[Deathpenalty] death penalty news----PENN., N.C., GA., ALA., TENN., LA., OHIO

[Rick Halperin]

Oct. 8



PENNSYLVANIA:

Death row inmate Michael Ballard's court hearing delayed by mental health 
report


A court hearing to establish Michael Ballard's competency to waive his appeal 
rights has been pushed back a month because a mental health report on the 
5-time killer will not be ready in time.

Northampton County Court officials said Ballard is now due to appear Nov. 17 
instead of Oct. 14 before Judge Emil Giordano.

Ballard pleaded guilty in 2011 to murdering his ex-girlfriend Denise Merhi; her 
father, Denis Marsh; her grandfather Alvin Marsh, and Steven Zernhelt, a 
neighbor who rushed into Merhi's Northampton home after hearing screams inside. 
A jury sentenced him to death for each murder as part of a guilt-phase trial.

After the Pennsylvania Supreme Court upheld his death penalty sentence, Ballard 
said he would not contest his punishment. When public defender Marc Bookman 
filed a motion on his behalf in federal court, Ballard wrote the U.S. Supreme 
Court claiming Bookman was acting against his wishes; the high court authorized 
Pennsylvania officials to conduct a probe into Bookman and possible discipline 
against him.

Giordano ordered the mental health evaluation to determine if Ballard is of 
sufficiently sound mind to decide against appealing his sentence. Ballard 
himself opposed the evaluation in August to no avail.

"I understand the court's hesitancy to make the determination," Ballard said. 
"The reason I'm opposed to it is that it's not necessary. There is not a 
question as to my sanity."

Since then, Ballard has told The Morning Call that he intends to join a federal 
lawsuit challenging the drug cocktail Pennsylvania uses in its lethal 
injections. As of Tuesday afternoon, he had not filed any court documents to 
join that lawsuit. If he does join the case, he could request a judge grant a 
stay in his execution scheduled Dec. 2 until the litigation is resolved.

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

Bethlehem murder trial ready to begin after jury selection completed


After 2 delays, attorneys are scheduled to make their opening arguments in the 
South Side Bethlehem gun battle trials Wednesday morning.

Attorneys finished selecting the jury Tuesday afternoon to weigh the evidence 
against Rene Figueroa, 34, and Javier Rivera-Alvarado, 40, both of Allentown. 
Police said the 2 men opened fire on a group of people Dec. 2, 2012 outside the 
Puerto Rican Beneficial Society. Yolanda Morales was fatally shot in the heart 
in the exchange, and 3 others were wounded, according to police. Figueroa and 
Rivera-Alvarado were also wounded in the deadly exchange.

Figueroa is charged with 22 counts, including the criminal homicide. He could 
face the death penalty if convicted in her murder. Rivera-Alvarado faces 20 
charges, including 3 counts of attempted homicide.

The case was set to start Monday, but jury selection took longer than 
anticipated. Court officials had to scramble to call more residents in Tuesday 
morning after the pool of 164 people produced only 11 jurors.

Authorities said Rivera-Alvarado and Orialis Figueroa got into a heated 
argument inside the club because Rivera-Alvarado didn't like the way Orialis 
Figueroa was eying Rene Figueroa's diamond and gold jewelry. Orialis Figueroa 
retrieved a baseball bat from his car so he could escort his family out, but 
Rivera-Alvarado approached him from behind with a gun, police said.

Orialis Figueroa swung his bat at Rivera-Alvarado but missed and was shot in 
both legs, police said. At that point, Morales and Angel Figueroa came to his 
aid, but Rivera-Alvarado shot Morales in the arm, police said. Their 
distraction gave Orialis Figueroa enough time to bash Rivera-Alvarado over the 
head with the bat, knocking him unconscious.

Rene Figueroa exited the club and opened fire at this point, killing Morales 
and wounding Angel Figueroa, police said. Using Rivera-Alvarado's gun, Orialis 
Figueroa shot back, and the 2 circled 1 another exchanging gun fire, police 
said. Both men eventually collapsed from multiple gun shot wounds nearby, 
police said.

