[Deathpenalty] death penalty news----IND., MO., KAN., NEB.

[Rick Halperin]

July 3



INDIANA:

Death penalty's use dwindles in Indiana


Longtime public defender Paula Sites once devoted a significant part of her 
work to training lawyers to represent clients facing execution.

She offered sessions each year in her role as assistant executive director at 
Indiana Public Defender Council.

Now, she does offers the sessions every 2 years - the minimum required by the 
state. With so few death penalty cases, she said, there's no need to have them 
more often.

"We've been steadily stopping the use of the death penalty," she said.

Executions were back in the national news this week when the U.S. Supreme 
Court, ruling in an Oklahoma case, upheld the use of a controversial drug 
blamed for several botched executions.

It barely added to the din of news here in Indiana.

\ Sites thinks that's not just because Indiana uses a different combination of 
drugs to execute condemned prisoners. It's that the death penalty is fading 
from people's minds and memories.

\ The last execution by the state was in 2009. The last execution by the 
federal government at the U.S. Penitentiary in Terre Haute was 2003.

There's no scheduled execution for any of the 61 federal death-row inmates. Nor 
for the dozen men on death row at the Indiana State Prison in Michigan City, or 
for the sole woman under an Indiana death sentence who is incarcerated in an 
Ohio prison on a separate murder conviction.

20 people have been executed by Indiana since 1977, when the state restored the 
death penalty.

Almost triple that number - 57 people - received death-sentences that were 
later reduced or whose convictions were overturned.

There's still plenty of murder and mayhem in Indiana. The state has logged more 
than 4,700 homicides since 2001.

But fewer than 2-dozen capital cases went to trial. Several were filed last 
year, though Sites sees that as an anomaly given a 15-year trend that included 
years with no capital cases.

The state's death penalty "can rear its head from time to time," as long as 
it's on the books, she said.

"But it???s still really unusual for prosecutors to file a capital case," she 
said.

In the last legislative session, the General Assembly moved to make capital 
punishment more available to prosecutors. Lawmakers added 2 elements to a list 
of crimes eligible for the death penalty - lethal campus shootings and 
be-headings.

But that likely won't significantly reverse the trend, Sites said. Too many 
other factors are involved.

Cost is one of them.

The Legislative Services Agency - the General Assembly's nonpartisan research 
arm - calculates the average cost to taxpayers of a murder case resulting in a 
sentence of life without parole is $42,000.

A murder case with the death sentence costs more than 10 times as much - 
usually due to years of legal appeals before the penalty is carried out.

In a passionate dissent in last week's narrow Supreme Court ruling, Justice 
Steven Breyer said those long years of legal limbo undermine the deterrent 
effect of the death penalty.

He also took note of the 100-plus death row inmates who've been exonerated, 
along with arbitrary imposition of the death penalty from state to state.

Sites says Breyer may have provided an opening for more court challenges to 
capital punishment, as defenders like her argue that the collective defects of 
the death penalty amount to cruel and unusual punishment.

The Indiana Abolition Coalition, of which Sites is a member, doesn't talk about 
the method of execution because of the pain it inflicts.

"If anything, that whips up support for it," she said. "The response we usually 
get to that kind of argument is: For the crime they've committed, they couldn't 
possibly suffer enough. But when you talk about the high cost, and the innocent 
people who've been sentenced to death, that gives people pause."

(source: reporter.net)






MISSOURI----impending execution

Missouri Sets July 14 Execution Date-Contact Governor Nixon Asking for Clemency


Missouri has set an execution date of July 14 for David Zink. Mr. Zink was 
convicted for the abduction and murder of Amanda Morton whose car he had 
rear-ended near Stafford, Missouri in 2001. Zink defended himself at trial 
despite serious issues of mental health and competency.

