[Deathpenalty] death penalty news-----TEXAS, PENN., FLA., OHIO, KY.

[Rick Halperin]

Oct. 30


TEXAS----new 2014 execution date

Texas adds 11th killer to 2014 execution list; Scott Panetti, 56, was condemned 
for the 1992 murders of his wife's parents. He is set to be executed in 
December.


The Texas Department of Criminal Justice on Wednesday added an 11th inmate - 
double killer Scott Panetti - to its roster of 2014 executions.

The addition of the Kerr County killer to the execution list came one day after 
the execution of San Antonio triple killer Miguel Parades, who was the 10th 
inmate to be executed this year. 6 other killers with execution dates received 
stays, although the execution of 1 of them has been reset for next year.

Executions may be scheduled at any time during the year, provided a 30-day 
period passes between the date the execution was ordered and the date it is 
carried out. Executions typically are not scheduled around Christmas.

Panetti, 56, was condemned for the 1992 murders of his mother and 
father-in-law. His execution is set for Dec. 3.

He will become the 519th killer to be executed in Texas since the state began 
lethal injections in 1982.

(source: Houston Chronicle)

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

Execution Date Set for 'Delusional' Murderer Scott Panetti in Texas


Texas has set a new execution date for a bible-thumping convicted murderer who, 
according to his lawyers, is so mentally ill he thinks the devil is 
orchestrating his death.

Scott Panetti, 56, fatally shot his in-laws in front of his estranged wife and 
their kids in 1992. Despite a history of schizophrenia, he was deemed competent 
to stand trial and represented himself, wearing a costume and trying to 
subpoena a dead president and a movie star.

The U.S. Supreme Court granted Panetti a reprieve in 2007, ordering low courts 
to take a closer look at whether Panetti has a "rational understanding" of why 
he is being put to death.

Prosecution experts suggested Panetti was malingering, while defense 
psychologists said he was delusional. The judge found that while delusions may 
have fueled Panetti's crimes, he realizes he committed the murders and meets 
the standard for execution.

Earlier this month, the U.S. Supreme Court declined to review Panetti's appeal 
and a county judge signed an order for a Dec. 3 execution. His lawyer, Greg 
Wiercioch, called that "unfortunate" in a statement.

"For more than 3 decades, Mr. Panetti has suffered from severe mental illness," 
he said.

"He was allowed to represent himself at his capital trial, wearing a 
make-believe cowboy outfit and attempting to subpoena Jesus Christ and John F. 
Kennedy. He has a fixed delusion that Satan, working through the State of 
Texas, is seeking to execute him for preaching the Gospel. His execution would 
be a miserable spectacle."

(source: NBC news)

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

Executions under Rick Perry, 2001-present-----279

Executions in Texas: Dec. 7, 1982-present----518

Perry #--------scheduled execution date-----name---------Tx. #

280------------Dec. 3-------------------Scott Panetti---------519

281------------Jan. 14------------------Rodney Reed-----------520

282------------Jan. 15------------------Richard Vasquez-------521

283------------Jan. 21-------------------Arnold Prieto--------522

284------------Jan. 28-------------------Garcia White---------523

285------------Feb. 4--------------------Donald Newbury-------524

286------------Feb. 10-------------------Les Bower, Jr.-------525

287------------Mar. 11-------------------Manuel Vasquez-------526

288------------Mar. 18-------------------Randall Mays---------527

289------------Apr. 15-------------------Manual Garza---------528

(sources: TDCJ & Rick Halperin)






PENNSYLVANIA:

'Greensburg 6' killer wants to appeal her sentence


One of the people convicted in the 2010 torture and killing of a mentally 
disabled woman in Greensburg was today granted a hearing to appeal her 
sentence.

Amber Meidinger, who is representing herself, is claiming ineffective legal 
representation and a conflict of interest, according to paperwork she filed 
earlier this month with Westmoreland County Common Pleas Court.

Her court filing for reconsideration provided no other details.

Meidinger, 24, who originally faced the death penalty in the slaying of 
Jennifer Daugherty, testified for the prosecution.

She pleaded guilty to 3rd-degree murder, criminal conspiracy and kidnapping and 
was sentenced to 40 to 80 years in prison.

