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

[Rick Halperin]

Nov. 18


OHIO:

Fast-tracked bill would shield execution drug


Opponents have lined up to testify against a fast-tracked legislative proposal 
to shield the names of companies whose drugs are used for lethal injections in 
Ohio.

The bill introduced a week ago and already set for a vote later this week in 
the House Policy and Legislative Oversight Committee also would bar companies 
from entering into contracts prohibiting states from acquiring drugs for 
executions.

The bill also prevents information about a lethal injection drugmaker or 
distributor from being disclosed in court.

Such a proposal raises separation of power issues at the state and federal 
levels and likely would be ignored by a federal judge, state public defender 
Tim Young planned to tell the committee.

The Republican-backed legislation is sponsored by state Reps. Jim Buchy and 
Matt Huffman and pushed by prosecutors, who say the bill is needed to help 
restart executions in the state. Buchy has said he believes the bill is 
constitutional.

The American Civil Liberties Union of Ohio and other groups also planned to 
testify at Tuesday's hearing.

Lawmakers are rushing the plan through before year's end even though the state 
prisons agency first proposed the need for confidentiality almost 2 years ago.

Ohio's execution policy calls for the warden over death row to determine a 
month ahead of time if the state has enough drugs for an execution.

The state's next scheduled execution is Feb. 11, when Ronald Phillips is set to 
die for the 1993 killing of his girlfriend's 3-year-old daughter.

That puts the state's deadline for obtaining its 1st choice - compounded 
pentobarbital - by early next year.

Executions have been on hold since January, when inmate Dennis McGuire gasped 
and snorted during a 26-minute execution that raised questions about the 2-drug 
method used to put him to death that had never been tried. Problems with this 
combo were further underscored in July when an Arizona inmate took nearly 2 
hours to die.

A federal judge delayed executions because of questions raised by McGuire's 
death.

(source: Associated Press)






TENNESSEE:

Former death row inmate addresses TN death penalty


At a time when more people are questioning the death penalty, Tennessee is 
trying to push through multiple executions.

According to Death Penalty Information Center, there are 9 inmates with 
scheduled executions in Tennessee and 2 with stays.

Monday night, a former death row inmate spoke at the University of Tennessee 
about how he was convicted of a crime he did not commit.

Ray Krone served more than 10 years in prison.

In 1991, Kim Ancona, 36, was murdered in a Phoenix, Arizona bar. Investigators 
pinpointed the murder, kidnapping and sexual assault on Krone. A jury then 
found Krone guilty of her murder and kidnapping.

"Once you're arrested, it's really hard to fight that system. It cost so much 
money that even working for the post office, I couldn't come near affording the 
$100,000 to defend myself. And being innocent, I thought, 'What do I have to 
worry anyway? I'll be fine. I didn't do anything,'" Krone said.

Krone was sentenced to death in 1991. It was not until 2002 that DNA testing 
proved Krone to be innocent.

"It's just important for everyone to understand that the justice system isn't 
perfect and there are people out there that are behind bars for crimes they 
didn't commit," said Phillip Gaul, a UT senior and treasurer for Young 
Americans for Liberty at UT.

Young Americans for Liberty hosted the conversation. They were joined by 
Tennesseans for Alternatives to the Death Penalty, Conservatives Concerned 
About the Death Penalty and the Knoxville Chapter of the National Association 
for the Advancement of Colored People (NAACP).

The discussion included a growing number of conservatives who are rethinking 
the death penalty.

"We do exist to change that narrative because there is a fiction out there that 
all conservatives support the death penalty. And I'm proof that we don't and 
we're out there trying to change that narrative," said Marc Hyden, advocacy 
coordinator for Conservatives Concerned About the Death Penalty.

It is Krone's hope that a new narrative will form in Tennessee--one that 
doesn't include the death penalty.

"Right now, here in Tennessee, they want to rush the executions. Tennessee has 
had a number of exonerations itself. We don't get it right always," Krone said. 
"We have a problem when we have a punishment, execution of taking someone's 
life, when we can't actually be absolutely sure."

Krone, originally from Pennsylvania, now lives in Newport. He is the director 
of membership and training for Witness to Innocence.

(source: WBIR news)

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

Supreme Court overturns Dickson inmate's death sentence


The Tennessee Supreme Court has overturned the death sentence for an inmate 
convicted of a 1995 murder and kidnapping. A statement from the court says 
justices decided on Monday to order a new sentencing hearing for Jerry Ray 
Davidson in the slaying of Virginia Jackson in Dickson.

