[Deathpenalty] death penalty news----TEXAS, FLA., OHIO, COLO., CALIF., USA

[Rick Halperin]

Aug. 12



TEXAS:

please see (and sign): 
https://www.change.org/p/dallas-da-susan-hawk-dallas-da-susan-hawk-reopen-the-darlie-routier-case?recruiter=759443&utm_source=share_petition&utm_medium=email&utm_campaign=share_email_responsive


Dallas DA Susan Hawk

Dallas DA, Susan Hawk , reopen the Darlie Routier case.

Dear Madam District Attorney, we the signees , kindly request that you open the 
Darlie Routier case. She has been on DR since 1997 for something she did not 
do. She did not kill her sons; Damon and Devon and there is plenty evidence to 
back that up. Some of it is dealt with , but still there is a lot to be done. 
At the time of the investigation chaos ruled. Items in the home were touched 
and moved improperly so that many of the pictures did give the wrong ideas, 
evidence was mishandled. If you look at the time frame in which it is suggested 
the crime was staged, and compare with the 911 call, you will see it does not 
add up. There was no time for staging. Pictures of Darlie proves she could not 
have done it herself. There are many things and DNA tests that still need to be 
done. Madam, please look into the case. It has been too long and it is high 
time the whole truth came out. It is time for the real killer to face justice. 
Darlie and her family deserve that much, so does the entire state of Texas.

Thank you for your attention!

(source: EW/RH)

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

Man accused of killing son, 7 others: 'I'm only human'


In a jailhouse interview, the man being held without bond for allegedly 
murdering a family of eight inside their north Harris County, Texas, home, 
repeatedly said, "I'm only human."

Advised not to talk about the night his ex-girlfriend, her husband and 6 
children - including his own son - were tied up and killed, David Conley did 
admit to being in the home.

Conley, 48, is charged with capital murder in the case.

13 years ago, Conley could have been in prison for life after being charged 
with felony retaliation against Valerie Jackson - his on-again, off-again 
girlfriend who he is now accused of killing.

Because of 2 previous felony convictions, Conley could have received 25 years 
to life if convicted on that third felony. However, Devon Anderson, the current 
Harris County district attorney who oversaw the court handling of the case as a 
prosecutor, signed off on a five-year plea deal for Conley.

Her office said Jackson forced the prosecution's hand in how it handled the 
case.

"Basically what happened to that case is what happens with so many domestic 
violence cases: The victim recanted her story," said Jeff McShan with the 
Harris County District Attorney's Office.

McShan said not only did Jackson say on several occasions that the incident 
never happened, she blamed it on an ex-boyfriend. But because of Conley's long, 
violent history, including domestic violence against Jackson, McShan said 
prosecutors pursued the case for months.

"We went all the way up to the trial date hoping she would tell the truth about 
what happened, show up for court, but we couldn't even locate her," McShan 
said.

Complicating things even further were Jackson's open warrants from Wisconsin 
for theft and bail jumping, along with previous convictions, including 3 for 
prostitution in 2001 and 1 for trespass in 1995.

Conley served 5 years.

During his jailhouse interview, Conley said he had been living with Jackson for 
some time, and that her husband was out of the picture. But he said, the 2 
started having problems, so he moved out. That's when Jackson's husband moved 
back in.

Conley said he was in shock when he found out.

Conley said his son Nathaniel had become a problem child. He described his 
13-year-old son as disrespectful, saying Jackson wouldn't all him to discipline 
the boy.

He admitted he was at a breaking point, and admitted he was in the home the 
night of the murders.

When asked whether he had a gun, Conley said he wasn't allowed to own any.

Asked whether his son was in a better place, without admitting anything, Conley 
altered a scripture from the Bible.

"Thou shall honor your mother and father or your days are short," he said.

At the end of Conley's interview, he broke down crying. He said he prays all 
the time and is sad so many people are dead.

Anderson's office has another chance to put Conley away for good, but this time 
they could ask for the death penalty.

On Monday, Anderson said it could be three or four months before that decision 
is made.

Conley's next court appearance is Sept. 15.

(source: KHOU TV news)






FLORIDA:

Man accused in 2013 Metro PCS slaying is scheduled to go on trial in May 2016


A trial date has been set for the man accused of the 2013 execution-like 
killing of 20-year-old phone store manager Shelby Farah, but the trial will not 
take place for almost a year.

