[Deathpenalty] death penalty news----TEXAS, DEL., N.C., ALA., OHIO, TENN., MISS.

[Rick Halperin]

Aug. 28



TEXAS:

Scheduled Execution Date Withdrawn for Joe Franco Garza


The scheduled execution date for Joe Franco Garza has been withdrawn.

Garza was scheduled for execution on September 2. He was found guilty of the 
1998 murder of Silbiano Rangel and sentenced to death.

There is an agreed order that said his execution would be stayed while more DNA 
testing is completed.

The Lubbock County Criminal District Attorney's Office and Garza's attorneys 
both agreed to this, according to court records.

The agreed order states that a number of pieces of evidence, including 
clothing, fingernails, and hair among others, be tested.

"It's not an admission by the DA's office that he's entitled to relief," David 
Guinn, a Lubbock criminal defense attorney, said. "It's a good thing for the 
court to do. As a matter of fact, it takes a smart judge with a lot of courage 
to stop an execution date, but in light of recent scientific revelations and 
material, why not be safe? Why not make sure?"

Guinn added, "If he's a bad guy he's not going anywhere, and if we get it 
wrong, well, thank goodness for justice."

"Several pieces of physical evidence are going to be evaluated by the lab. Both 
parties agreed to that as set forth in the order, and that the results of that 
testing will come back to Mr. Garza's attorneys, and the State of Texas," Guinn 
said. "And when they get that back, they'll look at it and decide what to do 
next."

(source: everythingnlubbokc.com)

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

Executions under Greg Abbott, Jan. 21, 2015-present----10

Executions in Texas: Dec. 7, 1982----present-----528

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

11---------September 29-------------Perry Williams--------529

12---------October 6----------------Juan Garcia-----------530

13---------October 14---------------Licho Escamilla-------531

14---------October 28---------------Christopher Wilkins---532

15---------November 3---------------Julius Murphy---------533

16---------November 18--------------Raphael Holiday-------534

17---------January 20 (2016)-----Richard Masterson--------535

18---------January 27---------------James Freeman---------536

19---------February 16--------------Gustavo Garcia--------537

(sources: TDCJ & Rick Halperin)

***********

Texan Sentenced to Death Largely Because of His Race Denied a New Sentencing 
Hearing


A Federal Appeals Court has rejected the appeal of an east Texas man who was 
sentenced to death largely because a psychologist testified at the punishment 
phase of his trial that he is 'more likely to commit more crimes because he's 
African American,' News Radio 1200 WOAI reports.

The Fifth Court of Appeals ordered a new execution date set for Duane Buck, who 
has been in prison since the late 1990s after he murdered his ex girlfriend and 
a man at her Houston apartment in 1995.

Christina Swarns, the lead attorney in Buck's appeal, said, especially with the 
current emphasis on the alleged unfairness of the criminal justice system to 
African American defendants, now more than ever the courts must be free of the 
taint of racial prejudice.

"This decision can only deepen the growing skepticism of the fairness of the 
criminal justice system," Swarns told News Radio 1200 WOAI. "No competent 
capital defense attorney would invite the sentencing jury to make a life or 
death decision based on racial fears and stereotypes, and no court should 
enforce a judgment in which race was explicitly proffered as the basis for a 
death sentence."

Swarns says she will ask the Fifth Court of Appeals to reconsider, and if no 
relief is granted, she will take the issue to the U.S. Supreme Court.

The main argument in Buck's defense is that his defense lawyers were negligent 
in allowing the testimony of the psychologist without objection. The jury later 
said it relied largely on that testimony to issue its death sentence. Whether 
an offender will commit another crime is a key guideline in determining whether 
that offender is eligible for execution.

In fact, Republican Senator John Cornyn, when he was Attorney General in 2000, 
identified six cases where a link was made between race and future 
dangerousness, and each of the other five received new sentencing hearings.

The attorneys for Buck aren't arguing that he is innocent, should be released, 
or even that he get a new trial. They want a court to order Buck to receive a 
new sentencing hearing, free of the taint of racial animosity.

(source: woai.com)






DELAWARE:

Delaware Supreme Court to hear death penalty case


The Delaware Supreme Court will hear oral arguments in October on a case that 
could deal a hefty blow to the state's death penalty law.

Jermaine Wright was convicted of murder in 1991, with state prosecutors relying 
on a heroin-fueled confession to convict him.