Local and federal authorities said Rene Figueroa and his fiance, Sonia Panell, 
later tried to hire a hitman to execute witnesses to the shooting. The man she 
approached was actually an FBI informant who recorded their conversations, 
according to court documents. She has pleaded guilty in federal court but is 
trying to withdraw her plea.

Figueroa is not on trial this week for soliciting murder-for-hire, but 
prosecutors plan on introducing his scheme as evidence of his guilt.

(source for both: lehighvalleylive.com)






NORTH CAROLINA:

NCCU law program to focus on exoneration of 2 N.C. men


The N.C. Central University School of Law will host a program on the 
exoneration of Henry McCollum and Leon Brown at 5:30 p.m. Oct. 21, in the 
Turner Law Building on campus.

The NCCU Law Innocence Project and Death Penalty Project are co-sponsoring the 
event called "Innocence on Death Row: The Case of Henry McCollum and Leon 
Brown," according to a release from the university. The event is open to the 
public.

Brown and McCollum were released from prison in September after serving 30 
years for convictions in the rape and murder of a Robeson County 11-year-old. 
The 2 half-brothers were exonerated in Superior Court following a presentation 
by the N.C. Innocence Inquiry Commission that demonstrated how DNA evidence 
linked another man to the 1983 crime.

Speakers for the Oct. 21 event will include attorney W. James Payne, who served 
as counsel for Leon Brown, and attorney Sharon Stellato, a 2006 graduate of 
NCCU Law and associate director of the North Carolina Innocence Inquiry 
Commission.

They will discuss the 1983 investigation and trial of Brown and McCollum, 
factors that led to their convictions, and details of the Innocence Inquiry 
Commission's work that resulted in exoneration.

A reception will take place in the Great Hall of the Turner Law building from 5 
p.m. to 5:30 before the 1-hour presentation.

(source: The Herald Sun)






GEORGIA:

McPherson sentenced to life without parole for 1998 murder


Convicted murderer Mark McPherson shuffled away from the lectern and sat down, 
ignoring the judge's order to return.

Three Floyd County deputies quickly surrounded McPherson and ushered him to his 
feet. He then returned to face Superior Court Chief Judge Walter Matthews and 
his sentence of life in prison without the chance of parole.

"I wish there were some magic words, but there aren't," said McPherson, 49. 
"Sorry doesn't really fit, but I really am sorry. It was a long time ago. I 
have changed. I'm not that same guy, and I am sorry."

McPherson's Tuesday acceptance of a deal with prosecutors puts him in prison 
for life and removes the possibility prosecutors will seek the death penalty 
for the 1998 murder of Linda Ratcliff, 56.

A jury in 2000 convicted McPherson of Ratcliff's murder. Sentenced to death, he 
appealed and won another sentencing based on his attorney's failure to present 
certain evidence to jurors. His conviction, however, remained in place.

The state Supreme Court found that at least 1 juror would have opted for life 
or life without parole for McPherson if the panel had heard about his physical 
abuse and neglect as a child, as well as his drug use and time spent in 
numerous foster homes, detention centers and group homes.

District Attorney Leigh Patterson said Tuesday's agreement ends a legal process 
that could have extended for years.

"This sentencing agreement is something we've been working on for a long time 
with the victim's family and this defendant," Patterson added. "Life without 
parole brings an end to it."

Jennifer Woods, Ratcliff's daughter, was the only one to speak to Matthews on 
behalf of the family. She slowly approached the lectern with the help of a 
cane, asking 3 of Ratcliff's grandchildren to stand after reaching the 
microphone.

"I just wanted him to see those children and realize what he took away from 
them," Woods said. "That's all I have to say."

Matthews told McPherson he remembered details from the trial, and agreed with 
the jury's verdict.

"The fact is this was a very heinous crime," the judge added.

McPherson was living with Ratcliff when he murdered her. He stayed 2 days in a 
5-day detoxification program before leaving, finding his victim and hitting her 
in the head and face with a hammer more than 20 times.

Ratcliff had told co-workers she planned to leave him. McPherson then stole her 
car, cell phone, credit cards and some cash, which he later used to barter for 
drugs, police reported.

(source: Rome News-Tribune)

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

District Attorney will seek death penalty in Daniel Robinson case


District Attorney Ashley Wright will seek the death penalty against Daniel 
Robinson.

