[Deathpenalty] death penalty news----FLA., OHIO, IND., OKLA., NEB.

[Rick Halperin]

July 2



FLORIDA:

'Big Tony' Guilty in 2001 Slaying of Fla. Businessman----The reputed mobster is 
convicted of 1st-degree murder


Reputed mobster Anthony "Big Tony" Moscatiello was convicted of 1st-degree 
murder Wednesday in the 2001 slaying of a prominent South Florida businessman 
during an acrimonious power struggle over a lucrative fleet of gambling ships.

The jury also found Moscatiello, 77, guilty of murder conspiracy in the 
shooting death of Konstantinos "Gus" Boulis, founder of SunCruz Casinos and, 
earlier, the Miami Subs restaurant chain. Evidence showed Boulis was killed by 
a mob hit man, and Moscatiello was accused of ordering the slaying.

He faces the death penalty or life in prison. Circuit Judge Ilona Holmes set a 
sentencing phase hearing to begin Sept. 16, after which jurors will make a 
punishment recommendation. Holmes has the final decision.

Moscatiello's wife, Marion, fainted after the verdict was read after yelling 
out that someone else was responsible for the Boulis murder. She was treated by 
paramedics and taken to a hospital.

A mistrial was declared for Moscatiello in 2013 because his attorney became 
ill. Anthony "Little Tony" Ferrari, who handled South Florida matters for 
Moscatiello, was convicted in that trial and sentenced to life in prison.

Assistant State Attorney Brian Cavanagh said the verdict in the Moscatiello 
case, which is the oldest pending prosecution in Broward County, was evidence 
that justice can prevail even after many years.

"You can never bring a murder victim back, but you can see that justice is 
done," Cavanagh said. "Justice has happened."

Prosecutors said Moscatiello was a member of New York's Gambino crime family 
when he issued the fateful order for a hit. Moscatiello did not testify in his 
own defense, but his lawyers insisted Ferrari and others were to blame for the 
Feb. 6, 2001, slaying.

At the time, Boulis, 51, was trying to retake control of SunCruz after selling 
it to businessman Adam Kidan and his partner, former Washington powerhouse 
lobbyist Jack Abramoff. Kidan paid Moscatiello and Ferrari thousands of dollars 
a month to handle security and other issues - including, prosecutors said, the 
use of Moscatiello's alleged mob ties for protection.

"The evidence all leads to Anthony Moscatiello," said Assistant State Attorney 
Gregg Rossman.

Key evidence included phone calls from Ferrari to Moscatiello, who was in New 
York, shortly after Boulis was fatally shot by a gunman who pulled up next to 
his car as he left his office. Other organized crime figures and a former 
Ferrari associate testified that Moscatiello approached them initially about 
getting rid of Boulis before hiring hit man John "J.J." Gurino to do the deed.

Gurino was slain in an unrelated 2003 dispute with a Boca Raton delicatessen 
owner.

Moscatiello attorney Kenneth Malnik told jurors the evidence pointed more 
toward Kidan, who had several clashes with Boulis, and Ferrari employee James 
"Pudgy" Fiorillo, who admitted to conducting surveillance of Boulis and 
disposing of the murder weapon in Miami's Biscayne Bay.

After the verdict Wednesday, Malnik said he and the Moscatiello family would 
now focus on persuading jurors and Holmes to spare his life at the September 
sentencing hearing. The only other option is life behind bars.

"This man has led a much different life than what has been portrayed," Malnik 
said. "I'd be lying if I said we weren't disappointed right now."

Kidan, who previously ran the Dial-A-Mattress chain, has never been charged in 
the Boulis case and testified in both trials. Fiorillo pleaded guilty to murder 
conspiracy and will likely be sentenced to the 6-plus years he already served 
in exchange for his testimony. He has denied being the shooter.

Kidan and Abramoff both did federal prison time after pleading guilty to fraud 
in the $147.5 million purchase of SunCruz from Boulis. Abramoff, who did not 
testify and was not implicated in the Boulis case, was the main figure in a 
separate Washington influence-peddling case that resulted in charges against 21 
people on corruption charges.

(source: The Ledger)

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

Should Florida restart executions now that lethal injections are legal? ---- 
Most responders agreed that the death penalty should be restarted in Florida.


As part of Community Conversations, we're sharing your answers to this 
question: Should Florida restart executions now that lethal injections are 
legal?