Circuit Judge Tatiana Salvador scheduled May 2, 2016, for James Xavier Rhodes, 
who is facing a potential death sentence. Assistant Public Defender Debra 
Billard said she needed almost nine months to prepare because multiple doctors 
will be testifying about Rhodes' mental health, and they need time to examine 
her client and write their reports on him.

She also needs a time when all the doctors will be available to testify, 
Billard said.

Assistant State Attorney John Guy said he would be ready to go to trial before 
May but was fine with the date if defense lawyers needed that much time.

Rhodes, 23, is charged with killing Farah while robbing the Metro PCS store on 
North Main Street in Jacksonville. According to police reports, Rhodes pulled a 
gun on Farah and shot her in the head after she gave him several hundred 
dollars.

The killing was captured on surveillance video.

Efforts to prosecute Rhodes for the murder have moved slowly. For the last year 
the case has been bogged down in questions of whether Rhodes was too 
intellectually disabled to face a potential death sentence.

Salvador ruled last month that Rhodes was not intellectually disabled, although 
that ruling is likely to become a subject of appeal if he is convicted and 
sentenced to death. The ruling appeared to have an impact on Rhodes, who spent 
previous hearings shaking and muttering to himself.

Rhodes did not shake or mutter at Tuesday's hearing and appeared to have no 
problems interacting with his lawyers.

"I guess he's not playing crazy anymore," said Darlene Farah, mother of Shelby, 
after Tuesday's hearing.

Darlene Farah and her son, Caleb Farah, have previously expressed frustration 
at how long it has taken to begin the trial.

But neither expressed unhappiness over the nine-month wait between Tuesday and 
the trial.

"I'm glad his attorneys are doing everything they can to defend him," Caleb 
Farah said after Tuesday's hearing. "That means there's fewer things he can 
appeal."

His mother said she had wanted it to be over in 2015 but expressed the hope 
that with nine months to prepare, the defense wouldn't ask for any more time.

While Darlene Farah was talking, Billard walked up to her and the 2 women 
exchanged a hug. Farah asked the lawyer defending the man accused of killing 
her daughter if the case would go to trial in May.

"I hope we can dispose of it before then," Billard said.

Darlene and Caleb Farah have opposed the death penalty for Rhodes, saying they 
want prosecutors to make a deal with the defense that would allow Rhodes to 
plead guilty in return for life without parole. Farah has said she wants the 
case to be over with so her family doesn't have to go through the years of 
appeals that always happen when someone is sentenced to death.

If defense attorneys agreed to a deal for life in prison, Rhodes would likely 
be required to waive all appeals.

Farah reiterated Tuesday that she wanted the deal to happen and said the 
defense team has told her it is willing to cut that deal.

Prosecutors have declined to comment on a pending case but appear determined to 
seek the death penalty.

(source: Florida Times-Union)






OHIO:

Man accused of stabbing 4 children, killing their father/uncle could face death 
penalty


A man charged in an "savage" stabbing attack that killed a 33-year-old father 
and wounded 3 of his young children and a teenage nephew could get the death 
penalty.

A grand jury returned a death penalty indictment Wednesday against Akihiko 
Clayton, 20, in the 5 stabbings in a Springdale apartment on July 2. A 
5-year-old boy - a son of the victim - hid under a blanket and escaped 
unharmed, relatives said.

Clayton was arrested on another crime nearly 4 weeks later after he allegedly 
robbed a bank in Northern Kentucky on July 28. He will be extradited to Ohio, 
police said.

Police confirmed that the slain man, Emilio Ramirez, was the father of the twin 
2-year-old girls and a 7-year-old boy who were stabbed. A 14-year-old boy 
injured in the attack was Ramirez' nephew, relatives told WCPO.

According to police, Clayton forced entry into an apartment at 1108 Chesterdale 
Circle known as the Willows of Springdale. When Springdale police were called 
to the scene shortly after midnight, they found blood on the front door and 
heard loud music from the apartment. Inside, they found the 5 victims.

Some of the children required surgery but have been released from hospitals, 
police said.

Springdale police Chief Michael Mathis called it a "savage" attack. "I've been 
here since 1986 and I have not seen a crime of that magnitude," Mathis said 
Wednesday.

"It was very difficult on the officers who had to respond."

At the time, a neighbor told WCPO about seeing an officer carrying a little 
girl into an ambulance.

