[Deathpenalty] death penalty news----TEXAS, N.C., LA., KAN., COLO.

Rick Halperin rhalperi at smu.edu
Mon Jul 27 14:42:24 CDT 2015





July 27



TEXAS:

Executions under Greg Abbott, Jan. 21, 2015-present----9

Executions in Texas: Dec. 7, 1982----present-----527

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

10---------August 12----------------Daniel Lopez----------528

11---------August 13----------------Tracy Beatty----------529

12---------August 26----------------Bernardo Tercero------530

13---------September 2--------------Joe Garza-------------531

14---------September 29-------------Perry Williams--------532

15---------October 6----------------Juan Garcia-----------533

16---------October 14---------------Licho Escamilla-------534

17---------October 28---------------Christopher Wilkins---535

18---------November 10--------------Gilmar Guevara--------536

(sources: TDCJ & Rick Halperin)






NORTH CAROLINA:

The amazing excuse for keeping death penalty drugs secret


The North Carolina Senate is scheduled to take up legislation this evening that 
would, among other worrisome things, strike a large and troubling blow for the 
cause of government secrecy. The subject is the death penalty and the 
legislation in question would specifically amend the state public records law 
to make clear that citizens will be prohibited from finding out information 
about the drugs that will be used kill people in their name - including who 
makes them. This is from an Associated Press story from last Thursday:

"The state Senate could vote as soon as next week on legislation clarifying 
executions are exempt from state requirements for the public rule-making 
process. That would allow officials to find new drugs for lethal injection more 
quickly and with less public review. The bill also eases restrictions on the 
types of drugs used and prohibits disclosing where they are manufactured."

As bad is all of this is, however, listen to the explanation for this provision 
advanced by the bill's main sponsor:

"When asked by a Democratic member of the Senate Judiciary Committee whether 
his bill decreased transparency, Rep. Leo Daughtry, R-Johnston, said he agreed 
it did. But he argued that a certain level of secrecy was required to protect 
drug manufacturers.

"If you tell them where the drug comes from, there will be 300 people outside 
the building,' Daughtry said.

In other words, lawmakers want to keep the drugs secret so that, well, so that 
no one will find out what they are or where they come from and then, perish the 
thought, use the information to communicate with the pharmaceutical companies 
that make them.

What an outrageous concept! Citizens using public information to find out the 
identities of the companies to whom their government is giving public funds to 
buy drugs to kill people in the public's name and then, perhaps, exercising 
their First Amendment rights to target protests against those companies.

This from lawmakers who came to power championing "transparency" and an "open" 
and "small" government.

Perhaps the stunning hypocrisy of all this (not to mention the very troubling 
precedent that would be established) explains why the North Carolina Press 
Association (of which - full disclosure - NC Policy Watch is a member) opposes 
the legislation.

Let's hope that, regardless of their views on the death penalty, lawmakers wake 
up to the real world dangers of this new provision and the symbolic, Big 
Brother-like message it sends.

(source: ncpolicywatch.org)






LOUISIANA:

Federal judge throws out death sentence of man convicted in murders of 
Calender's Restaurant employees


Condemned killer Todd Wessinger deserves a new sentencing hearing in the 1995 
slaying of 2 Baton Rouge restaurant employees because his attorneys were 
deficient at the 1997 penalty phase of his capital murder trial, a federal 
judge ruled Monday when he threw out Wessinger's death sentence.

U.S. District Judge James Brady's 15-page decision did not disturb Wessingger's 
1st-degree murder convictions for the Nov. 19, 1995, shooting deaths of 
Stephanie Guzzardo, 27, and David Breakwell, 46, at the now-closed Calendar's 
Restaurant on Perkins Road. Guzzardo managed the store.

But if Brady's ruling stands on appeal, Wessinger, 47, of Baton Rouge, would be 
entitled to a new penalty phase hearing in the 19th Judicial District 
Courthouse.