Catholic teaching opposes the use of the death penalty because it disregards 
the sanctity and dignity of human life and continues the cycle of violence. 
Please contact Gov. Jay Nixon at 573-751-3222 or through email and urge him to 
show mercy to Mr. Zink. Let Gov. Nixon know that society can be protected from 
Mr. Zink by having him spend the rest of his life in prison.

(source: missouri Catholic Conference)

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

Lawyers ask for special master to consider innocence claim in death penalty 
case


Lawyers for Kimber Edwards, who was sentenced to death for the 2000 
murder-for-hire of his ex-wife, have asked the state Supreme Court to appoint a 
special master in the case to consider claims that he is innocent.

The request follows a claim by Orthell Wilson, who is serving life without 
parole, that he was solely responsible for the killing and did not do so at 
Edwards' behest.

In April, Wilson told a Post-Dispatch reporter in a telephone interview from 
Jefferson City Correctional Center that he lied when he told authorities that 
Edwards had hired him to kill Edwards' ex-wife, Kimberly Cantrell. Wilson said 
he couldn't remember exactly what he told authorities years ago, but said he 
thought he framed Edwards to help himself avoid the death penalty.

Edwards had been scheduled to be executed in May but the Missouri Supreme Court 
halted the execution to give his lawyers more time.

In a document filed with the Supreme Court, Edwards' lawyers Kent Gipson and 
Jeremy Weis argued that Wilson's newest claim proves he was a liar who changed 
stories. But "St. Louis County prosecutors took Wilson's 3rd statement as 
gospel and agreed to allow him to avoid a death sentence in exchange for his 
agreement to testify at petitioner's capital trial." They also said Edwards' 
confession could be false because he is autistic.

A representative for St. Louis County Prosecuting Attorney Robert P. McCulloch 
could not immediately be reached for comment.

(source: St. Louis Post-Dispatch)



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



Execution Alert: Help Save

David Zink

Execution Date: July 14, 2015



Missouri plans to execute David Zink on July 14 at 6 p.m. The state charged 
David Zink with first-degree murder for the death of Amanda Morton, whose car
he had rear-ended in July 2001 near Stafford, Missouri. Before his trial, David 
told the court that his trial counsel had a conflict of interest and
asked that the court appoint new conflict-free counsel. The court refused to 
appoint new counsel. Faced with the choice of highly conflicted counsel and
no counsel at all, David chose to do his best at representing himself at trial. 
He was convicted and sentenced to death. .

As a 3 year old boy, David contracted a very serious case of 
meningitis/encephalitis that resulted in his hospitalization. This disease 
caused
considerable brain damage that inhibits his ability to control his impulses and 
to make decisions particularly when forced to process multiple items of
information at once. This continued to affect him as he grew into adulthood and 
likely influenced both his commission of this offense and his ability to
function adequately as his own trial lawyer.

David endured physical and emotional abuse during his early life. He was sent 
to prison at age 21, and suffered sexual and psychological abuse there.
Despite his history, David has been a model inmate in prison since receiving 
his death sentence, with no significant conduct violations. He has expressed
remorse for his crime. He spends most of his time at the law library, where he 
assists others in understanding legal complexities. A psychologist who
evaluated him recently stated, “Mr. Zink is likely to continue functioning well 
in a highly structured environment. . . . The structured environment
decreases the need for Mr. Zink to employ his own behavioral inhibitions and 
mental organization, and decreases the need for complex problem-solving
under pressure.” The people who have known David best over the last ten years – 
the other prisoners with whom he has lived – have expressed overwhelming
support for him. One of them said, “Zink stands out among those inmates who 
have changed and want to improve themselves and help others.” David can
continue to make a positive contribution by incarceration without parole.

While the rest of the nation is moving away from the death penalty because of 
concerns about innocence, cost, cruelty and the impact on those with
serious mental health problems and intellectual disabilities, Missouri is 
continuing on pace for a record number of executions this year.



Actions Needed Immediately

  *

     Contact Governor Nixon to urge that he stay Mr. Zink’s execution. Call 
573-751-3222.