In his 71-page opinion, Superior Court Judge John Parkins Jr. ruled that police 
had also not sufficiently given Wright his Miranda rights, thereby nullifying 
his confession.

He was immediately released from a prison near Smyrna after the decision was 
handed down in February.

Death penalty repeal advocates have held this case up as an example of why 
capital punishment should be eliminated, while those defending the death 
penalty say it shows that the system works -- that appeals can ferret out the 
wronged.

Those repeal efforts have stalled in a House committee for a second straight 
General Assembly this year, with House Speaker Pete Schwartzkopf opposing 
anyone trying to bring it to the floor. Supporters say overturning the case 
could give it the edge needed to call for a full vote.

Oral arguments for Wright's case are scheduled for Oct. 28 in Dover.

(source: WDDE news)






NORTH CAROLINA:

Judge removes death penalty for 1 defendant in Thomasville triple homicide


Judge Christopher W. Bragg made the ruling Thursday morning. In his decision, 
Bragg determined state prosecutors failed to give the defense information 
regarding a $750,000 to $100,000 bond reduction for David T. Ward, a 
co-defendant who has been charged with 3 counts of accessory after the fact to 
murder.

Carl Kennedy, Leigh Williams, 43, and David Manning, 45, are facing murder 
charges in the shooting deaths of Sharon F. Rushing, 61, Angela Dawn Soles, 43, 
and Gary Lynn Seward, 52, all of 101 Rotary Lane, Thomasville. Manning and 
Williams are still facing the death penalty, pending a possible decision from 
the Davidson County District Attorney's Office. Kennedy's case is being tried 
1st.

Judge places blame on state in trial's delay

After 20 weeks of jury selection, the trial is in its 3rd week of testimony. As 
Bragg made his decision, Kennedy's sister, Vesta, broke into tears and was 
comforted by her aunt. Kennedy also was emotional as he looked back at his aunt 
and sister.

"I told you that my faith had been diminished," Bragg said to prosecutors as he 
made his ruling. " ... I am taking the death penalty off the table."

SBI agents continue testimony in capital trial

Family members of the victims declined to comment on Bragg's decision.

Co-defendant's testimony in murder trial concludes

Leigh Williams ended her testimony in Davidson County Superior Court against 
45-year-old Carl Kennedy.

The hearing Thursday morning took over an hour for Bragg to make his decision. 
Prior to his decision ruling Kennedy's case noncapital, Bragg has said during 
the trial that his confidence in the state has been "eroded." Defense attorneys 
have suggested prosecutors have not given them their entire discovery 
materials, and Bragg urged Davidson County assistant district attorneys Alan 
Martin and Greg Brown to use a break from testimony Monday to find any 
information that needed to be turned over.

Also, prior to Bragg's decision, state prosecutors gave a passionate argument 
on why Bragg shouldn't have imposed the sanction. However, Kennedy's attorney, 
Robert Campbell, petitioned Bragg to either dismiss the case or deem it 
noncapital.

(source: Greensboro News & Record)

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

Judge removes death penalty in Kennedy case


The presiding judge in a triple-murder case has ruled 45-year-old Carl Kennedy 
will not face the death penalty for the deaths of three Thomasville residents 
in November 2011.

Judge Christopher W. Bragg made the ruling Thursday morning. In his decision, 
Bragg determined state prosecutors failed to give the defense information 
regarding a $750,000 to $100,000 bond reduction for David T. Ward, a 
co-defendant who has been charged with 3 counts of accessory after the fact to 
murder.

Kennedy, Leigh Williams, 43, and David Manning, 45, are facing murder charges 
in the shooting deaths of Sharon F. Rushing, 61, Angela Dawn Soles, 43, and 
Gary Lynn Seward, 52, all of 101 Rotary Lane, Thomasville. Manning and Williams 
are still facing the death penalty, pending a possible decision from the 
Davidson County District Attorney???s Office. Kennedy's case is being tried 
1st.

After 20 weeks of jury selection, the trial is in its 3rd week of testimony. As 
Bragg made his decision, Kennedy's sister, Vesta, broke into tears and was 
comforted by her aunt. Kennedy also was emotional as he looked back at his aunt 
and sister, who declined to comment on the judge's decision.

"I told you that my faith had been diminished," Bragg said to prosecutors as he 
made his ruling. " ... I am taking the death penalty off the table."