Robinson is accused of murdering William Davitte and shooting Jennifer Davitte 
outside Marvin United Methodist Church before fleeing to Florida in their 
stolen car. He was later captured and extradited back to Columbia County to 
face charges.

Robinson is being charged with several crimes, including:

--Murder

--Possession of a Firearm During the Commission of a Crime (2 Counts)

--Possession of a Firearm by a Convicted Felon

--Hijacking a Motor Vehicle

--Armed Robbery

--Aggravated Assault

(source: NBC news)






ALABAMA:

Man convicted of murder in shooting deaths of 2 ex-Auburn players


An Alabama man was convicted of capital murder Tuesday in the shooting deaths 
of 2 former Auburn University football players and a 3rd man, with a jury 
rejecting claims that he fired in self-defense under Alabama's "Stand Your 
Ground" law.

Jurors returned the verdict against 24-year-old Desmonte Leonard after nearly 5 
hours of deliberations.

The capital charge carries a possible death sentence, but life without parole 
also is possible.

Circuit Judge Jacob A. Walker III told jurors to return Wednesday for a 
sentencing phase that could include additional evidence. Jurors will recommend 
a sentence of life or death and the judge will make the final decision.

Leonard didn't have any visible reaction to the verdict, but a female relative 
left the courtroom crying.

"He's facing the death penalty so you can imagine his spirits aren't very 
high," said defense attorney Susan James.

Prosecutors declined comment after the verdict. Relatives of the victims held 
hands and nodded in agreement as the guilty verdict was read.

The Montgomery man was charged with fatally shooting ex-Auburn players Ed 
Christian and Ladarious Phillips at party in Auburn in June 2012. DeMario Pitts 
of Opelika also was slain, and 3 other people were wounded.

Jurors also convicted Leonard of assault and attempted murder, but he was 
acquitted of 1 count of attempted murder.

The panel rejected Leonard's claim that he opened fire after coming under 
attack at the party, held at an apartment complex a few miles from campus. They 
asked for a legal definition of self-defense and Alabama's "Stand Your Ground" 
law before convicting Leonard a few minutes later.

Prosecutors said Leonard deliberately killed the men after a fight broke out 
between his friends and other partygoers.

Leonard's attorneys did not dispute that he fired the fatal shots, but they 
said he pulled out a gun to protect himself and was particularly susceptible to 
threats because of the psychological effects of being shot in the abdomen in 
2008.

"This case wasn't a whodunnit. He got on the stand and said he was sorry about 
it," James said.

James told jurors in closing arguments Monday that Leonard was on the ground 
being kicked when he pulled a gun and randomly fired in order to escape.

Lee County District Attorney Robert T. Treese said witnesses testified that 
Leonard was not involved in the fight and was never in danger.

Prosecutors said Leonard fired a .40-caliber handgun at least nine times. The 
men who died were each shot 2 times.

Leonard surrendered to authorities following a manhunt that included Montgomery 
police searching a house where they mistakenly believed he was hiding. He has 
been held without bond ever since.

(source: Fox Sports)






TENNESSEE:

Death penalty is TN's worst misuse of taxpayer dollars


This past Sunday's Tennessean editorial, "State out of pennies to pinch" 
details the continuing budgetary challenges in Tennessee. Of course, governing 
means making tough choices and setting priorities that best serve the needs of 
hard-working Tennesseans.

With respect to state Sen. Randy McNally's comment that all of the state 
government fat "is gone now," I'm not convinced. Where is the exorbitant cost 
of the death penalty system to taxpayers in this discussion? Comprehensive cost 
studies in Maryland, North Carolina, Kansas and Florida all show that capital 
cases are radically more expensive than non-capital cases. Louisiana is 
currently undergoing its own cost study too.

Looking for more pennies to pinch? Put the pinch on the death penalty in 
Tennessee and save millions of dollars that can go to support victims' families 
or resources for law enforcement.

Justin Phillips, Nashville

(source: Letter to the Editor, Tennessean)






LOUISIANA:

Defense attorneys call Caddo Parish a death penalty "hot spot"

Caddo Parish assistant district attorney Dale Cox doesn't apologize for the 
office's capital conviction rate but says that's the reason for so many of 
office's current problems.