  *

     Contact Attorney General Chris Koster to urge that he ensure justice by 
facilitating the stay. Call 573-751-3321.





Please join us as we gather around the state to remember victims of violence 
and urge the state to not commit another act of violence in their names.
Missouri is planning vigils in cities across the state to raise awareness and 
call attention to the case of David Zink, who faces execution on Tuesday,
July 14. The vigils will take place on July 14, unless otherwise noted.



Bonne Terre:  A candlelight vigil will be held outside the prison where the 
execution takes place, 2727 Highway K. For more information email
stlouis at madpmo.org, or call Margaret at 314-322-5159.

Columbia:  5 pm to 6 pm, Boone County Courthouse, in front of the columns, 
corner of Walnut and 8th.  For more information contact 573-449-4585.

O-Fallon:  Monday, July 13, 7 p.m. Sisters of the Most Precious Blood in 
O'Fallon. Coordinator:  Sr. Ellen Orf:   email: elorf at cpps-ofallon.org phone:
636-293-8253

Instructions to the Chapel:  I-70 to O'Fallon K--M exit (Main St.). Turn right 
from the exit ramp and head north to railroad tracks; after crossing
tracks, you will see the O'Fallon City Hall complex, the former convent and 
junior college; go past the entrance to the next right and turn in there.

Jefferson City, Capitol vigil:  12 pm - 1pm. A respectful Vigil for Life 
outside of the Governor's office, Second Floor (Room 216) of the State Capitol
Building.

Jefferson City: Prayer service, 4:30 pm, in St. Peter's Chapel, Broadway St. 5- 
6 pm.  Vigil across from the Supreme Court Building at 207 West High
Street, 4:30-5:30. For more information contact 573-301-3529.

Joplin: Prayer begins at 5:30 pm. St. Peter the Apostle Church, Mass begins at 
6 p.m. followed by continued prayer.  Contact Fr J. Friedel for more
information, at 417-623-8643.

Kansas City: JC Nichols Fountain on the Plaza, 5-6 pm. For more info 
contact 816-206-8692.

Springfield: Park Central Square, 12 noon to 1 pm. For more information call 
Donna, 417-459-2960.

St. Joseph:  4pm at the intersection of Belt & Frederick. Contact Jean at 
816-671-9281 for more info.

St. Louis:  3 p.m. - 4 p.m.  Vigil on the steps of St. Francis Xavier Church at 
the corner of Grand and Lindell. A group will carpool from there to reach
Bonne Terre  before 6 p.m..  For more information email stlouis at madpmo.org, or 
call Margaret at 314-322-5159.

(source: MADP)



KANSAS:

Miller seeks removal of Johnson County judge in death penalty case


The man accused of killing 3 people in Overland Park last year wants the 
Johnson County judge overseeing his upcoming death penalty trial removed.


F. Glenn Miller Jr. alleges in a recently filed motion that District Judge 
Kelly Ryan is obstructing justice by not allowing him online computer access to 
prepare his defense.

Miller, who is representing himself in the case, also said that he believes 
Ryan is a Mason, and thus, in his mind, unable to give him a fair trial.

He also predicted that the judge will rescind the previously-granted permission 
to represent himself and "force" him to accept the representation of government 
paid lawyers, who he has previously said he does not trust.

The 74-year-old Miller, also known as Frazier Glenn Cross Jr., is charged with 
capital murder in the shooting deaths of 3 people outside the Jewish Community 
Center and Village Shalom care center.

After his arrest that day, he told police that he was an anti-Semite, and he 
has publicly stated that his intent was to kill Jews that day.

None of his victims was Jewish. William Corporon, Reat Underwood and Terri 
LaManno were all members of Christian churches.

Miller has said in court that he intends to present a defense of "compelling 
necessity." Because the judge has told him he has not decided if that defense 
will be allowed, Miller claimed in his motion that he believes the judge will 
not grant it.

He claims that is also obstruction of justice.

