[Deathpenalty] death penalty news----MO., CALIF., USA

[Rick Halperin]

July 17




MISSOURI:

Court upholds public's right to know pharmacy used to supply Missouri execution 
drugs


The Missouri Department of Corrections broke the law by failing to reveal the 
pharmacy that supplied the drugs used to administer the death penalty, 
according to a ruling Thursday by Cole County Circuit Court Judge Jon Beetem.

The suit, citing the state Sunshine Law, was filed in May 2014 by the ACLU of 
Missouri, the Reporters Committee for Freedom of the Press and Chris McDaniel, 
a reporter, formerly with St. Louis Public Radio. and now the death penalty 
reporter at BuzzFeed News.

The court ruled that even though state law requires the identities of 
individual execution team members to be kept confidential, it does not allow 
the department to "define the execution team as it wishes, without limitation."

The decision notes laboratories and pharmacies are not "persons who administer 
lethal gas or chemicals" or people who provide direct support to administer 
them.

"The public has a right to know the source of the illegal drugs the state uses 
to kill people in the public's name," according to a statement from Tony 
Rothert, legal director of the ACLU of Missouri.

Cole County Circuit Court Judge Jon Beetem issued the order. Last week, the 
same judge ruled in a similar suit filed by former state lawmaker Joan Bray 
that the department violated the Sunshine Law. A judge has yet to rule on a 3rd 
suit filed by the St. Louis Post-Dispatch, The Associated Press, Guardian News 
and Media, and other media companies.

(source: St. Louis Post-Dispatch)






CALIFORNIA:

Jurors in death penalty case raise concerns about comments made by fellow juror


An alleged comment made by a juror to a bailiff in the death penalty trial for 
a Fairfield man accused of a Vallejo police officer's 2011 death sparked a 
larger inquiry into the possibility of misconduct in the deliberation room.

Jurors in the trial for murder defendant Henry Albert Smith Jr., 41, returned 
to Solano County Superior Court Thursday for their 8th day of deliberations, 
however, they saw their discussions partially interrupted by an inquiry into 
one juror's comments. Smith is accused of the Nov. 17, 2011, robbery of a 
Vallejo bank and subsequent pursuit by police that resulted in the fatal 
shooting of veteran Vallejo Police Officer Jim Capoot.

On Thursday, one juror's alleged statement to a court bailiff that the Solano 
County Sheriff's Deputy was a "thug with a gun," came to light when a fellow 
juror addressed the court to share the concerns of a handful of others on the 
10 woman, 2 man panel.

While the comment, made by 1 of the male jurors, was likely made in a joking 
manner, it was enough for one juror to contemplate walking away from the panel 
and suffer the consequences later, a juror acting as spokesperson for the 
concerned jurors told Judge Peter B. Foor Thursday.

>From those discussions, it was alleged that the male juror did not have an open 
mind while deliberating, and according to one juror, indicated he would not 
vote to convict the defendant, no matter what. That led to further revelations 
that the juror who made the comment to the bailiff had given the impression 
that all cops were corrupt and didn't believe what they said, according to a 
fellow juror.

That led Foor to pull a copy of the juror's questionnaire, filled out prior to 
being selected to serve on the jury.

On 1 question asking the prospective juror his attitude toward law enforcement, 
the response was, "They are OK. They uphold the law," according to Foor.

"What we've heard today is absolutely contradictory to that," Foor said.

Prosecuting Deputy District Attorney Karen Jensen raised the concern that a 
misrepresentation between the juror's answers on the questionnaire and those 
expressed to other jurors could reflect a bias not previously reported, 
amounting to misconduct.

Defense attorneys for Smith reacted differently, stating that no evidence of 
misconduct had been uncovered.

In addition to objecting to any questioning of jurors, Chief Deputy Public 
Defender Oscar Bobrow argued that questioning jurors individually interfered 
with the deliberation process and made several requests for a mistrial.

Those requests were denied.

The male juror that became the focus of the inquiry denied making any 
statements that police were corrupt and any allegation he would not vote to 
convict.

"Absolutely not. I never said that at all," the juror told Foor.

"It appears to the court we have a very different account of the subject from 
this juror as reported to us by other jurors this morning," Foor said. "We've 
got a conflicting situation here."

Jurors in the case will return Monday to continue their deliberations. 
Attorneys have until then to file any legal arguments related to the juror's 
alleged comments as it relates to a claim of misconduct.

Just this week jury deliberations started from scratch after an alternate juror 
was sworn in. Deliberations had been delayed after attorneys were informed that 
a juror had undergone emergency heart surgery late last week after the jury 
panel recessed.

Earlier in the trial, and before jury deliberations, a different juror was 
excused due to misinformation about family criminal history provided on their 
juror questionnaire.

Now, only 1 alternate juror remains.

According to trial testimony, Capoot chased an SUV into a North Vallejo 
neighborhood the afternoon of Nov. 17, 2011. A fellow officer testified he saw 
Smith driving the SUV, and later get out and run down Janice Street with Capoot 
giving chase on foot.

Moments later, Capoot was found having been shot in a backyard.