"The state board is very concerned about the Caddo Parish - number 1 - because 
the district attorney's office seeks the death penalty here," Cox said. "Number 
2: jurors in Caddo Parish award the death penalty."

Once the Caddo Parish District Attorney's Office files a motion to seek the 
death penalty against a given suspect, the Louisiana Public Defender Board 
steps in and assigns a defense team. In northwest Louisiana, those services 
have traditionally been covered by Capital Assistance Project of Louisiana, or 
CAPOLA. That organization, however, lost its state contract in July after a 
series of convictions and future of some local cases is now in uncharted 
territory.

"It is their job to provide counsel for capital defendants and non-capital 
defendants," Cox said. "How the verdict turns out shouldn't be a concern of 
theirs."

Cox believes the state public defender board is targeting Caddo Parish and 
trying to prevent them from trying death penalty cases by any means possible. 
Tactics, he says, include cutting budgets and decertifying the only attorneys 
legally allowed to take capital cases.

LPDB Capital Case Coordinator Jean Faria recently testified that the agency 
reviewed CAPOLA work - and subsequently cut their funding - after jurors 
returned back-to-back death sentences. Marcus Reed was sentenced to death for 
killing 3 young brothers October 2013 and jurors returned the same fate for 
Rodricus Crawford just one month later.

Louisiana jurors sentenced 13 men to death between 2009 and 2014. Caddo Parish 
accounts for 46% of those cases.

When you look at the more than 80 people on death row in Angola, 1 in 5 was 
tried in a Caddo courtroom, more than any other parish.

Death penalty opponents say the statistics show that capital punishment is not 
a result of the crime committed, but instead of the geography in which it 
occurred. Since reinstatement of the death penalty in the modern era, the south 
has accounted for 82% of executions. Within that region, there are some 
jurisdictions that sentences a disproportionately high number of people to die. 
A look at the 15 counties which have executed to most people since 1976 reveals 
9 in Texas alone.

Capital punishment opponents often point to East Baton Rouge Parish as a 
success story. The DA's office used to seek the death penalty on a regular 
basis but doesn't anymore. DA Hillar Moore says the office's policy has not 
changed, but he says he encountered many of problems Caddo prosecutors face 
now. Moore says they fought the state board on funding and consistently saw 
death qualified attorneys de-certified. When faced with up to 5 years of 
pre-trial motions, Moore says many families opt instead to let the suspect 
plead to second degree murder and secure a life sentence.

Cox says the state board successfully prevented East Baton Rouge from taking 
cases to the jury, but he's determined to move forward in Caddo.

"If the ideology on the other side were haunted by the facts like I am, were 
haunted by the pictures of the child, their autopsy photographs, the 
photographs that are taken at the hospital by the family members who grieve 
beyond description, I think some of the rhetoric might be toned down a bit," 
Cox said.

Death penalty opponent says the American Judicial system assures all accused of 
the most serious crimes deserve a competent defense, often adding arguments 
about highly publicized instances of wrongful convictions and the debate over 
the morality of the death penalty itself. While prosecutors carry their own 
passion, defense attorneys say they seek to prevent further bloodshed.

(source: KTBS news)






OHIO:

Death penalty protocol in Ohio needs light, not darkness: editorial


Draft legislation that would allow providers of lethal injection drugs to 
remain anonymous and that would indemnify doctors assisting with state 
executions from censure by their state licensing boards is emanating from 
Attorney General Mike DeWine's office.

What's next, allowing the execution team to wear masks?

This latest step in Ohio's death penalty dance - stemming from a series of 
missteps that have put the state's execution protocol under examination by a 
federal judge - will push Ohio even further into the dark ages.

DeWine crafted the legislation in cooperation with the Ohio Prosecuting 
Attorneys Association for eventual consideration by the state legislature.

"You're not going to see a death penalty take place until the General Assembly 
takes action," DeWine was quoted saying in a recent article in The Columbus 
Dispatch.

The state's lethal injection drug of choice is phenobarbital, but its 
manufacturers won't allow it to be used for executions anymore, prompting the 
state to authorize so-called "compounding pharmacies" to provide the drug.

The state's most recent execution, however, was performed with a previously 
untried combination of midazolam and hydromorphone that resulted in the 
prisoner gasping and snorting before dying.

