[Deathpenalty] death penalty news----TEXAS, DEL., FLA., CALIF.

[Rick Halperin]

Oct. 20


TEXAS:

Texas death penalty too easily doled


On Oct. 8, a 49-year-old man who was looking death in the eyes was able to walk 
away a free man.

According to the Houston Chronicle, in 2005, Manuel Velez was charged in the 
death of his girlfriend's son, Angel - who passed away a day before his 1st 
birthday.

The Huffington Post said Velez was with the boy when he started struggling to 
breathe and sought help, but ultimately the child could not be saved. It was 
only a few weeks after the death that Velez became a person of interest, 
despite not having a history of violence, and he was sentenced to death row at 
the age of 40.

Angel's mother - and Velez's girlfriend - Acela Moreno was also found guilty of 
the child's death and charged with capital murder; however, she agreed to a 
plea deal and was only required to serve 5 years of a 10-year sentence before 
being sent to Mexico.

Back in August, a judge granted credit to Velez for the 9 years he served on 
death row and gave him the ability to be eligible for mandatory supervision. 
And on Oct. 8, Velez walked out.

One of Velez's lawyers, Brian Stull from the American Civil Union's Capital 
Punishment Project, strongly believed that Velez never committed the crime he 
was imprisoned for, said The Huffington Post.

"Manuel never belonged in prison, let alone on death row waiting to be 
executed," Stull said. "He is indisputably innocent."

Stull also went on to say that he believed the child's mother played the upper 
hand in his death.

According to the Houston Chronicle, Moreno had a history of being abusive to 
her children, and Stull said he believed she should have been regarded as the 
main suspect to the tragedy.

"This is the story of an innocent man who went to death row because the entire 
system failed," Stull said to the Huffington Post.

The death penalty isn't black and white; it's difficult to say death penalty 
should be legalized all over the country.

According to the Texas Death Penalty Law, capital punishment is legal in the 
state of Texas should the suspect have caused the death of another individual. 
However, the entire institution of capital punishment goes a lot deeper. Rather 
than generalizing every murderer as simply being deserving of the penalty, it 
should be required to take each case as it comes.

"I always find myself torn on whether the death penalty should be allowed," 
said journalism senior Nikki Nduukwe.

"I think it's hard for me to wrap my mind around taking someone's life as a 
punishment for a crime, but then I think of the people who have done horrible, 
disgusting things. So when it comes to the death penalty I think the issue is 
so complex that it is hard to say yes or no."

In Texas, the death penalty is reserved for those who have caused another???s 
death. If the system and the victim's family want the perpetrator to suffer the 
consequences for the act he committed, the death penalty would not fulfill 
this.

"I think the death penalty is too easy of a way out for a criminal crime," said 
accounting junior Christina Nguyen. "A life sentence in jail allows criminals 
to think upon their actions."

Once the criminal is dead, he's gone. It would be more beneficial to have him 
serve out a life sentence and, therefore, be properly punished for his crime.

However, there are a number of individuals who are beyond help and the death 
penalty may be the only course of action for them. This can be said for 
individuals who have repeatedly committed the same crime or who are becoming an 
increasing danger to society.

Each case must be taken on its own, but with some individuals it's easy to see 
that they have no chance in redeeming themselves and it would be better to put 
them out of their misery. Psychology junior Emma Coronado said she believes the 
system can remove the blood from its hands by keeping criminals locked up.

"There are people who are too evil to live," Coronado said. "They're dangerous 
and have insatiable lusts that are impossible for them or anyone else to 
control. That being said, I do believe in a higher power and that fate will 
take its course; whether it be during their lifetime or after it. I think they 
belong in high security places where there is no danger of escape."

Velez was extremely lucky to walk away from capital punishment, which cannot be 
said for a number of individuals.

The death penalty is the most inhumane form of punishment, and the system does 
not have the right to decide whether or not a person should live. Despite being 
a highly controversial topic, the death penalty is not spoken about as much as 
other topics - which needs to change.

(source: Opinion columnist Trishna Buch is a print journalism senior; The 
(Univ. Houston) Daily Cougar)






DELAWARE----new execution date//NOT serious

Bonistall killer's execution date set

In a brief proceeding on Monday, James Cooke was informed that he is to be put 
to death on Dec. 4 for the 2005 rape and murder of Lindsey Bonistall.

However, all sides expect this new execution date to be stayed as Cooke pursues 
appellate options.

Cooke, 43, who was notorious for his outbursts during his 1st trial and 
re-trial, remained quiet through the 6-minute proceeding before Superior Court 
Judge William C. Carpenter Jr., who took over the case after Superior Court 
Judge Charles Toliver IV retired earlier this year.

Carpenter read a brief statement informing Cooke that since the Delaware 
Supreme Court had upheld Cooke's conviction and death sentence, the court was 
required to re-impose the sentence and set an execution date.

Cooke, who was dressed in an orange prison jumpsuit, was then taken out of the 
courtroom once Carpenter finished re-reading the sentence that was imposed by 
Toliver in September 2012.

Outside court, Cooke attorney Anthony Figliola said he expects that Cooke will 
file a motion claiming his trial counsel was ineffective, and at that point, 
he, along with co-counsel Peter Veith, will file a motion to stay the execution 
and withdraw from the case. Figliola said he expects Cooke to file his motion 
in the next couple of weeks, and at that point, the Federal Public Defender's 
Office will take over representation of Cooke through the appeals process.

