[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., OHIO, OKLA., USA

[Rick Halperin]

July 20



TEXAS:

Judge in Thuesen Capital Murder Trial Calls for Punishment Reversal


In 2010, John Thuesen was sentenced to die for the 2009 murders of a pair of 
siblings in College Station. Now, the judge who presided over the trial is 
recommending that the punishment be reversed.

In a filing to the Texas Court of Criminal Appeals in Austin on Friday, 272nd 
District Court Judge Travis Bryan III writes of what he believes were numerous 
failings by the attorneys who represented Thuesen at trial, Billy Carter and 
Michele Esparza, and recommends a new punishment phase for Thuesen.

In June 2014, Judge Bryan heard arguments from writ lawyers representing 
Thuesen, which Bryan largely agreed with in Friday's filing. Some arguments by 
the writ lawyers were rejected.

Thuesen shot and killed Rachel Joiner, who he had dated, and Rachel's brother 
Travis in the siblings' house. The Joiners were from West Texas and attending 
Texas A&M. Thuesen had broken into the Joiner's house and waited for Rachel to 
return. The two eventually got into an argument. Evidence showed Rachel was 
shot in the back. It was presented that she was trying to leave the argument 
and the house when she was shot, and that when the shots rang out, Travis 
Joiner came out from his room and was also shot by Thuesen.

Prosecutors argued that Thuesen, who called 911 and confessed to the shooting 
immediately after, was jealous and angry that Joiner had separated from him.

Thuesen served in the Marines and had spent time in combat in Iraq. While the 
defense made arguments that mental health problems were at the root of 
Thuesen's acts and could be cause for the jury to choose a life sentence 
instead of death, Judge Bryan does not believe near enough was done by Carter 
and Esparza.

In a stinging indictment of the attorneys' work, Bryan gave the following 
opinions:

--The defense didn't start an investigation into Thuesen's Post Traumatic 
Stress (PTS) until a few months leading up to the trial, a year after the 
lawyers were retained as counsel.

--Thuesen's counsel did not get the assistance of an expert witness or 
witnesses qualified to explain mitigating impacts of PTS.

--The defense's ultimate presentation of information on PTS, including specific 
info on Thuesen's, was "significantly incomplete."

--The investigation and presentation of evidence that the Department of 
Veterans Affairs failed to properly diagnose and treat Thuesen's PTS "fell 
below the norms of professional standards for capital counsel."

--Defense counsel did not present sufficient evidence that Thuesen would not 
pose a future danger to others, one of the three questions the jury is asked to 
answer in choosing life in prison or death as a penalty.

--The defense did not speak to witnesses of an incident Thuesen was involved in 
during his high school years that would have disputed a prosecution witness' 
account, nor did they cross examine the witness. The incident was used by the 
prosecution to convince the jury that Thuesen had violent tendencies before his 
war service.

--Thuesen's attorneys were ineffective during the jury selection process in 
fighting for and against potential jurors who could have helped or hurt the 
defense in the deliberations.

--The defense didn't present enough evidence concerning the Thuesen family's 
history of mental illness.

--Defense counsel didn't raise the issue of mental illness in its opening 
argument in the punishment phase.

--Carter and Esparza didn't object to a prosecutor's comment about his 
stepfather's World War II service and PTS during closing arguments in the 
punishment phase.

In an automatic appeal granted by law to any defendant sentenced to death, the 
Texas Court of Criminal Appeals upheld the conviction in February 2014.

The only possible punishments the State of Texas allows for people convicted of 
capital murder are life in prison without possibility of parole or the death 
penalty. The prosecution has the option not to pursue death.

Thuesen's case was considered capital murder because two people were killed in 
the same incident.

Because of the case's status, Bryan could not comment on his recommendation.

(source: KBTX news)






PENNSYLVANIA:

Prosecutors seek death penalty for mom accused of throwing baby from bridge


Lehigh County prosecutors say they will seek the death penalty against a woman 
accused of throwing her baby to his death.

19-year-old Johnesha Perry was in court for her arraignment in Lehigh County 
Monday.

She remains in custody without bail on a homicide charge.

