[Deathpenalty] death penalty news----TEXAS, PENN., FLA., OKLA., ARIZ., CALIF., USA

[Rick Halperin]

Nov. 7



TEXAS:

State To Seek Death Penalty In Shotgun-Slaying Of Local Woman


McLennan County prosecutors announced late Friday afternoon that they'll seek 
the death penalty against James Ray Brossett, 48, of Arlington, who was 
indicted last month for capital murder and attempted capital murder in 
connection with an early-morning shooting on July 6 in a home in the China 
Spring area outside of Waco that left a woman dead and her 18-year-old son 
injured.

Prosecutors made the announcement during a late-afternoon hearing in 54th State 
District Court during which Brossett pleaded not guilty to capital murder and 
attempted capital murder charges.

His request for a bond reduction from $5 million to $500,000 was denied.

Laura Lynn Easter Patschke, 48, was shot several times at close range with a 
shotgun.

Her son was shot in the arm after he heard "the sound of someone forcing entry 
into the house," grabbed a gun and went to his mother's bedroom "where he was 
confronted by a subject shining a flashlight in his eyes," an arrest warrant 
affidavit said.

The teenager, who told investigators he recognized Brossett's voice, ran out of 
the house after he was shot and heard several more shots from inside the home 
while he was running, the affidavit said.

He said he recognized the voice because Brossett "had recently been involved in 
a dating relationship with his mother."

Patschke was shot several times at close range with a 12-gauge shotgun loaded 
with large 000 buckshot rounds, the affidavit said.

Investigators found 12-gauge shotgun shell casings around her body, the 
affidavit said, but later said just five were recovered.

2 other children, a 13-year-old girl and a 16-year-old boy, were inside the 
home when the shooting happened but neither of them was injured.

Patschke was a global deployment, engagement and improvement manager at Shell 
Oil Company where she had worked almost continuously since 1992, according to 
her profile on LinkedIn.

She was a graduate of Lorena High School and Texas A&M University, which she 
attended on a track scholarship, earning degrees in safety and industrial 
engineering.

Authorities say Brossett parked his pickup truck a mile or more from the home 
and made his way through a wooded area along a trail that led to the rear of 
the house.

After the shooting, authorities say, he stole a car that Patschke had rented 
and fled, driving back to where the pickup was parked.

The rental car was found abandoned in a ditch along State Highway 6.

Authorities were searching for Brossett at the time of the shooting and had 
urged Patschke, to leave her home several days before she was killed, McLennan 
County Sheriff Parnell McNamara said in an interview after the incident.

Patschke, however, said she wouldn't leave the house, he said.

McLennan County deputies, police in Arlington and the U.S. Marshal's North 
Texas Fugitive Task Force were all actively looking for Brossett as early as 
July 3 after the sheriff's office obtained warrants for him on stalking and 
violation of bond charges, McNamara said.

Documents show that Brossett was arrested on a warrant charging harassment on 
June 30, posted bond and was released.

2 days later Patschke told an investigator that "she was in fear for her 
safety" after receiving more than 200 texts on July 1 from Brossett that 
indicated he was coming to her home, and additional texts and more than 10 
phone calls from him on July 2.

Warrants were issued for violation of bond/protective order and stalking, and 
those were still active at the time of the shooting.

One of the affidavits issued in the case shows Patschke had made a complaint 
about an assault in which she named Brossett as the attacker, but that case 
remained under investigation and no warrant had been issued, McNamara said.

(source: KWTX news)

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

Judge denies bail in Crawford murder case, DA to seek death penalty


Judge Matt Johnson of Waco's 54th State District Court denied a request from 
James Ray Brossett to lower his $5 million bond after Reyna recounted 
Brossett's extensive criminal past and his obsession with Laura Patschke that 
eventually led to her death.

The stocky Brossett, 48, a former bodybuilder, wore black-and-white jail garb 
to the brief hearing. He pleaded not guilty to capital murder and attempted 
capital murder charges, although Reyna told the court that Brossett has 
confessed to the crimes.