"I just wanted to cry, seeing the little girl -- little kids -- just stabbed," 
said Mirma Mendez.

Mathis held a news conference to thank first responders and other agencies who 
helped at the scene and during the investigation. He mentioned the Ohio Bureau 
of Criminal Investigation, Southwest Ohio Violent Crimes Task Force and many 
others.

"It immediately became the No. 1 priority in our department," Mathis said. "We 
put our egos aside and called for help."

Mathis declined to discuss specifics of the case.

At the time, officers said the victims are Hispanic and translators had to be 
called to the scene to assist the investigation. Francisco Castillo, union 
representative for the victims' wife and mother, showed up to see if he could 
help the family.

"We know as immigrant people they're scared for some reason because they are 
targeted, especially from criminals," Castillo said. "They think they're 
carrying cash money."

Back in July, Springdale police said they weren't aware of a possible motive 
and didn't know if there was a relationship between the attacker and his 
victims.

"Anytime you have a crime where the perpetrator inflicts this kind of injury on 
young people, we look at that very closely," Springdale Capt. Thomas Wells 
said. "Right now we don't have any specifics to indicate that there is a 
personal tie to this."

"To break into someone's home and stab him to death and stab 4 innocent young 
children for absolutely no reason is horrific," Prosecutor Joe Deters said in a 
statement Wednesday.

Clayton was on the loose until he allegedly robbed the Huntington Bank in 
Latonia, Kentucky, 26 days later. Covington police said they received 2 calls 
about a robbery in progress and they had arrived at the bank when Clayton ran 
out the front door. Police said they recovered the money and a toy pistol made 
to look like a real gun.

Clayton confessed to the bank robbery, police said. He also was wanted on a 
bank robbery warrant in Campbell County, according to police.

Clayton is charged with 2 counts of aggravated murder (capital offense), 1 
count of aggravated burglary (felony 2), 1 count of aggravated robbery (felony 
1), 4 counts of attempted murder (felony 1) and 8 counts of felonious assault 
(Felony 2). He faces the death penalty if he is convicted of all charges.

Clayton was charged with 1st-degree robbery and kidnapping in connection with 
the bank robbery.

(source: WCPO news)






COLORADO:

Death penalty phase underway in Fero's trial----Jurors must decide whether 
Dexter Lewis, convicted of killing 5 at a Denver bar, will spend the rest of 
his life in jail or die by lethal injection


Jurors began deliberating Wednesday morning in the 1st stage of the sentencing 
trial for Dexter Lewis, who was found guilty Monday of murdering 5 people at a 
Denver bar in 2012. Prosecutors are seeking the death penalty against Lewis, 
meaning they will have to convince the jury through 3 sentencing stages.

The 1st stage, arguably the most straightforward, concerns whether aggravating 
factors existed in the killings. Aggravating factors include multiple victims 
and an "especially heinous, cruel or depraved" manner of killing. Lewis was 
found guilty of stabbing the 5 victims to death.

"This case is different," said Matt Wenig, chief deputy district attorney, in 
his closing arguments for stage 1. "You've heard about the personal way that 
these victims were killed with that knife."

"He simply went down the line, not caring about them, not showing any of them 
any mercy," he said. "You're allowed to think about the pain."

Wenig listed the names and ages of each victim, describing their wounds in 
graphic detail.

"They're drowning internally in their own blood," he said.

In the defense closing, attorney David Kraut cautioned the jury about moving 
too quickly.

"We accept your verdicts and we respect your verdicts," he said. He called on 
the jurors to exercise "vigilance and scrutiny."

If the jury finds aggravating factors, the sentencing phase moves to stage 2 in 
which the jurors will hear possible mitigating factors - such as the 
defendant's troubled youth - and decide whether to move to the final stage. In 
that stage, jurors could hear from victims' families and possibly the defendant 
himself before deciding the appropriate punishment.

At any point, the jury can decide to spare Lewis' life and sentence him to life 
in prison.

Jurors in the trial of the Aurora theater gunman James Holmes moved through all 
3 stages. They were unable to reach a unanimous verdict so he will serve life 
in prison.

(source: Denver Post)






CALIFORNIA:

California prosecutor may seek death penalty in home invasion murder


Prosecutors in California said Tuesday they may seek the death penalty against 
an illegal immigrant accused of the horrific sexual assault and bludgeoning 
murder of a 64-year-old Air Force veteran attacked in her Santa Maria home last 
month.