Trial Judge Rita Hathaway ruled that the hearing would occur during the next 
available criminal motions court.

Meidinger was one of the so-called "Greensburg 6," 6 roommates who prosecutors 
say held Ms. Daugherty captive and abused her for 3 days before killing her in 
the winter of 2010. They were all convicted.

1 of Meidinger's co-defendants, Melvin Knight, who is on death row for the 
slaying, appealed his sentence last month.

Among the claims made by Knight's counsel was the argument that the death 
sentence was unconstitutional because Meidinger did not get the death penalty 
despite being "equally or more culpable."

(source Pittsburgh Post-Gazette)






FLORIDA:

Bondi recommends stay of execution be denied for Gadsden County man


Attorney General Pam Bondi replied to a stay of execution motion by a Gadsden 
County convicted murderer saying he failed "to show substantial grounds for 
relief required for a stay."

Chadwick Banks' attorney, Tampa based Terri Backhus, submitted the stay to the 
Florida Supreme Court Wednesday.

Banks, who was convicted in the 1992 slaying of his wife and stepchild in 
Gadsden County, is scheduled to be executed at Florida State Prison Nov. 13.

Backhus' motion said that Banks' post-conviction legal counsel did not fully 
represent his client

Bondi cited a several failed appeals by inmates who were executed this year, 
wherein it found "in order to justify a stay of execution, Banks must 
demonstrate 'substantial grounds on which relief might be granted.'"

Backhus cited in her appeal Wednesday a 2014 Missouri appeal wherein the U.S. 
Supreme Court granted a stay based on deficient performance by an inmate's 
counsel.

Bondi continued that Banks' arguments relate to federal court proceedings, not 
state appeals and contends there is no constitutional right, or 3rd party 
right, to post-conviction counsel.

Backhus' involvement in Banks' appeals were also noted by Bondi.

"The State also notes that Ms. Backhus continues to attempt to minimize her 
historical role as counsel for Banks," it wrote in its reply. "Ms. Backhus was 
Banks' counsel in federal court for almost the past 10 years ... and, contrary 
to Ms. Backhus attempting to minimize her role as Banks' counsel in state 
court, through her successive post-conviction motion filed in 2010 in state 
circuit court, she appeared in state court and she continued to appear for 
Banks in state court as she litigated the denial of that motion in this Court," 
resulting in the 2012 Banks vs. State appeals trial.

"The State respectfully submits that Banks' execution should not be stayed and 
that the motion for stay of execution should be denied," Bondi concluded.

Banks, now 43, was on probation for two aggravated assault charges when he 
entered the Gadsden County home of his wife Cassandra Banks around 2:30 a.m. 
and shot her in the head while she slept.

He then went into the bedroom of his 10-year-old stepdaughter Melody Cooper and 
raped her before also shooting her in the head.

After pleading no contest to the crimes, Banks was found guilty of 2 counts of 
1st-degree murder and 1 count of sexual assault on a victim under 12 years old 
by a Gadsden County jury in 1994. The jurors voted 9-3 to recommend the death 
penalty.

His direct appeals have been denied by the Florida Supreme Court. Following the 
denial of his 1st appeal, the court called the double murders "heinous, 
atrocious and cruel" enough to warrant death.

"In the early morning hours, Banks sat outside the trailer for several minutes 
before entering. He then shot his wife as she lay sleeping," said the court in 
1997.

He appealed again in 2001, but the high court again denied his request.

If he is executed, Banks would be the 19th Florida death row inmate killed 
during Scott's 1st term in office, the most of any Florida governor. Banks 
would be the 89th prisoner executed since 1979 following reinstatement of the 
death penalty in Florida.

Original story

The attorney of Chadwick Banks, who was scheduled to be executed for the 1992 
double murder of his wife and stepchild, submitted a stay of execution to the 
Florida Supreme Court Wednesday afternoon.

Banks' execution at Florida State Prison was scheduled for Nov. 13.

In the motion, Banks' attorney Terri L. Backhus of Tampa says that his client's 
post-conviction counsel did not have the resources, staff or experience to take 
on capital litigation.

"Mr. Banks alleged that his post-conviction counsel, Gary Printy, abandoned him 
during his post-conviction appeal in this court by not completing briefing or a 
motion for a rehearing," Backhus wrote in the 7-page motion.