Brossett was free at the time of Patschke's death on 2 bonds related to 
stalking and violating a protective order involving Patschke. He also is 
charged with shooting Patschke's 18-year-old son, Trevor, in the arm during the 
early-morning incident at their home.

Reyna told the court it was no accident that Brossett drove from Arlington to 
Crawford that Sunday night or early Monday morning when Trevor and his younger 
brother and sister had just returned to their mother's home from a holiday 
visit with their father. Brossett intended to kill the whole family, Reyna 
said.

Reyna said Brossett, a stone mason, parked his truck about a mile away from 
Patschke's home on Bosque Ridge Boulevard and walked through the woods. He got 
lost along the way and it took him more than 2 hours to reach Patschke's house, 
Reyna said.

Knowing of Brossett's violent tendencies toward women and their mother, 
Patschke's sons slept with loaded weapons near their beds, Reyna said.

Brossett kicked open a door and went to Patschke's bedroom and fired a shot at 
her.

The boys came running from their rooms with guns, and Brossett shot Trevor in 
the arm, Reyna said. As their sister hid in her room, the boys fled the house. 
Brossett then returned and fired 2 more shots at Patschke, striking the 
48-year-old at close range with his .12-gauge shotgun, he said.

Brossett, who had taped a flashlight onto his shotgun barrel, then went outside 
to look for the children to "finish what he had started," the district attorney 
said.

He later found the keys to Patschke's car and drove it to the Fort Worth area, 
where authorities arrested him.

In arguing against the bond reduction, Reyna told the judge that Brossett was 
free on two bonds when he allegedly committed the murder. Reyna said Brossett 
sent Patschke more than 200 harassing text messages on the day he was freed 
from jail the last time.

Brossett served 3 years in prison after pleading guilty to assault family 
violence with bodily injury in 2003 and has a 1997 conviction for violating a 
protective order. He has 3 other arrests relating to violence against women 
dating back to 1987, prosecutor Michael Jarrett said.

Waco attorney Walter M. Reaves Jr., who represents Brossett with Michelle 
Tuegel, asked the court to set Brossett's bond at $500,000.

Johnson said he will set a status hearing in the case for January. No trial 
date has been set.

(source: Waco Tribune)

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

Juror talks about Gonzalez trial, death penalty decision


1 of 12 jurors in a high profile Bexar County murder trial is giving us an 
exclusive look into what happened behind the deliberation doors.

"It was an obligation we had as citizens," said Tammy Cheatham. "And I think 
everybody in that room took it very seriously."

Cheatham is 1 of 12 jurors in the 1st death penalty conviction for Bexar County 
in 6 years.

Mark Anthony Gonzalez found guilty of murdering Sheriff Sergent Kenneth Vann 
back in 2011.

He was found guilty and a jury sentenced him to death last month.

Cheatham said she never expected to be seated on the jury since the mother and 
wife is also a crime fiction writer.

"I knew the very first day there that it must be something big," she said. 
"Based on the number of jurors in the room."

But she was selected, and it was only then that the weight of the jury's task 
at hand was fully realized.

"It's very hard to think you could potentially have someone's ability to live 
or die in your hands," she said.

The state presented their evidence flawlessly, in her opinion, and she wishes 
more citizens had the chance to see the prosecutor's tireless efforts in 
action.

It took Cheatham and the other 11 just 1 hour to decide guilt.

"You just don't know why he did what he did," she said. "But I have no doubt 
that he did it."

The sentencing portion was more exhausting.

1 week later and during deliberations 3 jurors could not determine whether 
Gonzalez was a threat to society.

"I was 1 of those 3 people," she said.

The other jurors were able to convince her and she said video of a violent 
courthouse outburst by Gonzalez helped.

19 hours later and they determined life in prison was not enough.

"I can't say I don't still think about it," she said. "Because I do."

Going back to her normal life, writing about gruesome crime scenes, she said 
she never imagined the reality could be so much worse.

"Those photos were horrific," she said. "And I don't wish anyone to have to see 
something like that."