Deputy Attorney General Steve Wood said while he does not expect Cooke to be 
executed in December, due to appeals, he nonetheless said Carpenter's ruling on 
Monday is "an important step down a long road" to Cooke's eventual execution.

Appeals in a death penalty case can take as long as 15 years before an 
execution is carried out.

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

Eden Park slaying trial opens


In opening statements Monday, prosecutor Ipek Medford told a jury that Jeffrey 
Phillips and Otis Phillips walked up to Herman "Ninja" Curry as he stood on the 
sidelines of an afternoon soccer tournament on July 8, 2012 and tapped him on 
the shoulder.

"Ninja, you will die," a witness heard Otis Phillips say and he pulled out a 
gun and fired repeatedly. Curry, 47, tried to get away but soon fell to the 
ground after being hit three times at point blank range, she said.

According to witnesses, Medford said Otis Phillips and Jeffrey Phillips then 
turned to the massive crowd of people including women and children and families 
enjoying the tournament and a day at the park, and sprayed the crowd with 
gunfire. And a witness saw 16-year-old Alexander Kamara Jr., who was waiting 
for his turn to play in the tournament, drop to the ground.

This trial, Medford told the jury, is about revenge, retaliation and 
elimination.

Medford said Otis and Jeffrey Phillips, who are not related, were seeking 
revenge and looking to retaliate for a slaying of one of their friends, Kirt 
Williams, hours earlier at a party on King Street.

Jeffrey Phillips had been at that party with Williams and others and told to 
leave just before the shooting started.

But Medford said Otis Phillips was also seeking to eliminate Curry, who was 
witness to a slaying at a different party in January 2008 where Otis Phillips 
was the main suspect based on Curry's description to police.

Medford also said that both Otis Phillips and Jeffrey Phillips were members of 
violent, drug-dealing street gang, the Sure Shots, and the gang wanted to "go 
to war" after the slaying of Williams.

Defense attorneys, meanwhile, stressed the poverty-stricken upbringing of their 
clients and reminded the jury that both men were innocent until proven guilty.

Attorney Kevin O'Connell, representing Jeffrey Phillips, said his client was 
not a gang member but hung out with some because they had a studio and he liked 
to make music with them. Attorney Michael Heyden also denied that his client, 
Otis Phillips, was a member of the Sure Shots.

Jeffrey Phillips is facing 12 charges, including first-degree murder for the 
death of Kamara and Curry. Otis Phillips is facing 15 charges, including murder 
the 2008 slaying of Christopher Palmer, the murder Curry witnessed.

Both men face a possible death sentence if convicted.

The trial, overseen by Superior Court Judge Calvin Scott, is expected to last 
more than a month.

(source for both: Delawareonline.com)






FLORIDA:

Trial to start soon for man accused of stabbing wife to death in parking lot


A 44-year-old Central Florida man faces the death penalty if he is convicted of 
killing his wife outside of a local sub shop.

Dwayne White is standing trial on 1st-degree murder charges. He is accused of 
slashing his estranged wife to death in a Seminole County parking lot. 
Prosecutors allege that it was White who killed 42-year-old Sarah Rucker in 
August 2011.

The state is seeking the death penalty. On Monday, potential jurors were asked 
in detail what they think of the that possible punishment.

The potential jurors were told White has not been convicted of anything at this 
point. His trial has yet to start.

"Pushed me down and hit my head, but I'm fine," Rucker said on a 911 call hours 
before her death, which will be played during the trial.

Rucker said an argument at her home in Deltona got physical. She said she was 
going to get the phone she claimed White took from her.

"I'm on call tonight and I just need my phone," she told the 911 operator.

3 hours later, the local hospital worker was found stabbed and slashed. Her 
body was found in a sub shop parking lot at State Road 434 and Interstate 4 in 
Longwood.

The state said scientific evidence at that scene points to White.

12 jurors are needed in this case, and usually 2 alternates are also part of 
the panel. The case could start as early as Tuesday morning and is expected to 
last a week.

(source: WESH news)






CALIFORNIA:

Murder charges filed----Long Beach Man Could Face Death Penalty After Being 
Charged With Murder of CSUN Student


A Long Beach man is eligible to receive the death penalty after he was charged 
today in the death of a Cal State Northridge student last month, the Los 
Angeles County District Attorney's Office (LADA) announced.

Agustin Rosendo Fernandez, 28, of Long Beach, was charged with 1 count of 
murder, with the special circumstances of murder during a robbery and murder 
during a carjacking. The complaint also alleges personal use of a knife as a 
deadly weapon.

The LADA said Fernandez met victim Abdullah Alkadi through a social media 
website after Alkadi posted his car for sale, said Deputy District Attorney 
Cynthia Barnes, who is prosecuting the case.

The body of Alkadi, an engineering student, was discovered last week near Palm 
Springs off the 10 Freeway. Prior to that, he was last seen near his Northridge 
home on September 17.

Because of the special circumstance allegations, Fernandez is eligible for the 
death penalty, the LADA said. Prosecutors will decide later whether to seek the 
death penalty or life in state prison without the possibility of parole.

Fernandez is scheduled to be arraigned today at the Los Angeles Superior Court 
in San Fernando, Department S. Prosecutors are expected to ask that he be held 
without bail.

(source: Long Beach Post)