The trial in Johnson County District Court is scheduled to begin on Aug. 17. 
The next scheduled hearing to take up pretrial motions is scheduled for July 
17.

(source: kansascity.com)






NEBRASKA:

Death Penalty Advertisements Launch


Whether out shopping, at home watching television or even in the car listening 
to the radio, you may start to hear messages regarding the death penalty in 
Nebraska.

On Thursday, a radio campaign kicked off, joining both television 
advertisements and a petition campaign attempting to sway members of the 
community to keep the death penalty off the table in Nebraska.

The radio campaign comes from Nebraskans for Public Safety, a joint effort 
between Nebraskans for Alternatives to the Death Penalty and the American Civil 
Liberties Union.

Both groups say their television and radio spots are to counter messages coming 
from petitioners paid for by the Nebraska for the Death Penalty.

The advertisements are asking members of the community not to sign the 
petition.

Nebraskans for Alternatives to the Death Penalty say they want people to hear 
both sides of the debate on Nebraska's death penalty, not just from the groups 
wanting signatures to bring back the death penalty.

Yet, Nebraskans for the Death Penalty say the petition isn't about one side or 
the other, they just want to inform voters all while giving them the option to 
have their voice heard.

"Put the death penalty on the ballot and then we can have a debate over it," 
said Rod Edwards, Field Director of Nebraskans for the Death Penalty.

Many petitioners are just trying to get the message out to potential voters, 
targeting areas such as Kearney and Grand Island.

Both sides of the death penalty issues are contributing thousands of dollars 
into their respective campaigns. The television and radio advertisements from 
the Nebraskans for Public Safety total almost $200,000.

An expense report from Nebraskans for the Death Penalty shows in the last 
reporting period the group spent more than $215,000.

(source: 1011now.com)

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

Back on the Agenda: Nebraska's Death Penalty


A grassroots effort aims to restore what the legislature just ended.

At the front counter of Dinkel Implement Co., a farm equipment dealer in 
Norfolk, Neb., there is a sheet of paper that voters can sign to bring the 
death penalty up for a public vote in their state. There is a similar petition 
at Allied Securities, a car insurance agency, and starting next week, a 
storefront in Norfolk will be open from 3 p.m. until 6 p.m. every day, with the 
sole purpose of collecting signatures. "People coming in seem to be passionate 
about it," says John M. Dinkel, co-owner of the farm equipment store. "Most 
people are thankful, and they exercise their constitutional right" and sign the 
petition.

In May, the Nebraska Legislature voted to repeal capital punishment. Gov. Pete 
Ricketts vetoed the repeal, and the legislature overrode the veto by a single 
vote. Opponents of the death penalty celebrated this unprecedented moment - the 
end of the death penalty in a conservative state - and saw it as an indication 
of how conservatives have turned against the punishment.

But since the vote, supporters of the death penalty have been scrambling and 
have a serious shot at overriding the override of the veto. A group called 
Nebraskans for the Death Penalty has opened offices in Omaha and Lincoln. They 
are aiming to collect 57,000 signatures, or 5 % of the state's voters, by the 
end of August in order to put the question on a ballot next year. If they get 
twice as many signatures, the repeal will be officially halted, and prosecutors 
will be able to keep pursuing death sentences.

On a well-trafficked Facebook page, they are announcing where Nebraska voters 
can sign the petition (jewelry stores, courthouses, car dealerships, DMV 
offices) and posting pictures of men and women approaching strangers to get 
their signatures on street corners and in mall parking lots. The organization 
is seeking volunteers to go door-to-door and run phone banks.

Though these efforts are grassroots, Nebraskans for the Death Penalty have 
well-heeled help. Financial records released last week show Ricketts donated 
$100,000 to the campaign, while his father, Joe Ricketts, the founder of TD 
Ameritrade, donated the same amount. (The family also owns the Chicago Cubs). 
The anti-death penalty community is also fundraising.