(source: foxsanantonio.com)

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

Execution date set for Adam Ward


An execution date has been scheduled for a Commerce man, convicted of capital 
murder for the killing of one of the city's code enforcement officers 10 years 
ago.

Adam Kelly Ward is set to die on the evening of March 22, 2016. Judge Richard 
A. Beacom scheduled the date during a Monday afternoon hearing in the 354th 
District Court.

Hunt County Sheriff Randy Meeks delivered Ward's death warrant to the Texas 
Department of Corrections Tuesday, as the death warrant has to be 
hand-delivered to the agency's director by the sheriff of the county in which 
the conviction occurred.

Last month, the U.S. Supreme Court refused to hear an appeal of Ward's 2007 
conviction and sentence to death by lethal injection for the 2005 death of 
Michael "Pee Wee" Walker.

In January the 5th U.S. Circuit Court of Appeals also rejected Ward's formal 
appeal. Ward's attorneys had argued Ward's trial counsel was deficient. The 
court also denied a writ of habeas corpus filed in Ward's behalf last year.

In the writ, Ward contended his conviction and death penalty sentence were 
unconstitutional because he received ineffective assistance of trial counsel, 
was not tried by an impartial jury, and is severely mentally ill.

The court reviewed the case and in a 63-page opinion denied the writ in a 
unanimous ruling, also noting Ward failed to make a substantial showing of the 
denial of a constitutional right. Ward's defense counsel then filed the formal 
appeal with the court.

The Texas Court of Criminal Appeals, in February 2010 ruling, also denied an 
appeal raised by Ward.

Walker was working as a code enforcement officer for the City of Commerce and 
shortly after 10 a.m. on June 13, 2005 he was taking photos of alleged code 
violations at the home where Ward lived on Caddo Street. The 2 engaged in a 
verbal altercation, which ended when Ward shot Walker as many as 9 times with a 
.45 caliber semi-automatic pistol.

(source: Commerce Journal)






PENNSYLVANIA:

DA: Death penalty on the table for suspect in 1984 rape, murder of Bensalem 
girl


A 55-year-old Florida man could face the death penalty if convicted of the 1984 
rape and murder of a 14-year-old Bensalem girl due to the severity of the 
crime, according to Bucks County prosecutors.

The Bucks County District Attorney's Office could seek the death penalty for 
George Shaw Jr., a former Bensalem resident who is accused of raping and 
murdering Barbara Rowan, said Assistant District Attorney Jennifer Schorn.

Her statement came after Shaw's preliminary hearing was continued Friday so he 
could obtain a lawyer. The next hearing is set for Dec. 4 in front of Bensalem 
District Judge Joseph Falcone.

Schorn did not say how likely a death penalty push would be, saying only that 
it was "not off the table."

During Friday's court appearance, Shaw told Falcone that his family in 
Montgomery County had recently liquidated his assets to hire a private 
attorney. He said he would likely choose between defense attorneys Louis 
Busico, of Newtown, or Robert Mancini, of Doylestown.

But Schorn said the DA's office would likely seek Busico's removal if hired due 
to a potential conflict of interest. Blake Jackman, a defense attorney at 
Busico's firm, previously worked on the Rowan case while serving as a Bucks 
County ADA, she said.

In a move that is usually reserved for the trial, Schorn told Falcone that the 
prosecution would agree to disclose some evidence to the defense before Shaw's 
December preliminary hearing. The evidence includes witnesses the prosecution 
interviewed more than 30 years after the crime, Schorn said following the 
hearing.

Shaw is facing charges of criminal homicide, two counts of rape and possession 
of an instrument of crime. He is in Bucks County prison without bail.

Shaw's alleged accomplice, Robert Sanders, 51, of Stroudsburg, will stand trial 
in Bucks County court. He waived his right to a preliminary hearing Friday in 
front of Falcone in Bensalem.

Sanders, formerly of Hatboro, is charged with 2 felony counts of hindering 
apprehension for allegedly helping Shaw dispose of Barbara's body. He is in the 
county prison on 10 % of $5 million bail and is prohibited from having contact 
with anyone involved in the case, prosecutors said.