Backhus filed an appeal with the state court last week, which announced 
Wednesday morning oral arguments on Nov. 4 on the case had been cancelled.

Backhus wrote that Banks' previous attorney failed to obtain his client's 
public records and uncover details about mental illness and child abuse and 
missed the deadline to file a federal appeal.

He continues that Printy admitted after Banks' death warrant was signed by Gov. 
Rick Scott that he was unqualified and his client did not have proper 
representation until Oct. 1, 10 days after the warrant was signed.

"Our system will be irreparably broken if Mr. Banks is not allowed a remedy for 
the vested right that Florida created," Backus wrote.

(source: Tallahassee Democrat)

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

Peace groups, exonerated inmates rally to call for an end to Florida's death 
penalty


Pope Francis called for an end to capital punishment the day before an Oct. 24 
rally that drew those opposed to the death penalty to demonstrate in front of 
the Old Capitol here. The weekend assembly was sponsored by Pax Christi 
Florida, Tallahassee Citizens Against the Death Penalty, and Floridians for 
Alternatives to the Death Penalty (FADP).

At the juncture of 2 of the busiest streets in Tallahassee, loud honks from 
people in cars who supported those demonstrating cut through the speakers' 
words, but it was noisy encouragement for those holding signs and banners. 
Nearly 100 advocates from around the state embraced the pope's words to 
galvanize their position.

Florida has exonerated the highest number of death row prisoners in the nation. 
However, FADP director Mark Elliott said the current Florida governor, Rick 
Scott, "is in a horse race with Texas Gov. Rick Perry to see who wins for the 
most executions." Texas leads with nine executions so far this year, followed 
by Missouri with eight and Florida with seven. Chadwick Banks is scheduled to 
die by lethal injection in Florida on Nov. 13. If it goes through, Banks will 
become the 20th person to die by lethal injection in Scott's four years, the 
highest of any Florida governor.

Since Florida reinstituted capital punishment in 1979 after the U.S. Supreme 
Court lifted the ban against state-sponsored killing, 88 inmates have been 
executed in the state. There are approximately 400 inmates awaiting execution 
on Florida's death row. According to FADP, the cost to the state's taxpayers is 
$1 million a week versus $750,000 for extended life imprisonment.

Three exonerated death row prisoners were among those at the Oct. 24 rally. 
David Keaton was the first to be found innocent in Florida. Recently exonerated 
Seth Penalver, who spent 18 years on death row, and Herman Lindsey spoke 
eloquently and without rancor about their experiences. The men have not had 
their voting rights restored because of new restrictions under Scott. All 3 are 
African-American. In Florida, 15 of the 24 death row inmates who have been 
exonerated since 1973 are black; 4 are Latino.

Democrat state Rep. Michelle Rehwinkel Vasilinda is a vocal opponent of capital 
punishment. She has introduced legislation to repeal capital punishment for 
four years in a row, but it has yet to be heard in the Republican-controlled 
legislature.

Fr. Phil Egitto of Our Lady of Lourdes parish in Ormond Beach, Fla., protests 
outside the Florida State Prison walls in Starke, Fla., with a group of 
parishioners each time an execution takes place.

"We are there to pray to change the minds and hearts of people who come from a 
culture of violence," Egitto said. "Abortion is a person's decision, but when 
the state kills in our name, it is not our choice."

"Going to ground zero is important," he added. "Bringing the presence of love, 
we combat violence that begets violence. We stand as the first disciples stood, 
at the foot of the cross."

Fr. Tim Holeda of Blessed Sacrament Parish in Tallahassee asked those listening 
to "imagine a world where the death penalty isn't racist or costs anything. It 
is still unacceptable. Ask your friends, 'When is it acceptable for the state 
to kill someone?'"

"We need to be a people of love, of peace and mercy," he said.

The Rev. Brant Copeland, pastor of First Presbyterian Church in Tallahassee and 
a longtime social activist, had a list of why he opposes the death penalty.

"It offends my faith," he said. "It doesn't deter crime, and it puts vengeance 
ahead of justice. It is an international embarrassment. I don't enjoy sharing 
the spotlight with human rights abusers like Iraq, Iran, China and Saudi 
Arabia."