Authorities say she pushed her 1-year-old son Zymeir off a bridge into a river 
in May.

He died a few days later.

Attorneys say Perry will undergo mental health evaluations before her trial.





GEORGIA:

Jamie Hood found guilty in murder of police officer


A jury found Jamie Hood guilty of malice murder in the death of an Athens 
police officer.

Hood was found guilty in 36 of 70 counts, including charges in the March 22, 
2011 fatal shooting of Athens-Clarke County Senior Police Elmer "Buddy" 
Christian and the wounding of Officer Tony Howard.

Hood, who represented himself in the trial, has admitted to shooting the 
officers, but claimed he did so in self-defense.

Closing arguments were made on Saturday, and the jury began deliberations on 
Monday. Just after 4:30 p.m., the jury announced they'd reached a verdict.

In addition to charges related to the death of Christian, including malice 
murder and felony murder, Hood was found guilty of killing suspected drug 
dealer Kenneth Omari Wray in December 2010. He was found guilty of attempted 
murder of Howard. He was also found guilty of carjacking and kidnapping Deborah 
Lumpkin, a bystander after the shootings.

Hood was found not guilty in several charges involving alleged hostages. He was 
also found not guilty of carjacking Judon Brooks. Hood had been accused of 
taking a number people hostage at gunpoint for several days as police searched 
for him. Hood argued that those people were his friends.

As the jury's decision was read, Hood swiveled in his chair and showed little 
reaction.

Hood could face the death penalty. Both sides will be able to call witnesses to 
the stand. Hood reportedly has a list of 100 witnesses he's planning to call.

(source: WXIA news)

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

Jamie Hood found guilty in shooting death of Athens police officer


A jury has found Jamie Hood guilty in the shooting death of Athens Clarke 
County Police Officer Elmer "Buddy" Christian and injuring Officer Tony Howard 
in 2011.

After shooting the two officers, Hood ran from police for 4 days before he 
finally surrendered live on Channel 2 Action News.

Hood has admitted to the shooting. He tried to convince the jury Monday morning 
that the shootings were justified. He claimed there was bad blood between 
himself and Howard from a prior interaction.

Hood acted as his own attorney in the death penalty case and often appeared 
frustrated during testimony.

During closing arguments, Hood addressed Christian's family.

"How can the family be happy with me? You killed my son, you killed my son. How 
can they be happy with me?" Hood said.

In his closing argument, Clarke County District Attorney Ken Mauldin dismissed 
Hood's claim that he acted in self-defense in shooting the 2 officers.

"In that instance, Tony Howard would have been justified in using deadly force, 
but that's not what he did," Mauldin said. "You cannot claim justified if 
committing, attempting to commit or fleeing from a felony."

Hood wrapped up his arguments to the jury, by thanking them.

"I appreciate you listening. I worked hard. I wish you all the best in your 
lives and hope you're loved ones won't go through what I've gone through," Hood 
said.

The jury was comprised of 9 men and 3 women.

(sources: WSB TV news & Athens Banner-Herald)






FLORIDA:

Penalty phase begins for man convicted of murder in Brooksville


Prosecutors spared the jury few details while describing a gruesome sexual 
assault Byron Burch committed on his young cousin when Burch was 16 years old.

"When doctors examined her, they discovered she had a large laceration, a tear, 
in her vaginal area," Assistant State Attorney Rich Buxman said of Burch's 
9-year-old cousin. "The next day, she went into surgery to repair the damage he 
had done to her."

Burch, now 44, was convicted last month of first-degree murder in the 2010 
death of Sarah Davis, 80, a former schoolteacher and matriarch within the south 
Brooksville community.

Attorneys met Monday in a Brooksville courtroom to give opening statements in 
the penalty phase of the trial. The jury will recommend to Hernando County 
Circuit Judge Daniel B. Merritt Jr. that Burch receive either life in prison 
without the possibility of parole or the death penalty. Merritt, then, will 
make the final decision.

The sexual assault, Buxman argued, was an aggravating factor for the jury to 
consider, the first of several crimes, including assault of a law enforcement 
officer, for which Burch had been convicted prior to the murder of Davis.

