[Deathpenalty] death penalty news----TEXAS, PENN., GA., OHIO, COLO., WYO., WASH.

[Rick Halperin]

Sept. 6



TEXAS:

Brendon Gaytan Faces Death Penalty


The state will be seeking the death penalty for 1 of the men accused of killing 
2 young girls.

Brendon Gaytan is charged with capital murder. His brother, Cruz Salazar, who 
is also charged with capital murder, is not facing the death penalty.

Both will be tried separately next month.

They're accused of killing 6-year old Nevaeh Oliva and her 2-year-old cousin, 
Lillyana Valent, during a drive-by shooting on Cheryl Dr. back in February.

(source: KRIS tv news)






PENNSYLVANIA:

Dickey Appeals Death Penalty Ruling


A defense attorney is trying to get the death penalty off the table for a 
convicted murderer's retrial.

A Blair County judge ruled that the prosecution could go for the death penalty 
in the Paul Aaron Ross re-trial.

Several years ago he was convicted of killing Tina Miller. Thursday Ross' 
attorney Tom Dickey appealed to the State Superior court asking them to not 
allow the death penalty because that was the ruling in the previous trial and 
he doesn't think that should change.

The trial is slated to start in November.

(source: wearecentralpa.com)






GEORGIA:

Legal expert: Death penalty for Justin Ross Harris a strong possibility


1 day after Justin Ross Harris was indicted on 8 counts related to the hot car 
death of his 22-month-old son, Cooper, an Atlanta defense attorney says the 
district attorney in Cobb County would only have sought the charge of malice 
murder if he thought he had a chance to get a conviction.

A conviction on that count would pave the way for Harris to receive the death 
penalty. He is accused of leaving his son locked in a hot car to die, while he 
was at work.

"I've known (Cobb County District Attorney) Vic Reynolds a long time," said 
defense attorney Ray Giudice. "He's a quality man and great lawyer. My belief 
is he would have not sought that count of malice murder in front of a grand 
jury unless he and his staff believe they can prove it beyond a reasonable 
doubt."

The malice murder charge is 1 of 3 murder charges against Harris, with the 
other 2 being felony murder charges based on the acts of child cruelty.

"That gives the district attorney's office enormous leverage in negotiations 
and the ability to say to the defense council, 'you want to come up and plead 
to one of the non-death-penalty murder charges, or are you ready for trial?'"

Giudice said that based on how trial calendars are structured, and the amount 
of research the defense council for Harris will have to conduct, Harris' trial 
likely would not start until late next winter or early in the spring.

(source: CBS news)






OHIO----many new (re-scheduled) execution dates)

Ohio executions rescheduled: 6 in 2015, 5 in 2016


Ohio conducted a single execution this year, but officials will quicken the 
pace with 6 scheduled in 2015 and 5 more in 2016.

A revised execution schedule, released yesterdayby the Ohio Department of 
Rehabilitation and Correction, was necessary because of an order issued in 
August by U.S. District Judge Gregory L. Frost. The judge postponed executions 
in September, October and November because of a continuing dispute about 
lethal-injection procedures. Frost said no execution in Ohio can take place 
until at least Jan. 15.

Gov. John Kasich signed 11 temporary reprieves, necessary to move executions 
both forward and backward on the calendar.

The only execution in Ohio this year, Dennis McGuire on Jan. 16, was troubled. 
McGuire snorted, gasped, clenched his fists and tried to lift off the table 
during a procedure that lasted 26 minutes. Prison officials used a 2-drug 
combination never before tried in a U.S. execution.

Ronald R. Phillips of Summit County is first on the new schedule, with a date 
of Feb. 11, 2015. His execution was postponed twice, once by Frost and once by 
Kasich, to give Phillips time to donate a kidney to his ailing mother. The 
transplant never happened, however.

3 of the coming 11 executions involve killers from Franklin County: Warren K. 
Henness on July 15, 2015; Alva Campbell Jr. on March 23, 2016; and Kareem M. 
Jackson on Sept. 21, 2016. There have been just 2 executions from Franklin 
County since capital punishment was resumed in 1999.

Henness, 50, murdered Richard Myers, 51, of Columbus, on March 20, 1992. 
Henness shot Myers 5 times in the head, then used stolen credit cards and 
checks to get money to buy drugs.

Campbell, 66, killed Charles Dials, 18, on April 2, 1997, after escaping from 
custody by feigning paralysis while on the way to court. Campbell car-jacked 
Dials, drove around for 2 hours, then shot him in the parking lot of a Wal-Mart 
on S. High Street.