The weekend wrapped up with presentations by two human rights activists. Terry 
Coonan, director of Florida State University's Center for the Advancement of 
Human Rights, said, "140 countries have stopped the death penalty. This is a 
human rights issue and very expensive retribution."

The other activist was former president of the American Bar Association, former 
state legislator and retired FSU president Sandy D'Alemberte, who founded the 
Innocence Project of Florida, which works with wrongfully convicted prisoners.

"The way we administer the death penalty in Florida is arbitrary," he said. 
"People who get the death penalty are not the worst people who commit the worst 
crimes, but those who get the worst lawyers."

D'Alemberte said he advocates boycotting Florida by European countries that 
advise tourists to avoid the state.

"If countries treated Florida and the U.S. as they did apartheid in Africa, the 
death penalty would end," he said.

(source: Catholic Reporter)






OHIO:

Shawn Ford never felt loved, psychiatrist testifies in death penalty phase of 
sledgehammer murder case


Shawn Ford never felt loved by the family who largely ignored him during his 
childhood, a psychiatrist testified Wednesday in Ford's capital murder case.

Ford never felt cared for until he started dating Chelsea Schobert in late 
2012, according to Dr. Joy Stankowski, months before Ford attacked Schobert and 
bludgeoned her parents to death with a sledgehammer.

"Shawn told me he never felt loved by his mother or family," said Stankowski, a 
forensic psychiatrist at Northcoast Behavioral Healthcare. "He said his sister 
was his mom's favorite and his stepbrothers were his stepfather's favorite."

Stankowski testified for four hours on Wednesday during the death-penalty phase 
of Ford's trial. A jury previously convicted Ford of several charges, including 
aggravated murder, that could land him on death row.

Stankowski, a defense witness who is paid $350 per hour, examined Ford in four 
separate interviews between June and September, she said.

Stankowski testified that Ford suffered from anti-social personality disorder, 
that he had alcohol and marijuana dependency, that he was neglected and abused 
by his family and that he had a low IQ.

Defense attorneys and prosecutors argued about the significance of the IQ tests 
Ford took. Ford scored a 64 on one recent test, which puts him below the 
threshold of 70 that could prevent Ford from being executed.

Prosecutors argued that Ford purposefully tried for a low IQ score. The test 
administrator also noted in a report that Ford appeared to be inattentive and 
impulsive during the test, according to testimony.

Ford scored an 80 on another IQ test given about the same time. Defense 
attorney Jonathan Sinn asked Summit County Judge Tom Parker to dismiss death 
penalty specifications because of Ford's low IQ. Parker denied the request but 
told Sinn he could provide legal briefs arguing his position.

Stankowski also testified that Ford's upbringing had a profound impact on his 
life. She noted one instance when Ford was 3 and jumped on his father's back in 
order to stop him from attacking his mom.

"He became quiet after that," Stankowski said.

Ford then went to live with his grandparents, the only time he had two parental 
figures in his life at the same time, Stankowski said. He went back to live 
with his mother about age 5 and was so upset he didn't speak for months.

She also noted that Ford's mother said instead she would simply ignore Ford 
instead of talking to him about issues in his life.

"She coped by ignoring him or telling his sister to talk to him," Stankowski 
said, adding that Ford learned to fight at an early age because classmates 
bullied him about his high-pitched "girly" voice.

The only way Ford learned how to make the bullying stop is by fighting 
classmates, she said.

"He had a lot of disruption in his life at a key time in his development," 
Stankowski said. "A child at that time needs to feel good about their family 
instead of being abused. That can have a very serious impact on someone's 
development."

Assistant Summit County Prosecutor Brian LoPrinzi sought to show Ford 
purposefully lied to Stankowski and that he faked his IQ tests in order to be 
spared the death penalty.

He asked Stankowski if Ford may have lied during his interviews with her 
because it was in his best interest.

"Possibly," Stankowski said.

The death penalty phase of the trial will continue on Thursday. Ford's mother 
is among two witnesses that are expected to testify. The jury will then begin 
deliberating to decide whether to recommend death, life in prison or life in 
prison with parole eligibility in 25 or 30 years.

