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

[Rick Halperin]

Oct. 20



NEBRASKA:

Fleisher, Norma Jean Bodenhamer CPA


Norma Jean Bodenhamer Fleisher CPA, quietly slipped into the arms of her Savior 
on Thursday, October 16, 2014, in Lincoln. Norma was born October 21, 1926, in 
Grand Island, Neb. to Duward Arthur Bodenhamer and Myrtle May Bouchard. Norma 
was 1 of 4 children. She was united in marriage to Emmett Cleo Fleisher on 
October 19, 1957. While working full time and raising a family, Norma taught 
herself accounting via correspondence course and at age 40 became a CPA, her 
proudest accomplishment. She later served on The American Institute for 
Certified Public Accountants Minority Small Business Development Committee and 
traveled to New York and other cities giving seminars assisting minorities 
develop small businesses. She also volunteered with VITA assisting low-income 
individuals complete their tax returns. After her retirement from Lincoln 
Telephone, she was commissioned as a United Methodist missionary and assigned 
to Scarritt-Bennett Center in Nashville, Tenn. for nearly eight years prior to 
returning to Lincoln. While at Scarritt-Bennett, she volunteered with 
"Nashville Cares" supporting people living with AIDS by serving on a hot line 
for 5 years. While in Nashville and also after returning to Lincoln, she 
visited prisoners on death row, some of whom she continued to correspond with 
until the time of her passing. She traveled to Guatemala to volunteer with 
Habitat For Humanity where she helped to prepare a building site. She was a 
member of TCASK (Tennessee Coalition Against State Killing) and was involved in 
peaceful public demonstrations in Nashville, which she continued when returning 
to Lincoln, each Monday noon outside the Governor's mansion across from the 
Capitol. In 2011 at the age of 84, she drove her 19-year-old car to all 93 
county seats in the State of Nebraska spreading the word against the death 
penalty. She was a member of Nebraskans For Alternatives to the Death Penalty.

Norma fostered many children in her later years and each held a special place 
in her heart. She was formerly a member of Grace United Methodist Church in 
Lincoln, until the time of its dissolution where she served on the board of 
directors of "Released and Restored," a program for ex-convicts. At the time of 
her passing, she was a member of New Hope United Methodist Church in Lincoln. 
Her final gift was to donate her body to the University of Nebraska Medical 
Center for research. She will be remembered for her selfless, servant's heart 
and her exquisite homegrown tomatoes of which she was quite boastful.

Norma is survived by 4 children: daughters, Nancy Kail (Charles), Johnston, 
Iowa, Janet Powell, Lincoln, Laura Offermann (Fred), Council Bluffs, Iowa; son, 
Bill Fleisher (Kristin), Lincoln; step-daughter, Norma Jean White (Mickey), 
Vinton, Va.; 9 grandchildren, Mick Shepard (Brenda), Milford, Angela Shepard 
and Lewis Fleisher, Lincoln, Amanda Cox and Jessica Turner, Council Bluffs, 
Brendan Fleisher (Toni), Bellevue, Ethan Fleisher, Bellevue, Michael White, 
Roanoke, Va., Cindy Hodges (Clay), Roanoke; two grand-dogs, Laska and Rocky 
Kail; 14 great-grandchildren, Tyler and Austin Shepard, Jayden and Julyan 
Zamora, Aidan and Asher Cox, Elizabeth Perez (Cristian), Megan Lopez 
(Geronimo), Trevor Case, Declan, Kassady and Gunner Fleisher, Austin and 
Michael White, Jr.; 9 great-great grandchildren, Leynah, Tatiana, Gabryella and 
DJ Perez; Angelica, Anastasia, Alexis and Emilio Lopez, Lilly Case; one 
brother, Robert Long (Donna), Clay Center, Kan.; and a plethora of nieces, 
nephews, foster children, and dear friends. Preceded in death by her parents, 
Myrtle & Duward Bodenhamer; husband, Emmett Fleisher; sisters, Dorothy Knox and 
Margaret McGinnis; Brothers-in-law, Ronald Knox and Stephen McGinnis; Nephews, 
Tom McGinnis, Neil Knox and Rob Long; great-granddaughter, Anna Reese Cox; and 
a great-great grandson, Cristian Josue Perez.

A celebration of her life will be held Sunday, October 26, at 3 p.m. at New 
Hope United Methodist Church, 1205 N. 45th St, Lincoln, NE 68503, with The 
Reverend Dr. Anne Kiome officiating. Memorials may be made to New Hope United 
Methodist Church.