During the hour-long hearing for both men, a small group of Barbara's family, 
including her mother, Patricia Rowan, sat quietly in the front row of the 
courtroom. They left the without commenting after the men were taken back to 
prison.

New leads were developed in the investigation in recent years before the 2 
suspects were arrested Oct. 2. Police said Sanders was ready to implicate Shaw 
in the decades-old murder after appearing before a Bucks County grand jury.

(source: Bucks County Courier Times)






FLORIDA----death row inmate dies

Notorious Hernando killer dies while on death row


John William Kalisz, one of Hernando County's most notorious killers, died 
Tuesday while on death row at Florida State Prison. He was 61.

Kalisz fatally shot 3 people in 2010, including Donovan's mother and a Dixie 
County sheriff's captain. He wounded Donovan, causing her to lose the fetus she 
was carrying.

"I don't feel like justice was served, him only being in there for 5 years," 
she said Friday. "I don't know if it would have given me any satisfaction to 
see him put to death, but this doesn't feel like good closure."

In a statement Friday, the Florida Department of Corrections said its Office of 
Inspector General is investigating, which is standard whether an inmate dies 
from natural causes or suspected foul play. The medical examiner will determine 
the cause of death.

No other information was released, but Kalisz's sister, Becky Berarducci, said 
her brother died of natural causes and was in a hospital at the time of his 
death. She declined further comment.

On Jan. 14, 2010, Kalisz walked into his sister Kathryn "Kitty" Donovan's home 
on Wilhelm Road west of Brooksville and opened fire with a 9-mm pistol. He 
killed Kitty and her office manager, Deborah Tillotson, and wounded Manessa and 
Amy Green, an employee at Kitty's home-based business.

Afterward, Kalisz fled north in his van to Cross City. When Dixie County 
deputies confronted him, he shot Capt. Chad Reed in the mouth. Deputies 
returned fire, hitting Kalisz at least 6 times. Reed, a married father of 2 
boys, later died. Kalisz was convicted of his murder in 2011 and received a 
life sentence.

In 2012, it took a jury about 90 minutes to convict the former roofer for the 
Brooksville murders and an hour to unanimously recommend the death penalty.

After the shootings, Kalisz told investigators that his niece and her mother 
were liars, and that he had intended to erase his sister's bloodline.

Months earlier, Kalisz had exposed himself and masturbated in front of Manessa, 
then 17, in his sister's home. He was also accused of giving her nude photos 
and threatening her boyfriend with a knife. He was convicted in 2009 of 
aggravated assault with a deadly weapon and contributing to the delinquency of 
a minor. He got 6 years of probation.

He told friends the accusations and conviction ruined him. Days before the 
murders, Kalisz lost what little he had when his mobile home burned down. The 
recovering alcoholic began drinking again.

Kalisz's public defenders sought a 2nd-degree murder conviction, arguing that 
Kalisz was blinded by his need for revenge. Then they asked for a life 
sentence, citing his difficult childhood, years spent helping other addicts and 
troubled mental state, among other reasons.

The Florida Supreme Court later denied Kalisz's direct appeal. At the time of 
his death, attorneys with the Capital Collateral Regional Counsel in Tampa were 
preparing another round of motions, Assistant Public Defender Devon Sharkey 
said Friday.

"I think it's better for all concerned that he met his death sooner as opposed 
to later, especially for the victims' families that his violent actions 
traumatized and continues to traumatize," said Assistant State Attorney Pete 
Magrino, who prosecuted Kalisz's capital case.

For Manessa Donovan, now 24, the episode remains fresh, but she's moving on. 
She's engaged now and the proud mother of 6 dogs and 2 horses.

"One thing he said was he wanted to ruin my life like we ruined his," she said. 
"He never accomplished that."

(source: Tampa Bay Times)






OKLAHOMA:

Journey to Justice: The death penalty in Oklahoma


There's been no shortage of drama surrounding executions in Oklahoma this year.

A drug mix-up, a slew of lawsuits and a high profile case have put our state 
once again in the national spotlight.

Right now, all executions are on hold while the attorney general's office 
investigates one of its own agencies - the Department of Corrections.

