her boyfriend, Jared Tappero, about 6:40 p.m. 
Monday, Dec. 1, just minutes after he called 911 to report her missing.

Plumas County Sheriff Greg Hagwood said investigators are still working to 
piece together evidence surrounding Allen???s death. He said autopsy results 
will help determine when Allen was killed but they "won't give a specific 
hour."

"We start with what is indisputably known and work from there," Hagwood said. 
"We are looking at information provided by members of the community. We are 
also evaluating cellphone and credit card records to help us narrow down an 
exact time."

The morning of her death, from 9 to 11, Allen met with Plumas Charter School 
Director Taletha Washburn in Quincy. Allen was scheduled to begin work as an 
instructional aide Tuesday, Dec. 2, at the school???s Greenville Learning 
Center.

Washburn, like many community members, said she was having a hard time coming 
to grips with Allen's death. "It just doesn't seem real," she said.

Altes was last seen about 12:30 p.m. that day, when he stopped by the home of 
Greenville High School Athletic Director Mike Chelotti on Pioneer Road near 
Crescent Mills. Chelotti said he knew Altes, but didn't know his last name.

"Billy came to my house asking if I had gas, as he had run out on the grade 
above my house," Chelotti said. "I gave him a 5-gallon can (of gas)."

Chelotti said Altes appeared to be slightly upset and nervous. He said his dog 
repeatedly barked and focused on Altes. Chelotti said the dog had never done 
that to Altes before.

Chelotti said he also spoke to Allen over the phone that same morning. Allen 
was the Greenville High volleyball coach from 2009 to 2011.

When Chelotti heard about Allen's death, he said he immediately called the 
sheriff's office to "tell them the timeline."

When Allen's boyfriend called to report her missing, he told dispatchers that a 
1999 GMC Suburban was missing, as was Altes. He said Altes had been doing some 
part-time work at the camp.

After Allen's body was discovered, further investigation revealed that a 
Remington 870 shotgun, ammunition and Allen's credit cards were also missing.

Monday night, investigators learned that Allen's missing credit card was used 
at 4:30 p.m. Monday at a Corning gas station.

The sheriff's office then issued an alert to law enforcement agencies 
throughout the western states. According to dispatch logs, the alert was issued 
at 9:50 p.m.

The stolen vehicle was located by the California Highway Patrol along 
Interstate 5 near Willows.

A Glenn County CHP officer reportedly encountered Altes before the alert was 
issued. The officer said he spoke to Altes when he pulled over to check on a 
GMC Suburban that was stopped along southbound Interstate 5 near the County 
Road 33 overpass by Artois.

The officer said the driver told him he had engine trouble and he had called a 
friend for help.

The driver was no longer with the vehicle when the CHP returned after getting 
the alert.

Altes was arrested about 2 a.m. at a nearby rest stop after a Glenn County 
sheriff's deputy saw him leaving a restroom. The deputy reportedly recognized 
Altes from a photo that was included as part of the alert.

According to reports, the deputy ordered Altes to halt and remove his hands 
from his pockets.

Altes reportedly refused and started swearing. A short foot chase ensued before 
Altes surrendered.

Deputies said Altes was in possession of 3 knives. A Remington shotgun and 
shells were found under the Road 33 overpass near the abandoned Suburban.

Altes was transported to the Plumas County jail early Tuesday morning, Dec. 2, 
where he was booked and held on $1 million bail.

He faces 5 charges, including 1st-degree murder and 2 other felonies for being 
a felon in possession of a firearm and unlawfully taking a vehicle. He is also 
charged with misdemeanor grand theft of a firearm and petty theft for stealing 
credit cards.

"This is a horrific crime and a tragic loss for the community," District 
Attorney David Hollister said. "The district attorney's office offers our 
heartfelt condolences to Lauren???s family and many friends.

"We look forward to the opportunity of proving this case in court and assuring 
justice is served."

Altes has a documented criminal history, including a 2002 conviction for 
assault with a deadly weapon in Yolo County.

He was on probation for a 2012 home invasion near Cromberg. He also pleaded no 
contest to being under the influence of methamphetamine during that crime.

During the middle-of-the-night home invasion, Altes was held at gunpoint by the 
homeowner until sheriff's deputies arrived.

His friends and family said Altes has struggled with drug addiction, 
particularly to methamphetamine, for much of his life.

Hollister said the investigation into Allen's death is ongoing. He encouraged 
anyone with relevant information about the case to contact Plumas County 
Sheriff's Sgt. Steve Peay at 283-6363, or the DA's Investigations Supervisor 
Jeff Wilkinson at 283-6303.

(source: Plumas News)