(source: Lincoln Journal Star)






OKLAHOMA:

He Wanted 'the Best Life Has to Offer' and Killed His Family to Get It


Alan Hruby is a young man who was, in his own words, "striving for the best 
life has to offer" and decided, at some point, that killing his family was the 
quickest way to get it. He was a student of political science who liked to 
travel and liked to spend money; mostly, his parents' money and when they 
finally turned off the tap, he killed them, along with his younger sister.

Hruby, 19, was the eldest child of John and Tinker Hruby, who lived in Duncan, 
Oklahoma and were respected members of the community. John, 50, was the owner 
and publisher of a local newspaper, the Marlow Review. Alan Hruby had a sister, 
Katherine, who was 2 years his junior.

Alan did not outwardly appear troubled in any way, but he seemed driven by 
material things; to the point of having a shopping addiction and owing money to 
a loan shark. On his Facebook page, he described himself as "an up and comer 
from Oklahoma. Striving for the best life has to offer." He also posted 
statements that might have betrayed narcissistic tendencies, but could be 
chalked up to the exuberance and indomitable spirit of youth: "If you are tired 
of your dreams you simply are not dreaming big enough," he posted on April 25 
and, on Jun 4, he wrote "Life is all about taking chances. Live a life full of 
positive chances, don't be the person to look back 10 years later regretting a 
decision."

In July, 2013, Alan Hruby took a vacation to Europe, visiting London, Paris and 
Rome. He reportedly obtained an American Express credit card, in his 
grandmother's name. After returning to the United States, he was charged with 
fraud after his father brought the matter of the credit card to the attention 
of police. Whilst in Europe, he had run up charges on the card, totaling more 
than $4,800. Hruby's spending continued to be a cause of some concern to his 
parents.

Last week, Hruby planned to travel to Dallas, Texas to watch Oklahoma 
University's football team play Texas. His parents refused to give him any more 
money for the trip. The teenager also owed $3,000 to a Oklahoma loan-shark. He 
had already decided, at some point, that the answer to his money problems was 
to kill his family and inherit his parents' estate. On Thursday, October 9, 
Hruby walked out to his dad's truck and retrieved a 9mm pistol. He went back 
into the house and waited for his family. When Tinker Hruby, 48, came into the 
house, her son shot her twice, killing her with the 2nd shot. A short time 
later, his sister, Katherine, walked inside and was killed with 1 shot. Alan 
Hruby then waited for his father to return. After about an hour, John Hruby 
came back to the house and Alan shot him twice.

Within hours, Alan Hruby had checked into the Ritz Carlton hotel in Dallas and 
was hanging out with a friend from OU. Andrew Bormann, who had driven down to 
Dallas with Alan's ticket for the game, said later "There was nothing I could 
detect that was wrong with him," in reference to their meeting in Hruby's hotel 
room. "...I was with him alone in his room, less than 24 hours after he shot 
his family and that I could tell nothing was wrong, that he was completely 
normal, is also terrifying." Bormann added.

On the morning of Monday 13, the Hrubys' housekeeper arrived at the house and 
discovered the three bodies. The following day, Alan Hruby was detained by 
police on a parole violation. He initially appeared distraught at the news of 
his family's slaying but, when his account of his own activities did not appear 
to add up, police decided to hold him for further questioning and, by that 
evening, he had confessed to the killings.

Speaking with a local news channel, Stephens County District Attorney Jason 
Hicks described Hruby's demeanor as unrepentant. "The only remorse we've seen 
is because he got caught," Hicks said.

The communities of Marlow and Duncan are still in shock over the killings. The 
Hruby's were, seemingly, well-liked and appeared almost to fit that 'perfect 
family' image. Alan Hruby, however, was a young man who appears to have felt 
that he was entitled to the "best life has to offer" and, in order to get it, 
he killed his parents and sister in cold blood. Hicks could seek the death 
penalty for Alan Hruby but has not revealed his intention to do so. With regard 
to the killer's disposition - and his fate - Hicks said the only remorse shown 
by Hruby was "crocodile tears." "It wasn't remorse because 'I've lost my mom, 
my dad and my sister,' it's remorse because he knows that his life is basically 
over."

(source: guardianlv.com)






ARIZONA:

Faces Death Penalty Because Travis Alexander Murder Was 'Especially Heinous'


Jodi Arias faces the death penalty in her trial because the original jury 
decided that she killed her former boyfriend Travis Alexander in an especially 
cruel manner.

Despite the conviction last year of the 2008 murder, the jury couldn't come to 
a unanimous decision, leading to the current situation of a new jury being 
chosen.

The new jury "will decide only if there are mitigators that outweigh the 
cruelty," explained AZ Central.

"The aggravator is called F(6) in the statutes, 'especially heinous, cruel or 
depraved.' In Arias' case, the trial judge would only allow for cruelty. All 
murder could be deemed cruel, but 'excessive cruelty' is supposed to refer to 
great physical suffering and mental anguish before death."