NewsChannel 4's Abby Broyles reports on the death penalty in Oklahoma.

On October 15, 1979, a crime left deep scars on 2 young children from Okarche.

At the Douglass family farmhouse off Highway 3, 2 drifters terrorized mom, dad, 
son and daughter for hours.

Back then, Brooks Douglass was just 16 years old.

???I heard the front door open up, and I looked around and saw Steven Hatch 
standing inside the doorway with a double barrel shotgun," Brooks said. "Then, 
when I turned back around to Ake, he was pulling a 357 magnum out of his boot 
and pointed it right in my face."

The intruders showed no mercy.

Hatch and Glen Ake hogtied Brooks and his parents.

They took his younger sister, Leslie, around the house to grab the family's 
valuables.

They yanked out every phone in the house and even ate the family's dinner.

Then, the real torture began.

Ake took 12-year-old Leslie to a bedroom and raped her.

Next, it was Hatch's turn.

"We could hear her just sobbing from down the hallway," Brooks said. "Of 
course, my mom - her head was right next to mine, and she was just crying."

The nightmare went on for hours before Ake shot each member of the Douglass 
family.

Miraculously, Brooks and Leslie survived.

Their parents' killers were captured about a month later.

The district attorney sought the death penalty.

It was the beginning of a long, emotional road for the Douglass kids.

"Most of the time, you're looking at 10-20 years of your life and, in some 
cases, longer than that are going to be taken up by this whole gauntlet of 
appeals that you're going through," Brooks said. "You could be called back at 
any time to relive everything that happened."

Brooks and Leslie had to relive that terrible night too often, testifying 9 
times over 17 years through multiple trials and appeals.

Emotionally, their lives would intertwine with the 2 cold blooded killers for 
decades.

"I remember nightmares of things that he said very clearly in my head," Leslie 
said.

Only 1 of the killers was executed.

Ake got his conviction overturned by the U.S. Supreme Court.

He had originally pleaded insanity, but an Oklahoma court wouldn't let him take 
a psychiatric evaluation to prove it.

So, he got another trial, and this time was sentenced to life in prison.

"I found out the hard way that victims' rights really didn't exist," Brooks 
said. "In my heart, I felt like something had to change."

Brooks became a state senator and spear-headed a bill that allowed victims' 
families to witness executions.

Some families choose to go, and some don't.

In recent months, controversy surrounding the death penalty and last-minute 
stays have crushed the possibility of closure for the family of Barry Van 
Treese.

His killer, Richard Glossip, has been spared his life 4 times - most recently, 
when the Department of Corrections got the wrong execution drug.

Some legal experts said the Glossip case is reason to take another look at the 
death penalty in our state.

Is it used too often? Is it worth all the expenses surrounding appeals? Is 
there a chance we could execute an innocent person?

"If I'd been the DA at the time, I wouldn't have filed the death penalty on it, 
because I don't think it's solid enough in retrospect to be sure beyond any 
doubt," said legal analyst Andy Coats. "I'm not sure anyone can look at the 
Glossip case and not have a fragment of doubt."

Coats, former DA and dean of OU Law School, is for the death penalty but has 
concerns over how often it's used.

"There have been so many cases in recent times that have made all of us 
uncomfortable with the death penalty, because there are so many people that 
have been charged with the death penalty and turned out they didn't commit the 
crime," Coats said.

Former DA and attorney general, Mike Turpen, has also sent offenders to death 
row.

Now, he wants the death penalty abolished in Oklahoma.

"The implementation of the death penalty in Oklahoma or anywhere else frankly, 
it puts too much pressure on the system," Turpen said. "We can't get it right. 
You can't get it right legally. You can't get it right logistically, and all 
that is so unfair to the victims' families."

It's a fact: Sometimes, juries get it wrong.

12 men have been freed from Oklahoma's death row after their cases fell apart.

But, more than 100 offenders have been executed at the state pen in McAlester, 
including Hatch.

He was put to death for the murders of Brooks' parents, Richard and Marilyn 
Douglass.

Leslie and her brother watched it happen.