Family members of the victims declined to comment on Bragg's decision.

The hearing Thursday morning took over an hour for Bragg to make his decision. 
Prior to his decision ruling Kennedy's case noncapital, Bragg has said during 
the trial that his confidence in the state has been "eroded." Defense attorneys 
have suggested prosecutors have not given them their entire discovery 
materials, and Bragg urged Davidson County assistant district attorneys Alan 
Martin and Greg Brown to use a break from testimony Monday to find any 
information that needed to be turned over.

Also, prior to Bragg's decision, state prosecutors gave a passionate argument 
on why Bragg shouldn't have imposed the sanction. However, Kennedy's attorney, 
Robert Campbell, petitioned Bragg to either dismiss the case or deem it 
noncapital. Davidson County District Attorney Garry Frank said he couldn't 
comment on the Kennedy case or the cases of Kennedy's co-defendant.

While Bragg ruled no death penalty for Kennedy, the trial continued as Ward 
testified Thursday. He was accused of storing the weapons used to kill the 3 
people.

Ward testified he attended West Virginia University for medical school and his 
undergraduate degree. He previously was a doctor in the U.S. Army and has been 
licensed to practice medicine in West Virginia, Tennessee and North Carolina.

Ward said he began struggling with a drug addiction in 1997 when his mother 
died. His medical license was revoked that same year. He was enrolled in a 
recovery center for addiction in Atlanta but left that program against medical 
advice.

Ward, who previously was an orthopedic doctor in pediatrics, reestablished his 
medical license in 2002 under a restricted format. He returned to practicing 
medicine as the director of sports medicine for an urgent care system in North 
Carolina.

But in 2009 as he was continued to be monitored by a medical board, Ward was 
asked to do a drug screening. "I knew I would fail, and I decided to retire my 
medical license," he recalled.

Four years before retiring his license, Ward met Kennedy when he came to Ward's 
High Point residence for the purpose of selling meats for Omega Meats. Ward 
said he came back into contact with Kennedy again when he returned to the 
neighborhood selling meats.

At that time, Ward learned Kennedy had been bit by a pit bull and needed 
medical attention. The doctor asked if Kennedy had been seen by a physician, 
but Kennedy replied he didn't have insurance or money. Ward invited Kennedy to 
his doctor's office, so he could do an X-ray and provided the other medical 
care needed. The doctor took care of Kennedy with no charge at the time of the 
visit.

Ward and Kennedy's friendship progressed. Ward testified he and Kennedy would 
drink alcohol together. He also explained he would give Kennedy money for 
pills, and Kennedy would get them for him.

Then came about 4:30 a.m. Nov. 7, 2011, when Kennedy contacted Ward by 
telephone, saying that he wanted to stop by Ward's home, Ward testified. Ward 
inquired why he needed to stop by, and Kennedy said he "just needed" to make 
the visit. According to Ward, Kennedy seemed anxious and told him to open the 
garage door. Ward testified that Kennedy also was quick to ask him to close the 
garage door.

Ward testified Kennedy wanted him to keep a shotgun and get rid of a pistol 
that was in a brown bag. But instead Ward kept both weapons.

Ward said he first thought Kennedy's comments about his involvement in the 
killings overnight Nov. 6, 2011, were a hoax. But 5 days later, he heard of the 
3 deaths and realized there could be truth to Kennedy's previous remarks. Ward 
said he loaded the shotgun that Kennedy left and placed it beside his bed 
because he was concerned for his safety after seeing the news.

Ward was the 2nd co-defendant to testify in the trial. He and Williams have 
each said they have been given no promises for their testimony against Kennedy.

The trial continues Friday.

(source: The Dispatch)






ALABAMA:

Woman charged in St. Clair Lane fire ask if death penalty will be sought


A preliminary hearing has been set for the woman charged in the deaths of 4 
people and an unborn child on St. Clair Lane in Madison County on Aug. 4.

On Wednesday, a preliminary hearing was set for Oct. 22, in Judge Claude E. 
Hundley III's Madison County courtroom.

On Thursday, Rhonda Jean Carlson filed a motion asking if the death penalty 
will be sought by the prosecution in her case.

Carlson is charged with 6 counts of capital murder, including:

--Capital Murder, for a murder committed during an arson, with the victim being 
Eli Sokolowski

--Capital Murder during a Burglary in the 1st or 2nd degree, with the victim 
being Jean Smallwood.