Victor Martinez Ramirez, 29, an illegal immigrant with an extensive criminal 
record, is scheduled to appear in court Thursday in connection with the murder 
of Marilyn Pharis, who was beaten with a claw hammer and left for dead in a 
home invasion 3 weeks ago. Police arrested Ramirez 6 times over the last year 
and a half, but he remained free because of federal and state policies 
protecting criminal aliens.

Santa Barbara County District Attorney Joyce Dudley told Fox News Channel's 
Greta Van Susteren she would gather information from several sources before 
deciding on the death penalty charge.

"I am going to want to get input from the Santa Maria Police Department, from 
the other prosecutors in my office, from the executive staff, from the victim's 
family, from the defense attorneys," Dudley said. "All of this is very 
important and I will make the decision based upon the information I receive."

The prosecutor said the immigration status of Ramirez is not a factor in the 
decision, although it has generated outrage as the latest in a strong of cases 
in which illegal immigrants known to police were not detained for deportation.

"For a state prosecutor, the immigration issue is irrelevant," Dudley said. "My 
job and the job of the two prosecutors who will be prosecuting this case is to 
prove the charges, the special allegations, the enhancements to a standard 
beyond a reasonable doubt. Whether someone is an immigrant or not an immigrant, 
whether they are here lawfully or not here lawfully."

But others question why Ramirez was still in the U.S. Arrested previously on 2 
felony charges, Ramirez should have been deported under federal law. 
Immigration and Customs Enforcement officials had asked local authorities to 
turn him over, but when Dudley's office accepted misdemeanor pleas, Ramirez 
received sanctuary under state and federal law.

Ramirez's case angered Santa Maria Police Chief Ralph Martin, recently lashed 
out at lawmakers and President Obama for protecting criminal aliens.

"I think this is a national issue," Martin told reporters last week. "It starts 
with the administration and their policies. You can draw direct line to this 
governor and Legislature. I am not remiss to say that from Washington, D.C. to 
Sacramento, there is a blood trail to Marilyn Pharis bedroom."

Martin isn't the only one upset. Sen. Charles Grassley, R-Iowa, sent Homeland 
Security Director Jeh Johnson a letter Tuesday demanding answers.

"Clearly, there has been a total breakdown in cooperation between local and 
federal law enforcement that allowed this alleged killer to be released and, 
despite his lengthy and violent criminal record, never deported," Grassley 
wrote.

He demanded Johnson turn over Ramirez' federal immigration file, plus any 
correspondence the department had with Santa Barbara over its sanctuary policy.

The Pharis case and the July 1 alleged murder of Kate Steinle in San Francisco 
by an illegal immigrant have made illegal immigration an issue in the 
presidential campaign as well as re-igniting a debate on Capitol Hill over the 
Obama administration's policy of not removing criminal aliens. Statistics show 
a 50 % decline in the number of federal detainers issued on criminal aliens, 
leaving them on the streets instead of being sent back home.

(source: Fox News)

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

Charges filed in Arenas homicide case


3 Tulare teenagers are being charged with 4 felony counts and special 
allegations that could land them in jail the rest of their lifetimes stemming 
from the shooting that left 16-year-old Luis Arenas dead Friday night.

Jesus Navarro, 18, and Jesus Aguilera and Gilberto Velasquez, both 17, are 
accused of murder, attempted murder and firing a gun in connection with the 
shooting. The special allegations include street terrorism and firing a gun 
with intent of causing bodily injury.

On Tuesday afternoon, the teens made their first court appearance at the 
Pre-Trial Facility. Because no bail was set, they will remain in custody.

Despite being minors, Aguilera and Velasquez will face charges in adult court. 
Aguilera turns 18 in December, while Velasquez comes of age next year.

The 3 teens are due back at Tulare County Superior Court for a preliminary 
hearing conference on Aug. 24.

If convicted as charged, Navarro may be sentenced to life without parole or the 
death penalty, while the teens could receive a lifetime sentence or life 
without parole, according to the Tulare County District Attorney's Office.

During the Tuesday court appearance, the defendant only responded after being 
named and remained standing feet apart in the court room. They were then 
escorted back out of the room.