Much of this is symbolic; Nebraska last carried out an execution in 1997, and 
is facing a shortage of lethal injection drugs that would slow efforts to carry 
out another one anytime soon. There are 10 men on the state's death row.

But the success or failure of Nebraskans for the Death Penalty will be a 
barometer of how deep American support for the death penalty goes. For years, 
polls have shown that capital punishment is dipping in popularity, though it 
remains above 50 % (the latest Pew Research Center poll found 56 % of Americans 
still support executing murderers).

That support has not been seriously tested lately. In the 1970s, when capital 
punishment was struck down and then reinstated by the Supreme Court, newspaper 
editorials and public rallies on both sides of the issue were common. Since 
then, with the death penalty in regular use, supporters have become a silent 
majority, with the exception of a few pro-death penalty message boards 
featuring vitriolic rants against murderers on death row.

Now that the death penalty is being challenged, grassroots support for the 
punishment is becoming visible, in the form of bright green T-shirts that read 
"Support Death Penalty" and "Sign Petition Here!" Some of those organizing in 
Nebraska are family members of murder victims, like Vivian Tuttle, who is being 
featured in local press and whose daughter was shot during a 2002 bank robbery 
in Norfolk ("I believe in justice," she told the Holt County News).

Some citizens without a specific stake in capital punishment - as well as 
newspaper editorials - are framing their support in terms of democracy. "I feel 
that the citizens have a right to vote on it," Ron Stauffer, who opened the 
storefront in Norfolk, told me. "If the death penalty is voted out by the 
people that is fine with me." Stauffer said that the state's lawmakers had 
voted against capital punishment based on "their own convictions," which, he 
said, "is not what they are there for."

(source: themarshallproject.org)

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

Roman Coliseum honors Nebraska's repeal of death penalty


The Roman Coliseum, a popular tourist attraction and long ago a site of 
executions, gladiator contests and spectacles of death, lit up Wednesday night 
to honor Nebraska's repeal of the death penalty.

The amphitheater in the center of Rome, now a symbol of faith communities in 
the campaign against capital punishment, was lit as a testimony to a justice 
system capable of respecting human life and dignity, said Mario Marazziti, 
president of the Human Rights Committee of the Italian Parliament.

The sudden bathing of the Coliseum in white light -- after a period of complete 
darkness -- was coordinated by the Catholic lay community Sant'egidio, which 
has lit the coliseum after each of 7 state legislatures repealed the death 
penalty, said Mona Cadena of Equal Justice USA. It also is lit after countries 
abolish the death penalty.

Before Nebraska, the Coliseum was lit to honor Maryland's repeal in 2013.

The Community of Sant'egidio advocates ending the death penalty worldwide.

"The death penalty system is broken, can never be perfect, and it always lowers 
civil society and the state at the level of the killer, creating new victims," 
Marazziti said in a news release.

The community also maintains pen pal relationships with death row inmates, 
collects signatures for a moratorium on executions and invites cities around 
the world to take part in Cities for Life Day, Nov. 30.

It is hoping for participation this year from a Nebraska delegation, including 
a bishop and people who fought and campaigned for the repeal, said Carlo 
Santoro, with the Sant'egidio community. More than 2,000 cities internationally 
now join in Cities for Life Day.

"We have been following the situation in Nebraska for some months, also 
supporting some of the groups there," Santoro said in a telephone interview 
from Rome.

And they are hoping Gov. Pete Ricketts might change his mind about trying to 
stop the repeal, and accept that in Nebraska there would be no more executions, 
he said.

Ricketts and his father, Joe Ricketts, have contributed the bulk of money, so 
far, to the Nebraskans for the Death Penalty referendum campaign, which is 
collecting signatures to stop the repeal from going into effect and force a 
general election vote on the issue.

Santoro said the death penalty is a practice of the past, and a life sentence 
is a good practice of justice that can be used. It is hard to be in prison for 
many years, he said.

Executions reflect the violence that takes place in the world's cities, he 
said.

(source: Journal Star)