--Capital Murder where 2 or more people are murdered by the defendant, with the 
victims being: Jean Smallwood, Kristin Henderson (unborn infant), Clayton 
Chambers, and Eli Sokolowski.

--Capital Murder for a victim that is less than 14 years of age, with the 
victim being Clayton Chambers.

--Capital Murder for a victim that is less than 14 years of age, with the 
victim being Eli Sokolowski.

--Capital Murder for a victim that is less than 14 years of age, with the 
victim being the unborn infant of Kristen Henderson.

She and her husband, Christopher Henderson, are being held in the Madison 
County jail on no bond. Henderson is charged with 7 counts of capital murder.

(source: WAFF news)






OHIO:

Man accused of quadruple homicide could face death penalty if convicted


Robert L. Adams Jr. could face the death penalty if he is convicted of killing 
4 people in the basement of a South Linden house on June 13.

A Franklin County grand jury indicted Adams on 29 counts relating to the deaths 
and the attempted murder of a 5th victim.

Adams is accused of killing Tyajah Nelson, 18; Daniel Sharp, 26; Angela 
Harrison, 35; and Michael Ballour, 41. A 5th victim, a teenage girl, survived 
the shooting and identified Adams and an accomplice, according to court 
records.

The shootings occurred in Ballour's house in the 1600 block of E. Hudson 
Street. Nelson was his daughter.

Police said Adams was the shooter but was assisted by Jordyn D. Wade, 16. Wade 
is charged with 4 delinquency counts of murder, 1 delinquency count of 
attempted murder and 5 delinquency counts of kidnapping.

He is being held in the Franklin County Juvenile Detention Center awaiting a 
hearing in Juvenile Court to determine whether his case will be transferred to 
adult court.

Wade is accused of holding the victims at gunpoint to keep them in the 
basement, where they were shot by Adams, police said. Investigators said the 
victims were robbed, and the killings were drug-related, although officials 
have not elaborated.

Adams was arrested near Starkville, Miss., on Aug. 12. He will be arraigned on 
Monday in Franklin County Common Pleas Court.

(source: Columbus Dispatch)






TENNESSEE:

Lethal Injection Ruling in Tennessee Raises Concerns - US Advocacy Group


Considering lethal injection as an error proof method to execute inmates in the 
United States is a cause for concern, US advocacy group Campaign to End the 
Death Penalty National Director Lily Hughes told Sputnik on Thursday.

"It is disturbing to consider that lethal injection is the most error prone 
method adopted so far," Huges said.

On Wednesday, a Tennessee judge ruled that the state's injection process for 
executing inmates using pentobarbital does not violate the constitution's 
prohibition against cruel and unusual punishment because former inmates did not 
prove painful death.

Huges said, however, that although the drug has been labelled as a "sanitized 
clinical procedure," not enough research has been done on the effects of the 
individual drugs used in the process.

Lethal Injection

Tennessee Court Upholds Protocol Allowing Execution by Lethal Injection

Plaintiffs argued that state protocol did not explain how to perform 
executions, allowing for untrained people to inflict unnecessary pain and 
suffering on death row convicts.

Lethal injection executions will not be immediately resumed in the state, as 
they are currently on hold while appeals are prepared.

Until 2009, most states used a 3-drug combination for lethal injections. In 
September 2013, Tennessee announced plans to switch to a 1-drug protocol using 
pentobarbital.

In May 2014, Tennessee governor signed a bill to allow executions by electric 
chair if lethal injection drugs are not available.

Campaign to End the Death Penalty is a grassroots organization that aims at 
abolishing the death penalty.

(source: sputniknews.com)

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

Sedative Access Stirs Different Death Penalty Reactions in Tennessee, 
Mississippi


A Tennessee judge has upheld the state's lethal injection process for executing 
inmates. Davidson County Chancery Judge Claudia Bonnyman said from the bench 
that the plaintiffs, 33 death row inmates, didn't prove that the 1-drug method 
led to a painful and lingering death. She also said the plaintiffs didn't show 
during a lengthy trial that there have been problems in states where the method 
has been used.

Plaintiffs' attorney Kelley Henry said they plan to appeal. Attorney General 
Herbert Slatery said in a statement he hoped the families of victims would be 
comforted by the ruling.