Jackson, 40, shot to death Antorio Hunter, 19, and Terrance Walker, 23, of 
Columbus, on March 25, 1997, while committing a robbery. Jackson got the death 
penalty for both victims. The Ohio Department of Rehabilitation and Correction 
said all victims, inmates, lawyers and prosecutors and inmates have been 
notified of the new schedule.

The execution schedule is available online here: www.drc.ohio.gov.

(source: Columbus Dispatch)

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

Darien Jones identified as man who shot and killed Jim Brennan during 
restaurant robbery; prosecutors considering death penalty charges


Prosecutors have begun considering whether to seek the death penalty against 
the 3 men charged in the slaying of Cleveland Heights restaurant owner Jim 
Brennan during a robbery June 30th.

Blaise Thomas, an assistant Cuyahoga County prosecutor, told Common Pleas Judge 
Maureen Clancy on Friday that the investigation into Brennan's death indicates 
that Darien Jones, a 21-year-old Garfield Heights man without a criminal 
record, was "the principal offender."

While Thomas would not reveal Jones' role in the case, attorneys in the case 
have identified Jones as the man who shot Brennan.

Thomas said a prosecutor's office panel will re-convene in 2 weeks to consider 
bringing the death penalty. Ultimately, Prosecutor Timothy McGinty will decide 
whether to seek the charges before a county grand jury.

Jones, his brother, Brandon, and Devonne Turner are charged with aggravated 
murder, kidnapping, aggravated robbery, aggravated burglary and felonious 
assault. 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.

The 4 have pleaded not guilty.

While prosecutors are considering whether to seek the death penalty against the 
Joneses and Devonne Turner, Thomas said, they only have evidence - at this 
point - that Darien Jones could be meet the standards of the charge. Thomas 
stressed that the investigation continues, telling Clancy that his office is 
getting new information daily.

John Gibbons, one of Darien Jones' attorneys, declined to comment after the 
hearing.

Authorities said Jones fired the shots. Under Ohio law, the death penalty can 
be filed again a principal offender or a person who kills with prior 
calculation.

Thomas said it is unclear when the prosecutor's panel will make a 
recommendation to McGinty.

Clancy has yet to set a trial date.

Thomas also revealed that prosecutors are expected to file additional charges 
against the Turner brothers. They are accused of robbing the Gas Express at 
3726 Clark Ave. on Cleveland's West Side about eight or nine hours after the 
shooting of Brennan, he said. He said their images were captured on videotape.

He said a county grand jury is expected to consider the case in the near 
future. Court records show that at the time of Brennan's slaying the Turners 
were wanted on a warrant for failing to appear for a June 4 hearing in a 
separate robbery. In that case, records show, the brothers were accused of 
robbing and attacking two people in April.

The Joneses are from Garfield Heights. The Turners live in Cleveland.

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 bar.

(source: cleveland.com)



COLORADO----2, including female teenager, to face death penalty

DA seeks death penalty against 2 Sterling teens


The district attorney prosecuting a gruesome double homicide case in Sterling 
is seeking the death penalty against 2 teens.

Sterling teens, Brendan Johnson, 19, and his girlfriend, Cassandra Rieb, 18, 
were both charged with 1st-degree murder in the May deaths of Johnson's 
grandparents, Charles and Shirley Severance.

Charles' body was discovered in his Sterling home, located at 409 S. 3rd Ave., 
May 29. The remains of Shirley Severance were discovered near Sterling, with 
other remains found near Nebraska.

Thirteenth Judicial District Attorney Brittny Lewton filed the intent to seek 
the death penalty on Friday.

According to court records, Johnson told investigators he and Rieb "had been 
planning to kill his 70-year-old grandparents ... since the 1st part of May." 
Rieb also admitted to her role in the murder to police, according to court 
records.

"The plan was to kill them so he could get their inheritance," Rieb told police 
during a polygraph interview.

Rieb's next court appearance is September 19. Johnson will be in court October 
27.

(source: KUSA news)






WYOMING:

Wyoming lawmakers to consider death penalty bills


A state legislative committee plans to discuss next week whether to sponsor 1 
bill that would abolish the death penalty in Wyoming and another that would 
introduce the firing squad as an option for execution.

Joint Judiciary Interim Committee member Rep. Keith Gingery of Jackson said he 
expects animated debate over the death penalty when the committee meets 
Thursday in Laramie.