But the report notes that it's almost impossible to draw a line between murders 
that should get punished by death and those that don't.

The prosecutors choose which ones should. Juan Martinez in this case.

"The only narrowing function is prosecutorial discretion," defense attorney 
Eric Crocker said. "You're at the whim of the prosecutor's office to determine 
which cases are capital and which are not."

Maricopa County Attorney Bill Montgomery feels that prosecutor discretion is 
necessary because each murder case is different. "You can't have a formula if 
you look at each one on its merit," he said.

Now that the new jury has been chosen, the actual retrial will start on 
Tuesday. Live video will not be allowed - in fact, no video will be allowed 
until the trial is completely over.

The jury will be sworn in as prosecutors seek the death sentence.

While Arias' murder conviction stands, prosecutors have one more shot at 
securing a death sentence with the new jury. Otherwise, Arias faces life in 
prison. Judge Sherry Stephens would then decide whether Arias could eventually 
get paroled or not.

A judge announced Thursday that the new jury will be seated on Tuesday. 
However, additional arguments are planned for Monday.

Arias acknowledged killing Alexander, but she said it was self-defense. 
Prosecutors argued the killing was carried out in a jealous rage after 
Alexander wanted to end their affair.

The retrial is expected to last into December.

(source: The Epoch Times)






CALIFORNIA:

High Court to Review California Death Penalty Case


The Supreme Court will consider reinstating the conviction and death sentence 
for a California man in a 29-year-old triple murder in San Diego.

The justices said Monday they will hear California's appeal of a federal 
appeals court ruling that overturned the conviction and sentence for Hector 
Ayala.

The 9th U.S. Circuit Court of Appeals in San Francisco said Ayala was denied a 
fair trial because prosecutors excused all seven black and Hispanic jurors who 
might have served.

The jury convicted Ayala of killing 3 people during a drug robbery at a San 
Diego garage in 1985.

The case will be argued in the winter.

The case is Chappell v. Ayala, 13-1428.

(source: Associated Press)






USA:

Benghazi suspect pleads not guilty to new murder charges


Ahmed Abu Khatallah, a suspect in the September 2012 attack on a U.S. facility 
in Benghazi, pleaded not guilty to new murder charges and the government 
declined to say Monday whether anyone else will be charged in this case.

CBS News' Paula Reid reports that Khattalah, the suspected leader of the attack 
against the U.S. diplomatic compound, appeared Monday morning in federal court. 
He entered the courtroom wearing a green jumpsuit, no handcuffs or restraints, 
and he was escorted by 3 U.S. Marshals.

Khatallah appeared before Judge Christopher R. Cooper in the U.S. District 
Court for the District of Columbia to be arraigned on 17 additional charges 
which carry a possible death sentence if convicted. Through his lawyer, he 
entered a plea of not guilty and requested a speedy trial. Khatallah did not 
utter a single word during the hearing. He listened to the proceedings on a 
headset with help of a translator.

The next hearing is scheduled for December 9.

Khattalah, 43, the first militant to be prosecuted for the Benghazi violence, 
had initially been charged with conspiracy to provide support to terrorists, 
resulting in death. U.S. officials had described that initial, 1-count 
indictment as a placeholder to allow for him to be brought into court and for a 
grand jury to hear more evidence.

The new indictment does not add to the public account of how the attacks 
unfolded but it does include multiple counts that make Khattalah eligible for 
the death penalty if convicted, including murder of an internationally 
protected person and killing a person during an armed attack on a federal 
facility. It also accuses him, among other charges, of providing material 
support to terrorists, malicious destruction of property and attempted murder 
of an officer and employee of the U.S.

Reid reports that after the arraignment, the parties had a status hearing where 
both sides, once again, fought about the amount of discovery that the defense 
has received.

Khatallah's federal public defender argued that she has only received a "small 
amount" of discovery. She said that the new death penalty eligible charges 
broaden the scope of what information the government should provide to her.

The government said that it has passed along about 60 to 80 p% of its evidence 
and is moving as fast as they can. The judge asked whether this will remain a 
one defendant case and the government would only say "the investigation is 
ongoing."

After his capture during a nighttime raid, Khattalah was brought to the U.S. 
aboard a Navy boat where he was interrogated by federal agents. He remains in 
custody at a detention facility in Alexandria, Virginia. Khattalah earlier 
pleaded not guilty to the terrorism conspiracy charge.

One of his public defenders, Michelle Peterson, said last summer that 
prosecutors had not presented evidence tying him to the attacks.