We asked the following question to readers on social media and the Public 
Insight Network recently: Should Florida restart executions now that lethal 
injections are legal? Thanks for all of your responses. Below is a sampling of 
your comments, some of which were edited for length and clarity. Learn more 
about the Public Insight Network and comment on previous discussions at 
MiamiHerald.com/community and select Community Conversations.

"No, we should never allow this to happen in our state. Never. I don't care how 
bad the crime is. People that kill someone else usually do it in a time of 
insanity, temporary or otherwise. We are in our right minds when making a 
decision about life and death for that person's future and we should never 
choose to end someone's life, doubling the wrong. I would feel the same even if 
this happened to someone in my family or close friend."--Teresa Becerra, 
Coconut Grove

"South Florida needs to stop playing God. No one is entitled to that privilege. 
I believe that there are other ways to punish criminals."--Mariamee Rodriguez, 
Miami

"It has long been proven the death penalty is not a deterrent to crime and, in 
fact, it seems to me that living in a maximum security prison is a far harsher 
sentence than the death penalty. The advantage of reinstating executions is 
society does not have to spend money keeping a convicted murderer alive. The 
disadvantage is that, with the advent of DNA, rarely a week goes by that a 
killer who had been on death row is found to be innocent."--Susan Sussman, 
Aventura

"No, the death penalty should not be legal. Too many innocent people have been 
killed by State of Florida."--Delawrence Blue, North Miami

"The Supreme Court of Florida should ban executions in the U.S. Too many 
victims have been found posthumously to be not guilty. Some states will not 
even review corroborated evidence rather than admit that their courts rushed to 
judgment."--Ted Weinreich, Miami Beach

"The 'Innocence Project' has reversed a frightening number of death penalty 
convictions so one must assume that an equally frightening number of executions 
were unjust. If there has to be a death penalty then it must be reserved for 
heinous crimes with a conviction standard so high that it eliminates the 
possibility of false convictions. If the morality of taking a life unjustly is 
not enough, then consider the cost of a death penalty case over the cost of 
life in prison."--William Masterson, Redlands

"No, Florida should not restart executions. The death penalty is bad public 
policy. It is a great expense to the State even in comparison to life 
imprisonment. Experience shows that it cannot be applied equitably across all 
genders, races and classes. Persons have been condemned and later found to be 
innocent at an alarming rate."--Daniel Thomas, Coral Gables

"I found the decision by the Supreme Court to be incomprehensible. The 
chemicals used are improvised for this purpose and no licensed physician will 
get involved in this procedure for obvious reasons. I think this method of 
execution is no less reprehensible and perhaps even more excruciating to the 
subject than the old gas chamber was. Why not just administer cyanide and be 
done with it? Capital punishment is barbaric and unworthy of our country's 
principles and certainly not a deterrent to crime as we see almost daily in the 
media."--David Burkart, Miami

"No, death penalty is more expensive to the state! Also there is a commandment 
that thou shalt not kill!"--Gordon Ettie, Miami

(source: Miami Hherald)






OHIO:

Executing vigilance ---- Given the experience of this state and others, Ohio 
should not use the drug midazolam for lethal injections


In a ruling this week that could help determine how Ohio executes prisoners, 
U.S. Supreme Court justices, on a 5-4 vote, upheld the use of a controversial 
and risky lethal-injection drug.

Ohio used the drug, midazolam, in a botched execution in 2014, in which 
53-year-old Dennis McGuire, convulsing and gasping, took more than 25 minutes 
to die. 7 months later, an anesthesiologist testified in a civil rights lawsuit 
filed by McGuire's children that McGuire experienced "true pain and suffering."

Given botched executions with midazolam in Ohio and other states, including 
Oklahoma and Arizona, the Ohio Department of Rehabilitation and Correction 
should not resume using it for executions. Despite the Supreme Court's narrow 
decision, this unreliable drug would continue to expose the state to undue 
liability and constitutional risks.

Ohio needs to find more reliable, effective, and humane drugs for lethal 
injections. And it needs to develop this new protocol far more transparently.

Last year, Ohio enacted a dangerous and shortsighted law that at least 
temporarily shields the identities of companies that supply execution drugs. 
That makes it far more difficult for the public to understand and influence how 
the state carries out its death penalty law.

