[Deathpenalty] death penalty news----OKLA., ARIZ., NEV., USA

[Rick Halperin]

Oct. 2



OKLAHOMA:

D.A. in Oklahoma to seek death penalty in beheading case


A district attorney in Oklahoma says he will seek the death penalty in a case 
of a man who beheaded a coworker.

Greg Mashburn, district attorney for Cleveland County, Okla., said Wednesday 
that he met with family members of the victim, 54-year-old Colleen Hufford of 
Moore, Okla., and made the determination after that, according to The 
Oklahoman. The family felt the death penalty was appropriate, Mashburn said.

Alton Alexander Nolen, 30, is charged with attacking Hufford with a knife on 
the job at Vaughan Foods in Moore, Okla., on Sept. 25 and attempting to behead 
another coworker, 43-year-old Traci Johnson of Oklahoma City, after he was 
suspended for making racial remarks on the job at the food distribution 
company. Nolen also is charged with threatening Mark Vaughan, the company's 
CEO.

Nolen became angered after Johnson, who is white, complained of a race-related 
altercation with Nolen, who is black, The Oklahoman reports. He allegedly 
brought a knife from home to carry out the attacks. Vaughan shot Nolen during 
the incident.

Hufford's family released a statement to the public Wednesday saying her 
violent death "adds a depth of grief we are trying to understand," News 9 
reported.

Hufford's funeral is scheduled for Friday in Moore, Okla.

Nolen is charged with 1st-degree murder, assault and battery with a deadly 
weapon.

(source: USA Today)

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

Less media, more sedatives: Oklahoma reviews capital punishment protocols after 
botched execution


Oklahoma announced that more sedatives and less media, among other measures, 
are part of the state's new protocol for capital punishment after a botched 
execution in April left an inmate writhing in pain before dying 43 minutes 
after a lethal injection.

The state revealed Tuesday that it will increase the amount of midazolam it 
employs during executions. Prison officials said the use of the controversial 
sedative can be as much as five times the amount used to kill Clayton Lockett 
in April.

Oklahoma will also demand more training of prison staff and members of 
execution squads while outlining contingency plans in case of equipment 
malfunction or a problem with an inmate's medical condition.

The state will also reduce the number of media witnesses allowed at executions 
from 12 to 5.

Robert Patton, the director of the Oklahoma Department of Corrections, would 
not comment to AP on the new guidelines based on litigation over Lockett's 
death.

21 death row inmates sued the Department after Lockett's bungled execution. 
Lockett died after doctors burst a vein in his body administering a 
controversial cocktail of drugs. As RT reported in April, the drugs leaked out 
of his vein as a result, and an unknown amount was absorbed into his body. 
Although lethal injections typically take about 10 minutes or so to kill an 
individual, Lockett's procedure lasted for 43 minutes, during which he 
reportedly writhed, groaned, and clenched his teeth before officials closed the 
blinds from witnesses' view.

The incident triggered an investigation, ordered by Gov. Mary Fallin. The new 
protocols are the result of that probe, which ultimately blamed the 
excruciating manner in which Lockett died on a misplaced intravenous line in 
his groin, and on a decision by the warden to obscure view of the IV site with 
a sheet.

Yet the supposed solutions that have come from the investigation are not 
enough, according Dale Baich, assistant federal public defender who is 
representing the inmates that sued the Department of Corrections.

"We still do not know what went wrong with Mr Lockett's execution," Baich said.

"Discovery and fact-finding by the federal courts will address those issues," 
he added.

Baich also said the new media provision "reduces public accountability and 
makes the process less transparent."

Oklahoma is one of many states - including Florida, Missouri, Arizona, Ohio, 
and Texas - that have turned to secretive sources, often compounding 
pharmacies, to supply execution 'cocktails' using unproven drugs to carry out 
capital punishments. These actions were the result of the European Union's ban 
- in place over moral objections to capital punishment - against its 
pharmaceutical companies selling to US state correctional departments drugs 
that could be used in lethal injections.

Yet, compounding pharmacies do not produce their drugs under regulations 
enforced by the Food and Drug Administration, causing many to question just how 
safe they are and further calling into question how humane or ethical the death 
penalty can be considered.

Outside of Oklahoma, many inmates and media outlets have sued to force states 
to disclose exactly what drugs will be used for lethal injections, as well as 
their source, but these efforts have generally failed in court.