"It is important to remember that an indictment is merely a set of allegations 
or charges, it is not evidence," she said Tuesday evening. "We will vigorously 
defend Mr. Abu Khatallah in court where the government will be forced to prove 
his guilt, based upon actual evidence."

Federal prosecutors have long accused Khattalah of being a ringleader of the 
Sept. 11, 2012, attacks that killed Ambassador Chris Stevens and 3 other 
Americans. Attorney General Eric Holder said the new indictment reflects Abu 
Khattala's "integral role" in the attacks.

The superseding indictment alleges that Abu Khattala was involved in two 
different attacks, hours apart, on the diplomatic compound. The violence, which 
quickly emerged as a flashpoint in American political discourse, was aimed at 
killing American personnel at the compound and looting the buildings of 
documents, maps and computers, the Justice Department says.

In the 1st burst of violence on the night of Sept. 11, prosecutors allege, Abu 
Khattala drove to the diplomatic mission with other militants and a group of 
about 20 breached the main gate and later launched an attack with assault 
rifles, grenades and other weapons. That initial attack killed Stevens and 
communications specialist Sean Smith and set the mission ablaze.

Prosecutors say Khattala supervised the plunder of sensitive information from 
that building, then returned to a camp in Benghazi where a large group began 
assembling for an attack on a second building known as the annex. The attack on 
that facility, including a precision mortar barrage, resulted in the deaths of 
security officers Tyrone Snowden Woods and Glen Anthony Doherty, authorities 
say.

(source: CBS news)

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

The Death Penalty: Justice in Peril


On a Friday evening in 1944, in a small South Carolina town, George Junius 
Stinney Jr. was on his way to the execution chamber with a bible tucked under 
his arm. Even after using the book as a booster seat, the boy - who stood just 
over 5 feet tall and weighed 95 pounds - did not fit in the electric chair. The 
adult-sized facemask dangled loosely on his face. At 14 years of age, this 
black child became the youngest person to be legally executed by an American 
state since the 1800s.

Recently unearthed evidence suggests that Stinney was innocent. This evidence 
has come 70 years too late.

The tragic, legal lynching of George Stinney, Jr., illustrates how 
government-sanctioned death is morally incompatible with our less-than-perfect 
justice system.

The advent of DNA evidence gave way to a series of exonerations for wrongful 
convictions, beginning in 1989. Since that time, there have been 1,408 total 
exonerations for wrongly convicted persons, including 106 exonerations of 
individuals sentenced to death. Kirk Bloodsworth was the 1st death-row inmate 
to be exonerated by DNA evidence in the United States. He had been accused and 
convicted of a rape-murder he did not commit. Glenn Ford spent 30 years in 
prison for a murder he did not commit before DNA evidence made him the most 
recent death-row inmate to be exonerated in the United States.

If there is anything to learn from these heartbreaking stories of wrongful 
convictions, it is that an imperfect justice system makes capital punishment 
impossible to justify. Those 106 exonerated death row inmates were fortunate to 
have had science on their side and diligent defense attorneys and judges 
willing to reopen their cases to find the truth. For every Bloodsworth and Ford 
who now walks the streets, there are untold numbers of innocent others who 
remain on death row - or worse, who are dead because the death penalty is still 
constitutional in the United States.

The death penalty is a vestige of an ugly past that says the harshest penalty 
is ultimately what deters crime, even though current evidence about its 
effectiveness as a deterrent is inconclusive at best.

Yes, the death penalty is reserved for the most serious of crimes. And yes, it 
takes many years for a death sentence to be carried out, after the entire 
appeals process has been exhausted. But that doesn't resolve the most serious 
concern that government-approved death raises. Unlike a life sentence, where 
the opportunity for that individual to prove his or her own innocence still 
exists even after the last appeal, death is final. To sentence someone to death 
is to say that this individual no longer has the right to prove his or her 
innocence. For such a practice to have democratic legitimacy, the legal system 
must be able to determine guilt with absolute precision.

Our legal system does not fit the bill. It is too often inaccurate and unfair. 
Too many individuals have already been exonerated from sentences that carried 
capital punishment and too many people of color have been treated unequally at 
every step of the legal process for us as a country to rest easy as states 
around the country continue to carry out executions.

The United States is the only country in the Western Hemisphere that still 
permits capital punishment. The 43 executions that were carried out in the U.S. 
in 2012 puts us in a company that is only surpassed by China, Iraq, Iran, and 
Saudi Arabia. These are facts that should frighten us all. If we wish to 
consider our country the leader of the free world, then it is imperative that 
we reexamine our practices at home. As long as the death penalty remains 
constitutional in the United States, justice will remain in peril.

(source: Opinion; Dennis O. Ojogho '16, a Crimson editorial writer, is a 
government concentrator in Winthrop House----The Harvard Crimson)