To avoid constitutional challenges or federal intervention, those who support 
Ohio's death penalty must remain vigilant and aware. A lack of national 
standards for how executions should proceed in the 32 states that have the 
death penalty, along with a nationwide shortage of lethal drugs, makes such 
diligence even more urgent. During the debate on midazolam, two Supreme Court 
justices, Stephen Breyer and Ruth Bader Ginsburg, suggested they are ready to 
ban the death penalty altogether.

Shielding the manufacturer of execution drugs from public scrutiny, at a time 
of enormous nationwide controversy over how states conduct executions, 
undermines democracy and makes future problems with Ohio's death penalty law 
more likely. Moreover, excluding from public record - and thus mandatory 
disclosure - information and records about compounding pharmacies that 
manufacture the state's lethal-injection drug violates Ohio's open records law.

These defaults keep citizens from holding their government accountable as the 
state seeks to carry out executions in a proper and constitutional manner. The 
law also makes it more difficult for courts to monitor executions.

Aside from the law, the state corrections department has been too reluctant to 
share routine information about what lethal-injection drugs the state is 
considering and why. Department leaders need to be reminded that taxpayers are 
picking up the tab for the $1.5 billion a year DRC spends.

Given the climate of secrecy in Ohio, it's unclear whether the high court's 
ruling will make it more likely that the state will use midazolam again. 
"Midazolam is not currently part of Ohio's protocol, and I will not speculate 
on what drugs will be used in the future," DRC spokesman JoEllen Smith said 
this week.

Midazolam should not be an option for Ohio. The state has time to find a more 
efficient, reliable, and humane way of conducting executions.

The Blade's long-standing support for the death penalty compels us to urge Gov. 
John Kasich to ensure that executions in Ohio continue to meet the standards of 
the U.S. Constitution and a civilized society.

(source: Editorial, Toledo Blade)






INDIANA:

Indiana law that goes into effect today----Beheading can trigger death penalty


If a murderer decapitates his or her victim while the victim is still alive, 
that person may face the death penalty.

Indiana law already provided for life in prison without parole or the death 
penalty for those who burned, tortured or mutilated their victim before killing 
them, Sen. Brent Steele said. Dismemberment after killing also could trigger 
the death penalty.

But decapitation wasn't considered mutilation or dismemberment after death 
under Indiana law.

Senate Bill 8, sponsored by Steele, added decapitation to the list of crimes 
eligible for the death penalty.

(source: Indianapolis Star)


OKLAHOMA:

Death Row Inmate Richard Glossip Maintains Innocence As Execution Looms


A U.S. Supreme Court decision means Oklahoma will soon start executing death 
row inmates again. The next prisoner scheduled to die is Richard Glossip.

Glossip was 1 day away from being executed when the Supreme court issued a stay 
to consider the constitutionality of a drug the state uses for lethal 
injection.

Tuesday, Glossip said he is disappointed in the decision but hasn't given up 
hope.

Sitting on death row, the countdown back on to his execution. Richard Glossip 
remains adamant in his innocence.

"There's a chance I'm going to be executed for something I didn't do and I want 
people to know that," he said.

He spoke to News 9 from the home of his niece who has stood by his side for the 
past 18 years.

"We are going to fight all the way until the end and then some," said BJ 
Boyiddle.

Glossip was convicted of hiring Justin Sneed to kill his boss Barry Van Treese 
in 1997. There was no physical evidence linking Glossip to the crime.

The prosecution's case hinged on testimony from Sneed. Sneed accepted a plea 
deal in exchange. Glossip is still hoping Sneed will come forward and say he 
lied.

Sneed's daughter already wrote this letter to the state clemency board saying 
her father has been talking about recanting his original testimony.

"She wasn't about to let an innocent man die for something her dad did," 
Glossip said.

Glossip is also sending out a plea to Governor Mary Fallin to sit down with his 
attorneys and listen one last time to his case.

"If she decided what we're seeing doesn't change (anything) then leave it at 
that, but at least make the effort and sit down with these attorney," he said.

Glossip's attorneys say they are looking at all options. As Glossip is asking 
Oklahomans to stand up on his behalf.

"I just don't know how you go from doing everything right in your life to 
fighting for your life," he said.

A spokesperson for the Governor says the Governor Fallin cannot grant clemency 
she can only issue a 60 day stay.

Supporters of Richard Glossip have started an on-line petition. Right now it 
has about 40,000 signatures.

(source: news9.com)


NEBRASKA:

Governor defends donation to death penalty group----Says donation to get issue 
to public vote is appropriate


Governor Pete Ricketts is defending a donation made to the petition drive 
campaign to place the death penalty on the 2016 ballot.