Another aggravating factor, Buxman said, was the "heinous, atrocious and cruel 
manner" in which Burch killed Davis. Authorities found Davis' body in her 
bathroom, stabbed and cut more than 25 times.

However, Terry Lenamon, Burch's attorney, argued in his opening statement that 
Burch's actions were mitigated by a nasty mix of mental illness, drug addiction 
and the lingering effects of childhood abuse.

Burch's mother was conceived from rape, Lenamon said. Burch's father is serving 
prison time on multiple convictions for sexual battery involving children, the 
attorney said.

"That's my client's father," he said. "And that's the man my client's mother 
ended up with, who was abusive both physically and emotionally."

"And as we know," Lenamon said, "victimization is a circular pattern."

Lenamon told the jury to expect testimony from doctors who determined that 
Burch is a crack cocaine addict with bipolar tendencies who is suffering from 
chronic traumatic encephalopathy, a degenerative brain disease most commonly 
found in athletes who suffer repeated concussions.

The attorney also contrasted Burch's life with the one Davis provided for her 
children. Burch and Davis were distant relatives.

"You're going to hear a lot of great things about this woman," Lenamon said to 
the jury, referring to Davis. "And one of the things you're going to hear 
consistently about this woman is how she was loving, caring and forgiving."

"And what's important to know is that the world she provided her (children) was 
nothing like the world that was provided for Byron Burch."

The sentencing hearing is expected to last several days.

(source: Tampa Bay Times)






OHIO:

Ohio Attorney General Mike DeWine to appeal new trial in death penalty case


An order from a federal judge to grant a convicted cop killer a new trial will 
be appealed by Ohio Attorney General Mike DeWine, his office announced on 
Monday.

Quisi Bryan, who was sentenced to death in the 2000 murder of Cleveland Police 
Officer Wayne Leon, had a new trial granted by U.S. District Judge James Carr 
on Thursday.

"I strongly disagree with the federal court's order for a new trial," said 
DeWine in a written statement. "This defendant viciously took the life of an 
innocent law enforcement officer, leaving the officer's children without a 
father and his wife without a husband. My office will fight to keep this 
murderer on death row for this senseless crime."

In August of 2000, a Cuyahoga County grand jury indicted Bryan on 3 counts of 
aggravated murder, 2 counts of attempted murder and multiple counts of 
firearms-related offenses.

Police said Bryan was pulled over by Leon on June 25, 2000, and that Bryan 
pulled a gun and shot the officer in the face.

Investigators located Bryan and his girlfriend in Columbus the following day.

In February of 2001, Bryan was found guilty of aggravated murder, attempted 
murder, attempted robbery, possessing weapons under disability, carrying a 
concealed weapon, tampering with evidence, theft.

Citing case Batson v. Kentucky, 476 U.S. 79 (1986), it was claimed the 
prosecution removed potential black jurors from the jury pool, "by using a 
peremptory strike to remove an African-American from the venire."

Bryan, 44, has been incarcerated at the Chillicothe Correctional Institution 
since Feb. 27, 2001.

In 2007, Bryan was later found guilty of impersonating a police officer and two 
counts each of sexual battery and abduction.

In March of 2014, Bryan was found guilty of rape and kidnapping.

(source: ABC news)



OKLAHOMA:

Praying and working for "a miracle" - Sister Prejean and Death Penalty foes 
assert Glossip's innocence


Sister Helen Prejean recalled a phone call she received last January from 
Richard E. Glossip, who had "put me down as someone he wanted to be present 
when he was executed."

She accepted because, "I don't believe in working quietly or going quietly into 
that night" even she believes a person scheduled to receive the ultimate 
sanction of death is guilty. However, "In this case, I believe he is innocent."

Prejean, author of a book that became the motion picture "Dead Man Walking," 
said Glossip had ineffective counsel at both of his trials.

Discussing a U.S. Supreme Court decision upholding Oklahoma's execution 
protocols - and thus, clearing the way for Glossip's scheduled September 16 
date with death - the nun jabbed at Supreme Court Justice Antonin Scalia for 
his defense of Oklahoma's legal system in the case of Glossip v. Gross.