(soure: Cleveland.com)

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

Ohio Supreme Court upholds conviction, death sentence of man who killed 
Twinsburg police officer


The Ohio Supreme Court unanimously upheld Ashford Thompson's aggravated murder 
conviction for the 2008 slaying of a Twinsburg police officer, but split 4-3 in 
deciding that the death penalty was appropriate.

Thompson's death sentence, according to an entry filed with the high court's 
90-page decision, is scheduled to be carried out April 5, 2017.

Thompson, who turned 30 while on death row last month, shot Officer Joshua 
Miktarian 4 times in the head, at close range, after Thompson had been stopped 
for playing loud music in his car in the early hours of July 13, 2008.

In the high court's close decision on the death sentence, Justice William M. 
O'Neill, who wrote one of the dissenting opinions, called the circumstances 
surrounding the fatal shooting a "routine traffic stop gone tragically wrong."

O'Neill said in his dissent that there were not sufficient aggravating factors 
to outweigh points of "significant weight" on Thompson's behalf.

"The court's conclusion that Thompson shot Miktarian to avoid being detected, 
apprehended, or punished," O'Neill wrote, "is pure fiction."

O'Neill used the trial testimony of Thompson's girlfriend, Danielle Roberson, 
who was in his car and witnessed the shooting, to challenge the majority 
opinion that Thompson killed the officer to escape responsibility for his 
actions.

Roberson testified that Miktarian was aggressive toward Thompson, yelled at him 
from the beginning of their encounter, then "slapped a handcuff on him and 
threatened to 'let [his] dog out on [Thompson's] ass,'"? only moments after 
Thompson got out of his car, O'Neill noted.

In his dissent, quoting a passage from Thompson's unsworn testimony to the 
jury, he also noted that the defendant explained "all of this in his mitigation 
statement."

The only reasonable explanation for what happened, O'Neill said, "is that 
Thompson was confused and frightened and mistakenly concluded that Officer 
Miktarian planned to attack him - either by releasing the police dog or by 
shooting him."

O'Neill pointed to Thompson's background - as a college graduate, licensed 
practical nurse with a steady job, church and community involvement and lack of 
any prior serious offense - as significant in outweighing the aggravating 
circumstances of his actions.

"This case is not in the same category as the premeditated, intentional taking 
of the life of another," O'Neill concluded.

Justices Paul E. Pfeifer and Judith Ann Lanzinger concurred with the dissent 
against death. Pfeifer ended his brief remarks by saying: "I would sentence 
Thompson to life without parole."

(source: Beacon Journal)






KENTUCKY:

Caudill could face death penalty; prepares for trial next week


1 Perry County attorney was reprimanded in court on Thursday after the judge 
said he thought the proceedings in a possible death penalty case were not being 
taken seriously enough.

Billie J. Caudill, 31, of Whick, who is facing charges of DUI 2rd offense, 
driving on a DUI suspended license, 3 counts of murder, and potential capital 
punishment, appeared in Perry County Circuit Court Thursday morning.

The Herald reported last year that in July 2013, Caudill was behind the wheel 
of vehicle that crossed the centerline on Highway 15 and collided with another 
vehicle, leading to the deaths of William Belcher, his wife Lillie, and 
Caudill's husband Danny Caudill, who was a passenger in her vehicle.

Commonwealth's Attorney John Hansen told the Herald last year that test results 
of samples taken after the crash showed that Caudill was intoxicated at the 
time on the incident.

Earlier this month, Hansen filed a motion to seek the death penalty in the 
case. With the trial less than a week away, Caudill's attorney, Brent Flowers, 
spoke about the need for a decision from Judge Bill Engle on the death penalty 
motion, in a tone of voice that Judge Engle apparently thought implied Flowers' 
lack of respect for the court.

"These are serious charges and I realize that it's at the last minute just 
before the trial that you got this [death penalty motion] and I realize that's 
serious I understand that," Engle addressed Flowers, adding that processes 
would need to be followed and specific paperwork would still need to be filed 
despite the time constraints. "You can at least respond in a respectful manner 
to this court."

"You don't have to like me, you don't have to respect me or have respect for 
me, but you need to have respect for this court," Engle said. "Acting that way 
in my court is not only acting disrespectfully, but I think it's acting 
somewhat childish."

Caudill's trial is still set for Nov. 3.

(source: Hazard Herald)