Ricketts and his father, TD Ameritrade founder Joe Ricketts, contributed 
$100,000 each to Nebraskans for the Death Penalty in its most recent filing 
period. The group raised a total of nearly $244,000 in that timeframe.

Ricketts said today he feels strongly that voters should be allowed to decide 
whether to keep capital punishment in the state, and in that light the donation 
is appropriate.

The governor says he may contribute more in the future.

(source: KOTA TV news)

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

Chambers criticizes Ricketts for donating $100,000 to death penalty effort


Gov. Pete Ricketts came under fire by State Sen. Ernie Chambers on Wednesday 
for donating $100,000 to an effort to restore Nebraska's death penalty.

Chambers, the state's leading opponent of capital punishment, said it was 
inappropriate for the Republican governor to fund the effort after failing to 
convince the Nebraska Legislature to retain capital punishment.

"He thinks that his money is going to purchase what he can't get done with his 
political savvy," said Chambers, an independent.

Ricketts said Wednesday that there was nothing wrong with his funding of the 
initiative.

"I don't think there's anything inappropriate about allowing Nebraskans to be 
able to vote on this," Ricketts said at a press conference called to discuss a 
different topic. "I think the Legislature was out of touch with how the vast 
majority of Nebraskans feel about this issue."

Ricketts donated $100,000 to Nebraskans for the Death Penalty, a group formed 
last month to place a referendum on the 2016 ballot to overturn the 
Legislature's repeal - over the governor's veto - of capital punishment.

Between Ricketts and his father, Joe, the founder of TD Ameritrade, the 2 have 
given $200,000 of the $243,866 in funds raised by the group through Friday.

The group seeking to place the issue on the ballot, and the one seeking to 
prevent that, both filed their first financial reports with the Nebraska 
Accountability and Disclosure Commission.

Nebraskans for the Death Penalty, which disclosed some preliminary figures last 
week, reported spending $217,538 through Friday. Most of the group's spending, 
about $191,000, was to an Arizona campaign consultant, Lincoln Strategy Group, 
for consulting services, paid circulators and travel expenses.

Besides the $200,000 given by Pete and Joe Ricketts, the largest contributors 
were Omaha businessman Mike Cassling, $25,000, and the Omaha police union, 
$10,000. Cassling is also the board chairman of an effort to locate a 
multi-sports complex in La Vista, a project supported by Ricketts.

The pro-death penalty group also received an in-kind contribution of $15,878 
for office space in Omaha from the Miracle Hills VII Limited Partnership.

The anti-death penalty coalition, Nebraskans for Public Safety, reported 
raising $400,000 in cash in one donation from the Proteus Action League, an 
Amherst, Massachusetts, social justice organization. That group is an affiliate 
of the Proteus Fund, an organization that has received funds from George Soros, 
a billionaire who finances several liberal causes.

The only other contribution listed by Nebraskans for Public Safety was $5,979 
for in-kind donations of office space, staff time and legal research by the 
ACLU of Nebraska, which opposes capital punishment.

The largest expenditure reported by Nebraskans for Public Safety was $100,000 
to Fieldworks, a Washington, D.C., campaign consultant that ran last year's 
successful effort to place an issue on the 2014 ballot to increase the state's 
minimum wage.

Ricketts, during his press conference, said he may contribute more to the 
referendum drive, which has already begun collecting signatures on street 
corners across the state.

Nebraskans for the Death Penalty must collect about 57,500 signatures of 
registered voters to place a referendum on the November 2016 general election 
ballot. If it can collect at least 115,000 signatures, the repeal of the death 
penalty would be put on hold until voters decide the issue.

While it is not unusual for a governor to state support or opposition to an 
initiative petition drive or referendum, it is uncommon for a Nebraska governor 
to also contribute money to the cause.

Nothing in state statutes prevents a governor from making such contributions, 
said Frank Daley, of the accountability commission.

Chambers, however, said that Ricketts, a wealthy Omaha businessman, is using 
his money to "buy influence," comparing the donations by the governor and his 
father to those of the Koch brothers, a pair of billionaires who back 
conservative causes and candidates.

"(The governor) thinks he should have his own way and when he doesn't get it, 
he gets petulant and throws a temper tantrum," Chambers said.

Chris Peterson, a spokesman for Nebraskans for the Death Penalty, said the 
group was grateful for the governor's support.

(source: omaha.com)