"My guess is we will vote out the firing squad one, that will move on," he 
said. "I don't think we'll get enough votes for getting rid of the death 
penalty. That's our last meeting of the year, so it either happens or it 
doesn't happen."

Another committee member, Rep. Stephen Watt of Rock Springs, said he opposes 
the death penalty. He also opposes the firing squad idea, recalling the time he 
was shot five times in a 1982 confrontation as a Wyoming Highway Patrol 
trooper.

"I don't care that it's a fraction of a second. It hurts tremendously. It's 
cruel and unusual to subject another person to that," Watt told the Casper 
Star-Tribune (http://bit.ly/WmE5Fq).

Chesie Lee, executive director of the Wyoming Association of Churches, said he 
will address the committee in support of repealing the death penalty.

"Revenge is not what we're called to do," she said. "It's not that we oppose 
punishment altogether, but revenge is not the answer."

(source: Associated Press)






WASHINGTON:

Carnation death-penalty case hit by more delays; What was supposed to be a 
two-day hearing to determine if Michele Anderson is competent to stand trial 
and potentially face the death penalty has morphed into a multiday affair, with 
a ruling from the trial judge not expected for at least 2 weeks.


What was supposed to be a 2-day hearing to determine if Michele Anderson is 
competent to stand trial and potentially face the death penalty for her alleged 
role in the killings of 6 family members in 2007 has morphed into a multiday 
affair, with a ruling from the trial judge not expected for at least 2 weeks.

Though Anderson has twice been found competent to stand trial following 
psychological evaluations in 2008 and 2011, her defense team has again 
challenged her competency and ability to rationally aid and assist in her 
defense, court records show. She has repeatedly refused to meet with her 
attorneys, Colleen O'Connor and David Sorenson, and when she does, she refuses 
to engage with them in discussions about her case and trial strategy, according 
to a defense motion filed in the case.

"Given the pattern and practice, we are always falling behind and we can't do 
this forever," King County Superior Court Judge Jeffrey Ramsdell said Thursday, 
apparently frustrated by the additional time needed to hear testimony from 2 
psychologists, 1 retained by the defense and the other by the state.

Dr. Mark Cunningham, a Texas psychologist hired by the defense, testified all 
day Thursday and is to resume Tuesday with cross-examination. The state's 
expert, Dr. Brian Judd of Olympia, may not be available to give his testimony 
until the week of Sept. 15, the judge was told.

On Wednesday, Ramsdell denied defense motions to close the courtroom and seal 
Anderson's most recent competency evaluations. After a lengthy recess to allow 
the state and defense time to hammer out proposed redactions, Ramsdell redacted 
about 12 lines from Cunningham's 45-page report that referenced "confessional 
statements" made by Anderson, far fewer than had been requested by the defense.

Cunningham's report hasn't been entered into the court record as an exhibit 
yet, so is not available to the public or media.

Also Thursday, Anderson submitted a handwritten motion to the court, asking 
that she be appointed new attorneys because of a "conflict of interest," and 
her lawyers' "personally biased views" that she claims led to their failure to 
guarantee the "accuracy of material" in her case.

Her motion, which Ramsdell has not ruled on, also claims she has the right to 
file a civil suit against Cunningham for "misconduct."

Ramsdell and King County Senior Deputy Prosecutor Scott O'Toole are currently 
preparing for trial in the capital case against Anderson's co-defendant and 
former boyfriend, Joseph McEnroe, with opening statements expected sometime in 
October. Anderson and McEnroe are each charged with 6 counts of aggravated 
1st-degree murder, accused of fatally shooting Anderson's parents, brother and 
sister-in-law, and the younger couple's 2 children on Christmas Eve 2007 in 
Carnation.

There have been repeated delays in the case, including three separate 
challenges to the state Supreme Court that all resulted in reversals of 
decisions made by Ramsdell. Both defense teams have vigorously challenged King 
County Prosecutor Dan Satterberg's decision to seek the death penalty through 
numerous motions and arguments in the nearly 7 years since the killings. To 
date, all have failed to get the death penalty tossed out.

"Once we begin with Mr. McEnroe's case in earnest, it's going to be hard to get 
back to this," Ramsdell said of Anderson's competency hearing. "I know Mr. 
O'Toole is saddled with some of the same obligations I am."

But because Anderson will be tried after McEnroe if she's found competent, 
"There's not an urgency to get this resolved, but I think we need to get on 
with this," the judge said Thursday.

(source: Seattle Times)