At a July 13 press conference hosted by the Oklahoma Coalition to Abolish the 
Death Penalty (OK-CADP), Prejean said, "I've met Richard Glossip. He should not 
die."

She sought to persuade Oklahomans that even advocates of capital punishment 
should not support its imposition in this particular case: "The death penalty 
that you say you want in Oklahoma is not the death penalty you actually have in 
Oklahoma."

She continued, "I've come to know the people of Oklahoma. They are decent and 
good people. I'm out here asking for monetary support, among other things. 
Sometimes I hear people say 'the lawyers are in it for the money.' That is, 
that we are hustling."

She reflected that might seem the case, but added, "I am here to tell you that 
the death penalty in Oklahoma is broken. All over the country wardens and 
others who once participated in the death penalty have moved against it."

Prejean and others made the case for Glossip's exoneration or a permanent stay 
of execution, despite the High Court's 5-4 ruling against him and other death 
row inmates. She encouraged reporters to study an investigative news report 
posted by "The Intercept" which raises a plethora of questions about the police 
investigation that led to Glossip's conviction. She said, "This investigative 
article documents the brokenness of the system."

Continuing, Prejean said, "I feel sorry for juries. All they know is what they 
hear in the courtrooms."

After the High Court's decision to sustain Oklahoma's protocols, including the 
use of the drug - as part of the mix of drugs to induce death, Prejean said, 
"There are only 2 or 3 avenues to stopping this execution. We need a state or 
federal court to say they will let what is called a 'successor petition' come 
in."

Prejean encouraged those seeing videos of the press conference or reading news 
stories about it to visit the website RichardEGlossip.com, to contribute for 
the costs of researchers, investigators and attorneys to bolster the work of 
Colorado attorney Don Knight, who also addressed the gathering of reporters.

In a lengthy presentation and in response to questions from the crowd of 
journalists, Knight pointed to a variety of factors, elements going beyond 
"reasonable doubt" in the case, that he says have never been explored.

These include the comings and goings of other possible suspects at the hotel 
where Barry Van Treese was killed. The admitted killer, Justin Sneed, beat Van 
Treese to death with a baseball bat.

Sneed testified that Glossip paid him to carry out the killing for hire of Van 
Treese, owner of the Inn where both he and Glossip worked. In exchange for 
Sneed's testimony, prosecutors did not seek his execution, but supported a life 
sentence without possibility of parole.

Sneed's testimony and the contrasting treatment of him and Glossip are at the 
heart of the last-minute push to prevent Glossip's execution, an effort Knight, 
an attorney from Littleton, Colorado, is now leading.

With Prejean and Knight were 2 Oklahoma political leaders.

In brief remarks before and after the session with the press, state Rep. George 
Young said he was less concerned about the Ten Commandments monument on state 
property than about living the Ten Commandments in the laws passed under the 
Capitol Dome.

Former state Sen. Connie Johnson, D-Oklahoma City, declared "the innocence of 
Richard Glossip" ... She characterized the state government's response to the 
U.S. Supreme Court decision was "disgusting and ironically predictable." She 
restated opposition to an upcoming state question she described as a means to 
"constitutionalize the death penalty in Oklahoma."

Johnson asserted Glossip is "an innocent man, like Jesus. "If the state 
proceeds to murder Richard Glossip the story of Jesus will be repeated."

She passionately encouraged state officials to take a fresh look: "By not 
executing Richard Glossip we not make an irreversible mistake."

Countering contentions for Glossip's innocence, Donna Van Treese, the widow of 
Barry Van Treese, told Rick Green of The Oklahoman, "After 2 murder trials, 2 
sets of jurors, and 18 long years, we know who murdered Barry, and there is no 
doubt. They have not been able to find Glossip innocent or any evidence of his 
innocence. We stand firm as a family to see this until the end."

Progressive/liberal commentator Arnold Hamilton of The Oklahoma Observer, sat 
near this reporter during the press conference, which drew four television 
cameras and at least dozen print, online or broadcast journalists.

It was one of the largest non-gubernatorial press events at the seat of 
Oklahoma government in recent years.

In a column soon after, Hamilton reflected that no one wants "an innocent 
executed. After all, there are no do-overs if you later determine an individual 
was wrongly convicted."