Wessinger's attorneys had argued to Brady that 1 of his trial lawyers, the 
now-deceased Billy Hecker, was appointed to represent Wessinger just 6 months 
before the start of the trial and was ill-prepared.

Wessinger's attorneys also contend the jury never heard about what they have 
described as Wessinger's significant neurological problems as well as 
compelling family issues such as poverty, abuse, violence and alcoholism.

"This Court finds there is a reasonable probability that the evidence of 
Petitioner's brain damage and other impairments, as well as his personal and 
family history would have swayed at least one juror to choose a life sentence," 
Brady wrote.

Wessinger, a former Calendar's dishwasher at the time of the killings, shot a 
3rd employee in the back, who survived. His gun jammed when he tried to shoot a 
4th worker in the head.

(source: The Advocate)






KANSAS:

Hearing held for 4 charged in gun store owner death


1 of 4 suspects has waived his right to a preliminary hearing in the death of a 
Shawnee gun store owner killed during a botched robbery.

Jon Bieker, 44, died after the Jan. 9 shooting at his store called She's a 
Pistol, 5725 Nieman Rd. Police said gunfire erupted after 4 men tried to rob 
Bieker and his wife, Becky Bieker.

Jon Bieker managed to shoot 3 of the suspects. 1 of the injured suspects fled 
along with the getaway driver. Police said they arrested those 2 as they tried 
to gain entry at a nearby home.

Jon Bieker later died at an area hospital after gunfire erupted when the 
suspects tried to rob him and his wife, who was not shot but suffered minor 
injuries after she was punched in the face.

Johnson County prosecutors have charged Hakeem Willie Malik, 18, Londro Emanuel 
Patterson, 19, Deanthony Armond Wiley, 19, and Nicquan Ke-Aaron Midgyett, 19, 
with felony 1st-degree murder, attempted aggravated robbery and other charges.

During a preliminary hearing Monday, the 1st defendant, Wiley, waived his right 
to a preliminary hearing and said he'll plead guilty at a later hearing. The 
preliminary hearing is scheduled to determine if probable cause exists to take 
the defendants to trial.

Becky Bieker vows to attend every court hearing and do everything she can to 
ensure they serve the maximum amount possible. Prosecutors have not said 
whether they will seek the death penalty.

"I will not be quiet," she said. "I want them to serve the absolute maximum. If 
anything less, then I am going to be a thorn in the DA's side."

(source: kctv5.com)






COLORADO:

Fero's Bar murder trial begins 2nd week in Denver court----Dexter Lewis is 
accused of stabbing to death 5 people at a Denver bar. He could face the death 
penalty if convicted.


The trial of Dexter Lewis, accused of stabbing 5 people to death in a Denver 
bar in 2012, entered its 2nd week on Monday.

Court is scheduled to begin at noon Monday. The major question for the 
prosecution is whether or not one of its star witnesses, Joseph Hill, will take 
the stand.

Lewis, Hill and 2 others are accused of entering Fero's Bar & Grill on Oct. 17, 
2012, intending to rob it. When they left, 5 people had been stabbed to death 
inside. Joseph Hill and his younger brother, Lynell Hill, both pleaded guilty 
and received lengthy prison terms. Lewis - who prosecutors say killed all 5 
victims - has pleaded not guilty. He could face the death penalty if convicted. 
The 4th man, Demarea Harris, was serving as a federal informant at the time and 
was never arrested or charged. Lynell Hill already testified for the 
prosecution, and Harris is expected to testify.

Joseph Hill was to testify on Thursday, but refused. His plea agreement - which 
resulted in a sentence of life in prison without the possibility of parole - 
could be rescinded if he does not testify. That means he, too, could face the 
possibility of the death penalty.

Week 1 of the trial saw extensive testimony from emergency responders and 
Lewis' wife, along with Lynell Hill.

Families of the victims may be called on to testify at some point in the trial. 
The 5 victims were: Young Fero, 63; Daria Pohl, 21; Kellene Fallon, 44; Ross 
Richter, 29; and Tereasa Beesley, 45.

(source: The Denver Post)





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