"It was strange, because I was watching what was happening in the room and, at 
the same time, it was like I was re-watching that night that my parents were 
murdered," Brooks said.

Brooks and Leslie said witnessing Hatch's execution was an important part of 
their healing process.

"I knew I was never going to have to go back and testify again, that it was 
completely over," Brooks said. "I think there's such an emotional sigh of 
relief. For us, it was 17 years."

It's been nearly 20 years since Hatch was executed.

Opinions on the death penalty have changed.

Of course, executions in our state are on hold right now.

Some legal experts think one day the death penalty may even become an 
antiquated form of punishment in Oklahoma.

"We're one of the last countries in the world that has the death penalty for 
these kinds of crimes," Coats said. "I think there will be a 'rethink' of the 
death penalty - Do we want to do that? I think the tendency will be to slow it 
down."

Right now, 49 offenders live on Oklahoma's death row.

They'll all stay there until at least spring of next year while the state 
attorney general investigates Oklahoma's past 2 executions.

(source: KFOR news)






ARIZONA:

Arizona man gets life in prison for killing nephew, 6


A jury sentenced an Arizona man to life in prison Friday for killing his 
6-year-old nephew after the child witnessed his father's shooting death.

The decision spared Christopher Rey Licon the death penalty and leaves a judge 
to decide whether he will spend the rest of his life in prison or be eligible 
for release after 35 years. Jurors deliberated for 2 days before reaching the 
decision on punishment.

Licon was convicted in mid-September in the 2010 shooting deaths of his half 
brother, Angel Jaquez, and his nephew, Xavier Jaquez. He does not face the 
death penalty in his brother's killing and will be sentenced to 16 to 25 years 
on Dec. 16.

Authorities say Licon shot his brother in the back of the head over a drug 
dispute as Jaquez watched TV at their Phoenix town house, then kidnapped the 
child and shot him 20 miles away in an alley.

Licon was accused of killing his nephew out of fear that the child would snitch 
on him because the boy heard or saw his father die.

The boy, surrounded by a pool of blood, was still wearing his school uniform 
and had a Burger King kid's meal nearby when his body was found by sanitation 
workers. He also was shot in the back of the head.

Licon mounted an unsuccessful insanity defense that would have spared him a 
prison sentence and sent him to the state mental hospital for the rest of his 
life.

Licon's lawyer said his client was in the throes of a psychotic episode on the 
day of the deaths. A prosecutor argued that Licon was well-aware of his actions 
when he carried out the killings and took steps to protect himself, such as 
breaking into an apartment to stash the handgun used in the crimes.

A neighbor witnessed Licon dragging his nephew into a car that would be used to 
bring the child to the alley where he was killed, authorities said.

Licon was in an illegal drug business with Jaquez and acknowledged selling 
drugs in the months before both deaths, prosecutors said.

Licon, then a construction management student at Arizona State University, told 
investigators that he was studying at a library in the Phoenix suburb of Tempe 
at the time his brother was killed. He said he came home to find his brother's 
body in the town house.

But authorities say Licon's alibi collapsed quickly after they interviewed 
neighbors and gathered other evidence.

2 key pieces of evidence were found inside the car used to bring the boy to the 
alley: a 9 mm bullet casing that matched a casing found at Jaquez's home and a 
toy from the Burger King kid's meal.

(source: Associated Press)






CALIFORNIA:

Judge sets 2017 trial in Ceres death penalty case


A judge has scheduled a trial to start 15 months from now for Mark Edward 
Mesiti, who is accused of drugging his teenage daughter and sexually abusing 
her before killing the girl 9 years ago.

The defendant is charged with murder in the death of 14-year-old Alycia Mesiti. 
He also is charged with more than 50 counts of sexual abuse of the teen and 2 
other girls. The abuse of a 17-year-old girl and an 8-year-old girl is alleged 
to have occurred after Alycia Mesiti went missing in August 2006, according to 
filed court documents.