Responding to questions, Sister Prejean said Richard Glossip "feels God is 
close to him."

She believes, "God has sent these various lawyers, and they are working like 
you-know-what to prevent Richard's death. He is an interesting man. He never 
asks for a lot."

Prejean admitted, "We are going to need a miracle. The real miracle that is 
needed is in the heart of the people of our country.

"The way God works, the God that Jesus revealed, the God I believe in, is a 
personal and loving God.

"It's up to us to bring the love of God into the world."

(source: the City Sentinel)






USA:

Can trustworthiness of inmate's face sway sentencing?----A new study claims 
that the trustworthiness of an inmate???s face can have an impact on whether 
said inmate receives the death penalty or life in prison


PsychCentral reports that a new study published in the Psychological Science 
journal states that inmates whose faces were rated low for trustworthiness were 
more likely to receive the death sentence than inmates who were perceived as 
more trustworthy, even when inmates were later cleared of the crime.

The researchers used photos of 371 males on death row in Florida; 226 of the 
inmates were white, 145 were black, and all were convicted of 1st-degree 
murder. All photos were converted to gray scale to minimize variations. Then an 
online panel of 208 American adults were asked to review the photos and rate 
them on trustworthiness using a scale from one (not trustworthy) to 8 (very 
trusthworthy). The reviewers also considered photos of inmates who had been 
convicted on murder charges but received a life sentence.

The raters did not know what sentence an inmate had received, or even if the 
photos were of inmates at all. Findings showed that inmates who had received 
the death penalty were often perceived as less trustworthy than those sentenced 
to live in prison.

Inmates in both groups had committed crimes that were equally severe; neither 
sentence would have allowed for the inmates to return to society, and as such, 
the motivation to protect society could not explain the harsher punishments 
consistently given to less trustworthy-looking inmates.

"Any effect of facial trustworthiness, then, seems like it would have to come 
from a premium in wanting to punish people who simply look less trustworthy," 
the study concluded.

A follow-up study showed the connection between perceived trustworthiness and 
sentencing emerged even when participants studied photos of inmates who had 
been sentenced but were actually innocent and later exonerated.

(source: coorrectionsone.com)

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

Mercy, Justice, and the Gospel of Life: US bishops on ending the death penalty


2 leading U.S. bishops have renewed the call to choose life over the death 
penalty because, they say, heinous criminals deserve both justice and mercy - 
their lives too are from God.

"As Christians, we are called to oppose the culture of death by witnessing to 
something greater and more perfect: a gospel of life, hope, and mercy. To help 
build a culture of life, capital punishment should be abolished," Cardinal Sean 
O'Malley of Boston and Archbishop Thomas G. Wenski of Miami said in a message 
on behalf of 2 major U.S. bishops' committees.

They cited one of Christ's Beatitudes: "Blessed are the merciful, for they will 
be shown mercy."

Cardinal O'Malley signed the July 16 message in his role as chair of the U.S. 
bishops' Committee on Pro-Life Activities, while Archbishop Wenski signed as 
chair of the bishops' Committee on Domestic Justice and Human Development.

"We are all sinners, but through the Father's loving mercy and Jesus' redeeming 
sacrifice upon the Cross, we have been offered the gift of life everlasting," 
the bishops said. "The Lord never ceases his loving pursuit of us in our sin 
and brokenness, offering us the choice of life over death."

"The use of the death penalty cuts short any prospect for transforming the 
condemned person's soul in this life. Catholic opposition to the death penalty, 
then, is rooted in mercy. It is also eminently pro-life, as it affords every 
opportunity for conversion, even of the hardened sinner," they continued.

The 2 bishops' message comes 10 years after the U.S. bishops began a campaign 
against the death penalty. In 2005, the U.S. bishops issued the anti-death 
penalty statement, "A Culture of Life and the Penalty of Death."

Since 2005, at least 7 states have ended the use of the death penalty, 
Archbishop Wenski and Cardinal O'Malley noted. Other states have placed 
moratoria on executions. The number of death sentences is at an all-time low 
since 1976.