Tennessee's protocol calls for the use of pentobarbital mixed to order by a 
pharmacist, because the only commercial producer of the drug has placed 
restrictions on its distribution to prevent it from being used in executions. 
Tennessee has not executed an inmate for more than 5 years because of legal 
challenges and problems in obtaining lethal injection drugs.

Lawmakers moved from a 3-drug lethal injection method to a 1-drug method and to 
reinstate the electric chair as a backup. Both changes brought challenges, and 
all previously scheduled executions have been put on hold.

(source: Associated Press)






MISSISSIPPI:

Supreme Court lets death row inmate's rape conviction stand


A Mississippi death row inmate has lost his appeal of a rape conviction that 
was later used to support a capital murder conviction in a separate case.

The Mississippi Supreme Court, in a 5-4 decision Thursday, denied arguments 
from Charles Ray Crawford that his attorney in the rape case provided faulty 
legal representation at his 1994 rape trial. The court also rejected Crawford's 
argument that his trial lawyer failed to challenge jury instructions and failed 
to object to inadmissible testimony and prejudicial prosecutorial comments.

Justice Josiah Dennis Coleman, one of four dissenting justices in the case, 
said there were enough errors by Crawford's trial attorney to justify a new 
trial in the case.

Justice Randy Pierce, writing for the majority, said Crawford's conflict with 
his attorney was not such that denied him a fair trial on the rape charge.

Crawford, now 49, is on death row for the 1992 slaying of Kristy Ray in the 
Chalybeate community in Tippah County. Crawford argued he received ineffective 
defense counsel to fight the rape charge, which was later used by prosecutors 
to seek the death penalty.

Prosecutors argued Crawford got a fair trial and there no errors by trial 
counsel.

Crawford's attorneys had hoped that overturning the rape conviction would get 
Crawford off death row where he now resides on the unrelated capital murder 
conviction.

Attorney General Jim Hood can now petition the Supreme Court to set an 
execution date.

In 1993, Crawford was out on bond awaiting trial on charges of aggravated 
assault and rape. 4 days before his trial, the 20-year-old Ray, a student at 
Northeast Mississippi Community College, was abducted from her parents' home.

After his family and attorney notified police that they feared Crawford was 
committing another crime, he was arrested. Crawford told authorities he did not 
remember the incident but later led them to Ray's body, buried in leaves in a 
wooded area.

(source: sunherald.com)

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

A federal judge said that he blocked executions in Mississippi because the 
sedatives the state plans to use don't align with what's required by 
Mississippi law. U.S. District Judge Henry T. Wingate, in an order issued 
Wednesday, wrote that without pre-judging the case, Mississippi doesn't plan to 
use a drug meeting the legal requirement to render a person unconscious almost 
immediately.

"The court finds that plaintiffs have shown a substantial likelihood in 
prevailing, at least, on their claim that Mississippi's failure to use a drug 
that qualifies as an 'ultra short-acting barbiturate or other similar drug' as 
required by (state law) violated Mississippi statutory law and the due process 
clause of the 14th Amendment of the U.S. Constitution."

Wingate issued the order verbally to lawyers Tuesday. He wrote that a more 
extensive ruling would follow, and told the state to seek his approval before 
trying to use any other drug. Attorney General Jim Hood immediately filed 
notice that the state would appeal to the 5th U.S. Circuit Court of Appeal, 
backed by Gov. Phil Bryant. "The state of Mississippi will exercise its full 
legal rights to ensure that crime victims and their families receive the 
justice they deserve and that perpetrators of heinous crimes do not go 
unpunished," Bryant said in a statement.

Mississippi law requires a 3-drug process, with the sedative followed by a 
paralyzing agent and a drug that stops an inmate's heart. Through late 2010, 
Mississippi and all other states used sodium thiopental as the barbiturate, 
according to records maintained by the Death Penalty Information Center. After 
a manufacturer stopped selling it for executions, Mississippi used a 
centrally-manufactured version of pentobarbital, called Nembutal, in 8 
executions in 2011 and 2012. But Nembutal's manufacturer also cut off use in 
executions.

Mississippi then bought pentobarbital mixed to order by a pharmacist. In legal 
papers, the state said it destroyed that supply and now intends to use another 
sedative, midazolam, after the U.S. Supreme Court approved the drug's use in 
Oklahoma.

(source: Associated Press)