Although the court upheld his convictions in the slaying of Virginia Jackson in 
Dickson, justices determined that Davidson's lawyers failed to present 
mitigating evidence during the sentencing phase of his trial.

They said his lawyers had records documenting his struggles with mental 
illness, but failed to present any evidence of it. Justices found that defense 
attorneys in death penalty cases are obligated by the constitution to present 
"mitigation evidence" that would help a jury assess the defendant's moral 
culpability.

(source: The Tennessean)

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

Supreme Court Affirms Death Row Inmate's Murder Conviction But Orders Another 
Sentencing Hearing


The Tennessee Supreme Court has upheld a death row inmate's conviction for 
1st-degree murder. However, it has ordered a new sentencing hearing because the 
lawyers representing the man at trial did not properly represent him.

Jerry Ray Davidson was convicted of the 1995 murder of Virginia Jackson in 
Dickson. At the time of his trial, his defense attorneys possessed numerous 
records documenting Davidson's troubled background and long history of mental 
illness.

During the sentencing hearing following Davidson's conviction for 1st degree 
murder, his lawyers failed to provide the jury with any evidence about 
Davidson's history of psychiatric problems. Accordingly, the jury sentenced 
Davidson to death without knowing about his diminished mental functioning.

In this challenge to his conviction and sentence, Davidson argued that the 
lawyers who represented him at trial violated his constitutional right to 
effective assistance of counsel by failing to inform the jury of his physical 
brain abnormalities, cognitive deficiencies, and psychoses. In addressing these 
claims, the Supreme Court agreed that defense attorneys in death penalty cases 
have a constitutional duty to collect and present to the jury any "mitigation 
evidence" that could help the jury assess the defendant's moral culpability.

The Supreme Court held that the attorneys' failure to provide the jury with any 
information concerning Davidson's brain abnormalities and cognitive and 
psychological problems deprived Mr. Davidson of his constitutional right to 
effective representation. Although the Court upheld his convictions for 1st 
degree premeditated murder and aggravated kidnapping, the Court remanded his 
case to the trial court for a new sentencing hearing.

In a separate opinion, Justice Gary R. Wade concurred with the Court's 
conclusion that Davidson was entitled to a new sentencing hearing. However, 
Justice Wade also decided that Davidson's attorneys had not effectively 
represented him during the guilt phase of the trial and, therefore, that 
Davidson was also entitled to a new trial on his guilt or innocence.

To read the majority opinion in Jerry Ray Davidson v. State of Tennessee, 
authored by Justice William C. Koch, Jr., and the separate opinion by Justice 
Wade, visit the opinions section of TNCourts.gov.

(source: The Chattanoogan)






KANSAS:

Prospective jurors in Davis death penalty case undergo questioning


At the end of court on Monday, 11 prospective jurors had been passed for cause 
by prosecutors and defense attorneys in the trial of Billy Frank Davis Jr., who 
is charged in Shawnee County District Court with capital murder in the slaying 
of an 8-year-old girl in 2012.

Another 40 must be passed for cause before the pool of 51 prospective jurors is 
whittled down to a 12-member jury and 5 alternate jurors, which will hear the 
Davis case.

Monday was the 1st day prospective jurors were questioned individually during 
the jury selection process. Those passed for cause on Monday were told it could 
be early next week before 51 prospective jurors are passed for cause, then the 
jurors and alternates are selected.

Davis, 31, of Topeka, is charged with 2 alternative counts of capital murder in 
the killing of Ahliyah Nachelle Irvin, 8, who was slain March 13, 2012. Her 
body was found in a clothes dryer in an apartment basement in Highland Park.

Davis also is charged with an alternative count of 1st-degree murder of the 
child; rape; aggravated kidnapping; 1 count of burglary; and 2 counts of 
aggravated burglary. Additionally, he faces 2 counts of misdemeanor criminal 
damage to property.

Davis has pleaded not guilty to the charges. If convicted, Davis could face the 
death penalty.

On Monday, those called for jury duty were called into the courtroom of 
District Court Judge David Debenham in panels of 10 for some initial 
questioning. Then individually, they were questioned about 2 questions.

--Have you heard any news coverage about the Davis case and if you have, can 
you set it aside to decide the verdict based only on evidence presented during 
the trial?

--What is your opinion of the death penalty?

If Davis is convicted of capital murder, jurors then would decide whether to 
recommend to Debenham to impose the death penalty or life imprisonment without 
parole.