According to police, officers responded to the area of Oakland Avenue and I 
Street for reports a shooting victim in the area. Officers located Arenas, who 
was transferred to a local hospital where he died.

Police said the shooting occurred at a different location where Arenas was 
found. On Monday, police wouldn???t say where the shooting occurred.

According to the felony complaint filed, three were two other shooting victims, 
leading to the attempted murder charges. On Monday, Tulare Police Sgt. Andrew 
Garcia said he had no information there were additional victims. On Saturday, a 
neighborhood resident said there at least 2 other persons with Arenas.

Tulare County District Attorney Office Public Information Officer Stuart 
Anderson said he couldn???t provide additional information about the shooting.

Police said the motive for the shooting was street gang activity.

Recalling Arenas

Arenas' fatal shooting is the 6th homicide in Tulare this year.

Rebeca Holguin, whose children were friends with Arenas, said she remembers the 
teen coming over to her Tulare home to play video games.

"He was always at my house," he said. "He would dance and act silly and my 
daughter would take videos."

Holguin said Arenas as a teen with manners beyond his years.

"He was a good, respectful kid," she said. "He was a great kid. He didn't 
deserve to go so soon."

Holguin also said Arenas was planning to return to high school and start 
attending Tulare Union. "He was a great kid," she said. "He was turning on the 
right track."

On Saturday night, there was a candle lighting event on the north end of an 
alley that dead ends at Centennial Park, a block away from where Arenas was 
located.

Holguin said the event drew Arenas' family members and friends.

"It was hard," she said. "But I was there for my kids."

(source: Visalia Times-Delta)






USA:

Feds could seek rare death penalty in case against St. Louis man


Federal prosecutors could seek the death penalty for a St. Louis man convicted 
of murder 20 years ago who is now accused of 2 new murders.

Dwane Taylor, 36, was indicted July 16 on charges of possession with intent to 
distribute heroin and 2 charges of discharging a firearm in furtherance of a 
drug trafficking crime. The indictment says that Taylor shot Erin Davis on or 
about Dec. 16 and Juanita Davis on Jan. 16 "with malice aforethought."

Police at the time of Erin Davis's murder said that they believe she was shot 
in the head and the neck sometime after 8 p.m. Dec. 15 in an apartment in the 
300 block of Walsh Street in the city's Mount Pleasant neighborhood.

Police said that they'd responded to a call of shots fired in the 4400 block of 
Pennsylvania Avenue on Jan. 16 and found Juanita Davis' body in the street with 
multiple gunshot wounds. Witnesses said that they'd heard 2 people arguing 
before the gunshots.

Davis, 37, lived in the 4300 block of Virginia Avenue.

Federal prosecutors did not immediately return calls seeking comment.

Court documents say that Taylor was convicted of murder in 1995 and released 
from prison in May of 2014. He was on parole at the time of the alleged crimes.

Taylor reported no assets, income or children to court staff and documents say 
he has "never worked."

In a July 29 detention hearing Taylor lawyer Larry Hale said that Taylor had 
been trying to find work, but was not able due to his criminal history and the 
20 years he'd served in prison, according to a recording of the hearing.

At that same hearing, Assistant U.S. Attorney Tom Rea said that although 
prosecutors could seek the death penalty, that decision would be up to the U.S. 
attorney general in Washington.

Taylor, as Dewayne Taylor, was sentenced to life in prison in 1995 after 
pleading guilty to 2nd-degree murder and armed criminal action in St. Louis 
Circuit Court. He was 15 at the time of the murder.

Taylor was among a Bloods-affiliated gang calling themselves the "boys of 
Destruction" who got into a fight with another group on April 6, 1994, 
then-prosecutor Nels Moss said at Taylor's sentencing hearing, according to a 
transcript. Taylor left the fight, got a shotgun and fired at one person, Moss 
said. But he missed, instead fatally shooting Latrina Fields in the heart and 
wounding another person, Moss said.

Hale said Wednesday that Taylor had pleaded not guilty. "Certainly at this 
juncture, I don't anticipate anything but (Taylor's) ability to demonstrate his 
innocence at trial."

Hale said that the federal death penalty is rare.

The last to receive a federal death sentence in the eastern half of Missouri 
was Robert Bolden, according to the Death Penalty Information Center. In 2006, 
Bolden was sentenced for killing bank guard Nathan Ley during a 2002 robbery.

(source: St. Louis Post-Dispatch)