Midazolam is a sedative often given to patients before surgery, and is used in 
executions as a piece of a 3- or 2-drug cocktail. While a normal medical dose 
is 5 milligrams, Oklahoma was administering 100 milligrams for lethal 
injections. The new protocol will use a recommended 500 milligrams for 
executions, the same amount used in Florida.

"The prisoners still do not have access to information about the source of the 
drugs, the qualifications of the executioners, or how the state came up with 
the different drug combinations," Baich said of Oklahoma's revised procedures.

3 Oklahoma inmates are set to be executed this fall. Charles Warner, who was 
supposed to die the same night as Lockett, is scheduled for Nov. 13. Richard 
Glossip and John Marion Grant are due for execution on Nov. 20 and Dec. 4, 
respectively.

In early September, a federal judge urged the state to come to a conclusion 
regarding its investigation of lethal injection procedures prior to the trio of 
executions this fall.

In multiple cases this year, executions using the secretive drug cocktails have 
gone wrong, with inmates subjected to long, painful procedures that critics say 
violated their right to be protected from cruel and unusual punishment. In 
Ohio, death row inmate Dennis McGuire took more than 20 minutesto die after 
drugs were administered, during which he reportedly made choking sounds and 
gasped for air.

US President Barack Obama called Lockett's botched execution "deeply 
disturbing" and called for a review of death penalty procedures in the United 
States.

(source: rt.com)






ARIZONA:

Jodi Arias Trial Update: Jury Selection Resumes After Dozens Admit They Could 
Not be Impartial


Jury selection in the penalty phase of the Jodi Arias trial resumed on 
Wednesday as prosecutors continue to fight to sentence the convicted killer to 
death.

Arias was convicted of the first-degree murder of her ex-boyfriend Travis 
Alexander in May 2013. According to medical examiners, Arias stabbed him 27 
times, primarily in the back, torso and heart in his Phoenix home in 2008. She 
also slit Alexander's throat from ear to ear, nearly decapitating him, and shot 
him in the face before she dragged his bloodied corpse to the shower.

Although the aspiring photographer was found guilty in the case, the jurors 
failed to reach a unanimous decision on her sentencing. As a result, she began 
a retrial on Monday to determine whether she should be sentenced to death, life 
in prison or life with a chance of release after serving 25 years.

On Monday, Arias' legal reps started the jury selection process by serving 300 
potential jurors with a questionnaire about their beliefs and availability. 
However, about one third of the prospective jurors were dismissed after 
admitting that they watched media coverage during her 1st trial, and therefore, 
they could not be impartial in deciding her sentence, according to the Arizona 
Republic.

Others were dismissed after they stated that they had work conflicts or were 
reluctant to stop consuming the news for the duration of the trial. A few also 
told the judge that they didn't speak English.

By the end of the day, only 133 remained, reports the AZ Central.

100 more people from the jury pool will be questioned on Wednesday.

By Oct. 20, 12 jurors and 4 or 6 alternates will have been selected.

The jury selection is expected to take about 3 weeks, while the actual trial 
may last from 6 to 8 weeks, reports USA Today.

(source: latinpost.com)

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

Arias' attorneys want death penalty off the table


The attorneys for Jodi Arias have filed a motion to dismiss the death penalty 
from consideration in her sentencing re-trial.

Defense attorneys claim that there's been a long history of misconduct by the 
prospector and law enforcement officials that dates back to the original murder 
trial last year.

Allegations of withholding evidence, harassing witnesses, and unnecessary 
searches of Arias' jail cell, are part of the motion.

The judge is taking the motion under advisement, while the search goes on to 
find an impartial jury that can fairly decide whether Arias should be put to 
death or given life in prison for the 2008 murder of her boyfriend Travis 
Alexander.

"I don't think she's going to get a fair trial in Arizona," said dismissed 
juror Janice Beaver. "Is there anybody in Arizona that hasn't seen this trial?"

During Wednesday's jury selection process, potential jurors were asked:

"Have you ever seen, heard or read about this case in the media?"

"Can you decide this case only on the evidence presented in the courtroom?"

"Can you set aside what you've seen or read?"

400 potential jurors have been brought in to court this week, with 224 of them 
sent home for an assortment of reasons.

Barbara Patterson, of Surprise, is one of the many potential jurors dismissed 
from the Arias case because they've already formed an opinion about her, and 
don't believe they can be fair and impartial.

"She should be on death row right now, not sitting and waiting 400 people's 
time to do this all over again," said Patterson.

Dismissed juror Whitney McGinn said, "If you do that to somebody and their 
family, and put them through that much hurt, absolutely she deserves what she 
did to him."