Defense attorney Mark Manna told prospective jurors it takes only 1 juror to 
favor life imprisonment to veto imposition of the death penalty even if the 
other 11 jurors favor the death penalty; that only 1 mitigating factor in the 
face of multiple aggravating factors could block the death penalty; and that a 
juror could adopt a mitigating factor that hasn't been suggested to jurors.

Among those passed for cause during the morning session were a woman who said 
she didn't have any opinion about the death penalty, a man who said the death 
penalty should be an option but he would consider mercy as a mitigating factor, 
and a man who said he was morally opposed to the death penalty except in 
"extreme cases," including the torture of the victim.

When 51 have been passed for cause, each side, 1 at a time, will exercise 17 
peremptory challenges.

The 34 peremptory challenges will whittle down the 51 prospective jurors to 12 
jurors and 5 alternates.

The alternates won't learn their classification until after all the evidence is 
presented and just before the case goes to the jury for deliberation. The trial 
is expected to take 4 weeks. After a jury is chosen, prosecution and defense 
opening statements will be made, and witnesses will be called to testify.

Jury selection resumes Tuesday morning.

(source: Topeka Capital-Journal)



ARIZONA:

Testimony in Arias penalty-phase retrial delayed


Testimony in Jodi Arias' penalty-phase retrial has been delayed.

Jurors heard testimony Monday morning but Judge Sherry Stephens of Maricopa 
County Superior Court then excused them in the afternoon until Thursday.

She announced there had been an emergency but didn't elaborate.

Arias was found guilty of murder last year in the 2008 killing of ex-boyfriend 
Travis Alexander at his suburban Phoenix home, but jurors deadlocked on whether 
Arias should be sentenced to death or life in prison.

Prosecutors now trying to secure a death sentence from a new jury. Otherwise, 
Arias faces life in prison.

(source: KGUN news)






CALIFORNIA:

Surviving bank robbery suspect pleads not guilty


The surviving suspect in a July bank robbery that left a hostage and 2 suspects 
dead in a shootout with police pleaded not guilty Monday in San Joaquin County 
Superior Court.

Jaime Ramos, 19, faces charges stemming from the July 16 robbery of Bank of the 
West in Stockton.

Ramos is charged with 3 counts of murder in the deaths of Alex Martinez, 27, 
and Gilbert Renteria, 30, who were killed in a final shootout with officers, 
and for the death of hostage Misty Holt-Singh, who police say was hit by 
officer gunfire while Ramos used her as a shield.

The lengthy complaint against Ramos lists 2 dozen attempted murder counts for 
firing at a host of officers and taking 2 other hostages. Ramos also is accused 
of assault, kidnapping, firearm and gang charges.

Attorneys on Monday set a preliminary hearing for a judge to hear a sample of 
evidence and decide whether there is enough evidence to hold Ramos to charges.

Deputy Public Defender Jonathan Fattarsi said in court that Ramos was not 
willing to waive his right to a preliminary hearing within 60 days of the plea. 
The hearing was set for Jan. 8.

Prosecutor Mark Ott has said he is considering taking the matter to a criminal 
grand jury in lieu of a preliminary hearing. It would have to take place before 
the preliminary hearing.

Ott has said if he goes with a grand jury, it would be a decision to counter 
the possibility defense attorneys file court papers to move the trial outside 
of San Joaquin County on grounds media attention has affected the local jury 
pool's ability to be fair in trial.

A grand jury would hear testimony in closed session, minimizing the 
dissemination of information before trial, whereas a preliminary hearing before 
a judge is open to the public.

Prosecutors want to avoid a long and expensive change in venue, Deputy District 
Attorney Robert Himelblau said. Himelblau, who also is the spokesman for the 
San Joaquin County District Attorney's Office, filled in for Ott at Monday's 
hearing.

If a change in venue is approved, San Joaquin County would have to pay for 
witnesses to be transported to another county; temporary housing for attorneys, 
a judge and court clerks; and a deal with the designated county's jail to hold 
the defendant.

Family members of the victim also would be burdened to pay for travel and hotel 
stays.

"It's a massive expense," Himelblau said.

Monday's not-guilty plea was not a surprise.

In most serious cases involving long sentences, defense attorneys advise 
clients to initially plead not guilty and wait for evidence to come out, 
Himelblau said. Another reason is Ramos still is a candidate for the death 
penalty. It is unusual for defendants in that position to admit to every 
charge, Himelblau said.

Prosecutors have not yet made a decision whether to pursue the death penalty.

(source: Stockton Record)