The 2 bishops invoked Pope Francis' March 20 words to a delegation from the 
International Commission against the Death Penalty, which declared capital 
punishment "inadmissible, no matter how serious the crime committed."

"It is an offense against the inviolability of life and the dignity of the 
human person, one which contradicts God's plan for man and society and his 
merciful justice, and impedes the penalty from fulfilling any just objective," 
the Pope said. "It does not render justice to the victims, but rather fosters 
vengeance."

Cardinal O'Malley and Archbishop Wenski called on everyone of goodwill to 
"advocate for better public policies to protect society and end the use of the 
death penalty."

The bishops urged prayers for crime victims, for those facing execution and for 
those working in the criminal justice system. They encouraged outreach and 
"bringing Christ's love and compassion" to the families of those affected by 
violent crime.

In addition, they encouraged people to learn about the Catholic Church's 
teaching on the death penalty and to educate others.

They said that Church teaching on the death penalty is not indifference to "the 
sinfulness of crime and attacks on human life." Rather, it is "an affirmation 
of the sacredness of all life even for those who have committed the most 
heinous of crimes."

They noted that violent crime has affected bishops like Archbishop Joseph 
Naumann of Kansas City, Kansas. The archbishop's own father was murdered. 
However, Archbishop Naumann has said that the refusal of the death penalty is 
not because we reject "the horror of the crime," but because "we refuse to 
imitate violent criminals."

Cardinal O'Malley and Archbishop Wenski urged solidarity and support for crime 
victims and their families and to help them in their deep pain and loss. They 
also asked everyone to remember criminals.

"We also acknowledge the inherent human dignity of those who have committed 
grave harm, affirming that, even as they repay a debt to society, they too 
should receive compassion and mercy," the bishops added. "As we seek to tend to 
the eternal needs of those who commit serious crimes we must build up a culture 
of life in matters of justice and punishment."

(source: Catholic World Report)

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

Did justices rule correctly on lethal injections?


A 5-4 ruling handed down by the U.S. Supreme Court in Junes could put Tennessee 
and other death penalty states back on track to carry out executions by lethal 
injection. Justices ruled in a case from Oklahoma that the sedative midazolam 
can be used in executions without violating the Eighth Amendment prohibition on 
cruel and unusual punishment.

Meanwhile, 2 dissenting justices said they think it's "highly likely" the death 
penalty itself is unconstitutional.

Earlier this year, the Tennessee Supreme Court halted all executions in this 
state while the federal court decided if the current protocols for carrying out 
the death penalty are constitutional. Tennessee last executed a prisoner in 
2009. Since then, legal challenges and problems obtaining lethal injection 
drugs have postponed new executions.

The state General Assembly voted last year to reinstate electrocution as a form 
of capital punishment in Tennessee. The action results from a dispute over the 
drugs that have been used to execute prisoners on death row. In the event the 
lethal drugs cannot be obtained, officials will use the electric chair to carry 
out a death sentence. Tennessee's last execution by electrocution was in 2007.

In recent years, Tennessee has relied on a sedative most often used to 
euthanize animals. Those drugs, however, are getting harder to obtain. That s 
because the pharmaceutical firms that make them, which are located in Europe, 
object to their use in executions.

Some states have decided that capital punishment is just too much of a legal 
and moral headache to carry out. In May, Nebraska legislators voted to make 
that state the 19th in the nation to ban the death penalty

Last month, the U.S. Supreme Court heard a challenge to lethal injections 
lodged by death row inmates in Oklahoma, who objected to the use of the 
sedative midazolam in lethal-injection executions. Attorneys for the plaintiffs 
argued the drug was connected to several botched executions.

Speaking for the conservative majority, Justice Samuel Alito said arguments 
that the drug could not be used effectively as a sedative in executions were 
speculative and he dismissed problems in Oklahoma as "having little probative 
value for present purposes."

In speaking for the dissent, Justice Sonia Sotomayor said, "Under the court's 
new rule, it would not matter whether the state intended to use midazolam, or 
instead to have petitioners drawn and quartered, slowly tortured to death, or 
actually burned at the stake."

(source: Opinion, Johnson City (Tenn.) Press)