Other states are wrestling with the same issues. Businesses and individuals who 
have assisted in lethal injections in other states have been subjected "to 
actual threats of physical harm, harassment, and risks to personal safety," 
according to Ohio's draft legislation.

Perhaps, but having their identities classified as "confidential state secrets" 
is not the answer. Just the opposite should be the case.

Having the benefit of anonymity may encourage more compounders to offer their 
services, but at the expense of public confidence that the death penalty is 
being carried out properly and by reputable participants. That's especially 
true in light of known quality problems with compounding pharmacies, which are 
not subject to the same strict oversight as regular drug manufacturers. Two 
years ago, the deaths of at least 48 people in eight states were traced to 
contaminated medicine distributed by a single compounding pharmacy in New 
England.

It's time Ohio start wondering why it's facing so many obstacles to putting 
people to death, instead of working so feverishly to overcome them by denying 
the public critical information - including the names and quality records of 
companies the state is paying with the taxpayers' money.

Those who prepare and sell drugs for executions should not be cloaked in 
secrecy nor should medical personnel assisting with executions be shielded from 
the oversight of their peers. To do so is to take the easy way out - and to 
detour wrongly around required disclosure for state contracts - for what should 
be a sobering, if not agonizing decision for all involved.

(source: Editorial, Plain Dealer)

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

Is man accused of killing restaurant owner Jim Brennan competent to stand 
trial? His lawyers raise the issue


Lawyers for a man charged in the slaying of Cleveland Heights restaurant owner 
Jim Brennan have questioned whether their client is competent to stand trial.

Last month, Cuyahoga County Common Pleas Judge Maureen Clancy ordered Darien 
Jones, 21, of Garfield Heights to obtain a psychiatric evaluation to determine 
whether he can help his attorneys at trial.

Court records do not indicate the results of the examination or whether one has 
even taken place, but the issue marks the 1st sign of what defense attorneys 
may use in their defense of Jones.

His psychological state also could cause potential delays in the handling of a 
trial. It also could affect whether prosecutors seek death-penalty charges in 
the case.

Jones' attorneys, John B. Gibbons and Harvey Bruner, have said in court 
documents that Jones "does not understand the nature of his act, nor does he 
comprehend the gravity of the charges against him."

He is 1 of 4 men charged in the death of Brennan, who was killed June 30 at his 
restaurant. Jones and the others charged - his brother Brandon Jones, as well 
as brothers Paul and Devonne Turner - have pleaded not guilty.

Blaise Thomas, an assistant Cuyahoga County prosecutor, told Clancy last month 
that the investigation into Brennan's death has found that Darien Jones was 
"the principal offender." He stopped short of saying that Darien Jones fired 
the weapon.

But in other court documents, Gibbons and Bruner asked the judge for a 
ballistics expert, saying: "The operation of the weapon, which is alleged to 
have been involved in this homicide, is germane to the defense of this case."

Gibbons and prosecutors declined to comment Tuesday.

Clancy has yet to set a trial date. One of the issues that must be decided is 
whether prosecutors will decide to bring death-penalty charges.

Thomas has told Clancy at hearings that his office only has evidence - at this 
point - that Darien Jones could be meet the standards of the charge. Thomas 
stressed that the investigation continues.

An internal review committee of the prosecutor's office has discussed the case, 
but it has not made a recommendation to Prosecutor Timothy McGinty.

Clancy has set another hearing on the case for Oct. 16 in which Darien Jones' 
competency and a trial date could be discussed.

Devonne Turner, Brandon Jones and Darien Jones are charged with aggravated 
murder, kidnapping, aggravated robbery, aggravated burglary and felonious 
assault in Brennan's death.

Each is being held in the county jail on $1 million bond.

Turner's brother, Paul, has been charged with obstructing justice, tampering 
with evidence and illegally possessing a weapon while a convicted felon. He is 
being held on $500,000 bond.

On June 30, Brennan's restaurant was closed, but he was there prepping for the 
week. Authorities have refused to say what took place in the business. A woman 
walking by the restaurant called 9-1-1 when she heard 3 gunshots and saw 2 men 
running from the business.

(source: cleveland.com)