Smith was apprehended several homes away from the shooting scene after an 
officer noticed a man hop a fence onto Janice Street.

Inside his left front pocket, according to law enforcement testimony, was a 
loaded .40 caliber Glock semi-automatic pistol.

Additionally, suspected evidence of the earlier bank robbery was located in the 
SUV allegedly driven by Smith.

Smith is charged with murder of a peace officer with an enhancement for the use 
of a gun, robbery and being a felon in possession of a firearm. Prosecutors 
have alleged special circumstances to include: murder during the commission of 
a robbery; murder to avoid lawful arrest; and murder perpetrated against a 
peace officer lawfully performing their duty.

He has pleaded not guilty and remains in Solano County Jail custody.

(source: Times-Herald)






USA:

Colorado theater shooter guilty of murder, faces death penalty


A jury of 9 women and 3 men found James Eagan Holmes guilty in the 2012 
shooting at an Aurora, CO, theater that killed 12 and injured 70 others. He now 
faces the death penalty.

After a 46-day trial, the jury deliberated for about 12 hours to reach its 
verdict on 165 counts Holmes faced after the July 20, 2012 shooting. Arapaho 
County District Chief Judge Carlos Samour Jr. then read every single count, 
1-by-1, as the defendant stood with his hands in his pockets, showing no 
emotion.

The jury rejected Holmes' insanity plea and found him guilty on all 24 counts 
of murder, 2 for each of the people he killed. He was also charged with 2 
counts of attempted murder for each of the 70 wounded, and 1 charge of 
possessing explosives and another of committing an "act of violence."

The trial will enter a sentencing phase and the same jurors will determine if 
he will receive the death penalty.

Holmes, 27, never denied his part in the shooting, but pleaded not guilty by 
reason of insanity. Prosecutors argued that he was sane when he entered the 
packed movie theater armed with an AR-15 assault weapon, a shotgun and a 
pistol, set off several gas and smoke canisters, then and opened fire.

The attack came during the midnight screening of The Dark Knight Rises on July 
20, 2012. He rigged his apartment with explosives, to divert emergency crews to 
the home while he carried out the shooting.

In May, a court-appointed psychiatrist interviewed Holmes and determined he was 
mentally ill but legally sane.

Dr. William Reid testified during Holmes' trial that "whatever he suffered 
from, it did not prevent him from forming the intent and knowing what he was 
doing and the consequences of what he was doing."

Defense psychiatrists said he was suffering a psychotic episode during the 
shootings and was not accountable for his actions.

Holmes had no previous criminal record before the shootings.

According to Arapahoe County District Attorney George Brauchler, Holmes chose a 
theater for his attack because he was interested in violent films and loved 
movie theaters.

In a notebook written by Holmes, he stated that he thought about targeting an 
airport, but he didn't want it to be considered a terrorist attack.

On July 19, 2012, Holmes mailed the notebook to his psychiatrist, explaining 
his thoughts and plans weeks before the shooting. The notebook was later found 
undelivered in the mail room at Anschutz Medical Campus. Reports stated Holmes 
called a crisis hotline for help before the mass killings, but the call was 
disconnected.

After the shootings, Holmes was under suicide watch at Arapahoe Detention 
Center and held in solitary confinement.

On July 30, 2012, he was charged with 24 counts of 1st degree murder, 116 
counts of attempted murder, possession of explosive devices and inciting 
violence. After Holmes was charged, he tried to commit suicide several times 
and missed court dates.

Holmes is the son of a mathematician and a registered nurse. He was raised in 
Castroville and San Diego, CA. Holmes played soccer and ran cross-country in 
high school. Holmes' lawyer, Daniel King, said he suffered from mental issues 
in middle school. At the age of 11, he attempted suicide.

Holmes said that during his childhood he was terrified by 'nail ghosts' that 
hammered on the walls at night. He also said he would see shadows and flickers, 
which would fight each other with weapons.

In 2010, he graduated with the highest honors at the University of California, 
Riverside, and was a member of several honor societies. He received an 
undergraduate degree in neuroscience.

In the wake of the massacre, Holmes' family said in a statement, "Our hearts go 
out to those who were involved in this tragedy and to the families and friends 
of those involved."

(source: Raycom News Network)

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

USCCB renews call to end the death penalty


2 prelates who chair committees of the United States Conference of Catholic 
Bishops have issued a message calling for a renewed push to end the death 
penalty.

The message comes a decade after the bishops' conference issued a statement on 
the death penalty.

"Since that time, significant gains have been made," said Cardinal Sean 
O'Malley and Archbishop Thomas Wenski. "Several states, including New York, New 
Jersey, New Mexico, Illinois, Connecticut, Maryland and most recently Nebraska, 
have ended the use of the death penalty, and other states have enacted 
moratoria. Death sentences are at their lowest level since the reinstatement of 
the death penalty in 1976."

"However, there is still a great deal of work to be done, and we must recommit 
ourselves to end this practice in our country," the prelates added, as they 
called for prayer, outreach to crime victims' families, study of the Church's 
teaching, and political advocacy.

(source: cathoicculture.org)