"I've seen to much of this case," said dismissed juror Barbara Bowers. "I don't 
think it's right we have to come back for the penalty phase that should have 
been decided when the original verdict came down."

The jurors who survived the 1st round of cuts will be back in court on Monday 
for another round of questions.

Attorneys on the case, will appear at a hearing Thursday morning, possibly to 
hear the judge's ruling on the motion to throw out the death penalty.

(source: KPHO news)






NEVADA:

Prison escape plan cited in fatal Vegas crash case


An investigator told a judge Wednesday that a self-described pimp already 
serving prison time for rape and robbery bribed a guard to get cellphones 
behind bars as part of a plot to escape before his death penalty trial in a 
fatal Las Vegas Strip shooting and fiery crash.

(source: Associated Press)






USA:

>From death row to life


A federal death row inmate who gained national attention for legally 
challenging the protocol used in executions has been re-sentenced to life 
without parole.

David Paul Hammer, 55, now has a life sentence and remains incarcerated at the 
U.S. Penitentiary at Terre Haute, according to the Federal Bureau of Prisons 
website.

Hammer was sentenced to death in 1998 for the 1996 murder of his cellmate in a 
federal prison. He appealed that death sentence, and filed a lawsuit 
challenging the constitutionality of execution protocol.

He also filed a complaint against federal officials in April 2001 concerning 
restrictions to media access to an inmate prior to an execution.

Hammer's death sentence was eventually overturned by a federal district court 
judge because the prosecution had withheld statements that might have led to a 
different sentence.

Hammer had been scheduled to die by lethal injection on at least three dates 
before he was re-sentenced to life without the possibility of parole.

He is considered a Providence Associate with the Sisters of Providence at Saint 
Mary-of-the-Woods, and he has contact with anti-death penalty advocates who 
plan protests and vigils in hopes of eliminating the death penalty.

Hammer's new penalty of life in prison was affirmed in July, then again in 
August by Judge Joel H. Slomsky in the U.S. District Court for the Middle 
District of Pennsylvania. More than 1,700 documents have been filed by Hammer 
and the court since his indictment in September 1996.

The most recent order filed last week by Judge Joel H. Slomsky concerns briefs 
to be filed by the defendant and government on whether Hammer has the right to 
file yet another appeal in the case.

(source: Terre Haute Tribune-Star)

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

Watts appears in court: Trial date set for Jan. 12


A man accused of fatally stabbing 2 Southern Illinois bank workers and 
critically wounding a 3rd during a botched robbery appeared in court on 
Wednesday.

James Watts, 30, has pleaded not guilty to charges of attempted armed bank 
robbery resulting in death and 1 count of being a felon in possession of a 
firearm in connection with the May 15 holdup at the First National Bank branch 
in Cairo.

A trial date has been set for Jan. 12.

The United State's Attorney's office and Watts' attorneys debated in court over 
uncensored documents in the case.

The defense is arguing it should have to the ability to view such documents on 
their own terms, rather than at the will of the U.S. Attorney's office.

The documents are only available at the U.S. Attorney's office as of Wednesday 
morning.

U.S. District Judge J. Phil Gilbert did not make a decision about granting the 
defense to view the documents, but said he would look at the setup of the 
situation before making a determination.

Authorities allege Watts was armed with a gun and wearing a hooded sweatshirt 
when he confronted 3 female employees as they emerged from the bank after 
closing. Watts had been released from prison 2 weeks earlier.

The FBI said the suspect forced the women back inside, but because the bank was 
closed, he was unable to get any money. He took the women into an employee 
lounge and cut each woman's throat, stabbing 1 woman more than 50 times.

Killed were Anita Grace, 52, of Olive Branch, and Nita Jo Smith, 52, of 
Wickliffe, Kentucky. A 23-year-old woman survived.

Watts was later seen on surveillance video leaving the bank in one of the 
employee's cars. He was arrested after a chase and standoff later that night, 
and initially jailed on a charge of a felon in possession of a firearm. A 
federal grand jury later indicted him on that charge and the additional charge 
of attempted armed bank robbery resulting in death.

Watts could face the death penalty if convicted on the count of attempted armed 
bank robbery resulting in death. Prosecutors said a decision on whether to seek 
the death penalty would come only after a comprehensive review and could not 
give an estimated date for the decision.

Assistant U.S. Attorney's James Cutchin and George Norwood are prosecuting the 
case, while John O'Gara from Belleville and Melissa Day from the Federal Public 
Defender's Office in Benton is defending Watts.