Mark Mesiti, 47, has chosen to represent himself in court, which means he will 
have to make arguments, cross-examine prosecution witnesses and speak directly 
to a jury. Because the prosecution is seeking the death penalty, Mesiti will 
likely be assisted in court by an attorney. The court appoints 2 attorneys for 
indigent defendants in death penalty cases.

Authorities on March 25, 2009, discovered Alycia Mesiti's body buried in the 
backyard of a home on Alexis Avenue in Ceres, where Mesiti's family lived when 
the teen disappeared in August 2006. The defendant had since moved to Southern 
California.

Stanislaus Superior Court Judge Dawna Reeves earlier this week scheduled 
Mesiti's trial to begin Feb. 6, 2017. Reeves will preside over the case through 
the trial. Mesiti was scheduled to return to court Dec. 16 for a pretrial 
hearing.

The murder case has been mired in numerous postponements, including several 
requests by Mesiti seeking new court-appointed defense attorneys. Prosecutors 
obtained a criminal grand jury indictment against Mesiti so the case would skip 
the preliminary hearing phase and move straight to trial. Nearly 2 years passed 
before Mesiti was arraigned on the indictment.

The defendant remains in custody at the Stanislaus County jail. He is being 
held without bail.

(source: modbee.com)

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

The Weekly Poll: Time for California to end the death penalty?


The state of California proposed a new one-drug protocol Friday that could put 
it back in the business of executions. There are 749 convicts on death row at 
San Quentin State Prison, the most of any state in the U.S. California courts 
continue to condemn two death about two individuals a month. There are 16 
inmates on death row who have exhausted their appeals and await execution.

The last execution was in 2006. Shortly after that, a federal judge found the 
state's procedures amounted to "cruel and unusual punishment," banned by the 
Constitution. In the intervening years, the state has remodeled its death 
chamber, and made other adjustments to its execution policies. The single-drug 
protocol proposal, prompted by a lawsuit, is another step to resuming 
executions. Public vetting and legal challenges are expected to take at least a 
year.

A ballot measure to end California's death penalty is heading for the 2016 
ballot. Those opposed, who are angered by what they perceive as foot-dragging 
by the Brown administration in resuming executions, are gathering signatures 
for an opposing measure.

to vote in poll, see: 
http://blog.sfgate.com/opinionshop/2015/11/06/the-weekly-poll-time-for-california-to-end-the-death-penalty/

(source: sfgate.com)






USA:

Why the death penalty needs to go


On Friday night, South Carolina will host a Democratic presidential forum. And 
while the field of candidates may now be down to three, there are still many 
issues confronting this country that need to be discussed. These are critical 
issues that have not received the attention they deserve, but raise questions 
that go right to the heart of who we are as a people.

It would, of course, be a glaring oversight to ignore the struggles South 
Carolina has faced over criminal justice reform -- challenges we as a country 
are all grappling with. However, there is a particular, fundamental flaw in our 
justice system that other candidates appear to lack the commitment to address 
-- our failed reliance on the death penalty. This is a tragedy both because it 
is a racially biased punishment, and also ineffective in deterring crime.

Our nation was founded not on fear and retribution. It was born from higher 
things: freedom, justice, human dignity, and equal rights before the law. And 
so we must ask ourselves: Are these principles compatible with the "civil" 
taking of human life? Are these principles compatible with the very real risk 
of erroneously taking the life of an innocent neighbor? Can we credibly accept 
any criminal justice plan that does not commit to ending the death penalty for 
good?

I believe the answer is clearly no. It is time that we, as a nation, abolish 
the death penalty for good.

Our nation's legacy of slavery and racial injustice find continued offense in 
our use of the death penalty. Our death row population is more than 40% black 
-- nearly 3 times the proportion of the general population.

Reforming our criminal justice system to save and redeem more lives is not as 
simple as changing just one thing. But we should be able to admit that we must 
do more of what works to save lives, and we should stop doing things that do 
not work.

In study after study, in state after state, we see the same distressing 
pattern. The death penalty does not deter crime. It does not even save us 
money. In fact, the death penalty actually costs states more than a life 
sentence does, because of an endless appeals process that tears at the hearts 
of victims' surviving family members.