(source: The Southern Illinoisan)

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

Supreme Court Justice Antonin Scalia delivers Stevens lecture at Macky 
Auditorium


Supreme Court Associate Justice Antonin Scalia delivered a passionate plea for 
constitutional originalism, dismissing the idea of the "living Constitution," 
during the 4th annual John Paul Stevens lecture on constitutional law 
Wednesday. The Byron White Center for constitutional law at the CU Law School 
had organized the event.

Crowds gathered outside Macky Auditorium as early as 4:30 p.m., even though 
Scalia wasn't due to speak until 5:30 p.m.

Scalia opened remarking he was honored to deliver the lecture even though John 
Paul Stevens would probably disagree with what Scalia was about to say.

Scalia came out staunchly against the concept of the "living Constitution," as 
in an evolving body, saying the Constitution shouldn't be reinterpreted, rather 
changed through laws.

"Normal people, when they read a text, they try to understand what it meant 
when it was written," Scalia said. "The Constitution is not an organism. It's a 
law. It's a super law."

The associate justice repeatedly named the death penalty as something that 
isn't banned by the Constitution. But, he said, advocates of the "living 
Constitution" think it ought to be, consequently changing their interpretation 
of the Constitution to fit that opinion.

"What the American people voted for does not change," Scalia said. "A felony 
used to be a crime punishable by death. That's why we have Western movies."

Scalia said the living Constitution will give people more rights, but it will 
also take away some.

"Don't think it's a 1-way street," the Supreme Court associate justice said.

He added the living Constitution is especially seductive for judges.

"How wonderful it is to never, never make a ruling on the Constitution that you 
personally disagree with," Scalia said.

If the court continued to promote the living Constitution, he said, "at the end 
of the road is the destruction of democratic self-government." And: "When you 
appoint people based on what they think the Constitution ought to be, you've 
destroyed the Constitution."

Scalia said he thinks the living Constitution advocates will eventually win, 
but he will keep fighting until the bitter end.

"I feel like Frodo in (Lord of the Rings) and I'm going to get clobbered at the 
end," Scalia said and added his job is to interpret text, not to decide rights 
issues, or decide the intent of the lawmakers.

But when there is no textual evidence for either side of an argument, Scalia 
said, "You have to take your best shot. Originalists can have fun too."

Scalia captivated the audience during his lecture with a mix of dry humor and 
bombastic outbursts.

"I thought he was phenomenal," said CU 1st-year law student Nick Trevino. "The 
guy can definitely grab the attention of a room."

Scalia is the 3rd Supreme Court justice or former justice to deliver the 
Stevens lecture at CU in the last 3 years. Sandra Day O'Connor spoke last year 
and Ruth Bader Ginsburg the year before.

(source: Colorado University Independent)

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

Moving killer Gary Lee Sampson to Ind. could top $120,000


An attorney for the U.S. Marshals Service informed a federal judge in Boston 
today it will cost taxpayers more than $120,240 to grant homesick spree killer 
Gary Lee Sampson's request to return to death row in Terre Haute, Ind. from a 
North Carolina hoosegow, only to have to be flown back to Boston to be retried 
to face the death penalty.

The Herald reported in August Sampson, 55, of Abington, had been moved to the 
federal prison in Butner, N.C., from death row in Terre Haute in preparation 
for his second sentencing trial in 11 years in February.

USMS Associate General Counsel Eugene Kim told U.S. District Court Judge Mark 
L. Wolf in an affidavit his math is based on Sampson being transported 
privately on a Hawker jet at $10,277 an hour. Kim explained the Hawker, which 
is hangared in Oklahoma, is "used by the USMS for time-sensitive prisoner 
movements."

Sampson, who is fighting for his life, previously pleaded guilty to the 
week-long rampage in 2001 when, after the FBI dropped his phone call, allegedly 
attempting to turn himself in on warrants, he carjacked and murdered Philip 
McCloskey, 69, of Taunton and George Washington University student Jonathan 
Rizzo, 19, of Kingston, then drove Rizzo's car to Lake Winnipesaukee in New 
Hampshire, where he killed Robert Whitney, 58, of Concord in a cottage.

A jury sentenced Sampson to die for his crimes in 2003; however, after nearly a 
decade on death row, Wolf vacated the verdict when a new investigation 
determined 1 of the jurors lied about her family's criminal history during her 
selection process.

(source: Boston Herald)