The vast majority of executions on this planet take place in just a handful of 
countries: Iran, Iraq, Saudi Arabia, Yemen, North Korea, China and the United 
States of America. Our country does not belong in the company of these nations 
on matters of criminal justice and equal rights under the law.

The longer we continue to support this expensive and failed policy, the more we 
fall short of our values as a people -- and the more money we waste that could 
be spent actually saving lives.

My own personal and longstanding opposition to the death penalty is shaped by 
deep belief in the principles of our nation and by my faith. I don't agree with 
the official Church position on every public issue, but I believe that 
perpetuating the death penalty strikes at the heart of the nation we should 
aspire to be -- one that's more just.

The reality, though, is that we will not abolish the death penalty in America 
by following polls. It requires leaders who are willing to call us forward 
based on the deepest principles we share as a nation.

A policy that is as shameful and immoral as the death penalty is not about 
states' rights -- it is about human rights.

Hillary Clinton's failed logic on this issue -- continuing to support the death 
penalty as a state right -- rings all too familiar to me. My advisers told me, 
as I took on the death penalty during my 1st year as governor in Maryland, that 
I was misguided. They encouraged me not to take up this cause, to instead focus 
on issues that poll better and are more popular.

I didn't listen because my faith and my own experience taught me otherwise. As 
mayor of Baltimore, I understood that every minute and dollar spent on the 
death penalty could have been used to protect and redeem lives. As a 
prosecutor, I saw that the death penalty's racial legacy could not be excused 
or explained away -- and that too many innocent lives were being taken by this 
profoundly flawed practice.

So I decided to fight for the death penalty's repeal. We didn't succeed the 1st 
time -- or the 2nd. But after 4 years of making our case to the people of 
Maryland, we finally banned the death penalty on our 3rd try.

Now, in this election, our leaders should be honest with themselves -- and with 
voters. The death penalty is a failed and immoral policy. But while we can 
admit our mistake and work to become a more perfect nation, we need leaders who 
have the courage to act. We must repeal the death penalty under federal 
statutes, including the 1994 crime bill, and every candidate for president 
should say where they stand on this issue.

The choice is really ours. We know what works. We know what does not work. And 
we know that the way forward is always found through greater respect for the 
human dignity of all.

(source: Martin O'Malley, CNN)

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

'Death Penalty For Gays' Literature At Right-Wing Conference


Phillip Kayser is among the several speakers joining Mike Huckabee, Ted Cruz 
and Bobby Jindal at the National Religious Liberties Conference in Iowa this 
weekend, and as we've reported, he, along with the conference's chief 
organizer, Kevin Swanson, has called on the government to execute gay people. 
Kayser's views are so extreme that back in the 2012 election, Ron Paul's 
campaign tried to cover up his endorsement.

However, it seems that in today's GOP, calling for the execution of gay people 
isn't beyond the pale.

At the conference, where he is giving 2 speeches on how local officials and 
others can defy the Supreme Court's marriage equality decision, Kayser 
distributed the very pamphlet calling for the death penalty for gay people that 
caused a stir back when he endorsed Paul. In the pamphlet, "Is The Death 
Penalty Just?," Kayser unsurprisingly concludes that the death penalty is in 
fact just, and lists homosexuality among the offenses deserving of capital 
punishment.

Ironically for a "religious liberties" summit, he also claims that the 
government should treat "breaking the Sabbath," "blasphemy and cursing God 
publicly," "publicly sacrificing to other gods" and "apostasy" as death penalty 
crimes as well.

He writes that government officials are "subject to Biblical statutes and 
judgments," claiming that "Christians should advocate the full implementation 
of all God's civil penalties in every age.... Every Old Testament statue 
continues on the books, and without those statutes, we could not have a 
consistent ethnical standard."

Even "pagan" nations are obliged to follow biblical law, he writes, as "God 
held gentile kings accountable to these civil laws." Kayser believes that the 
government should execute murderers, among whom he includes abortion providers: 
"What could be more pro-life than having the state pass laws establishing a 
certain date after which all doctors who continue to perform abortions will be 
executed? Certainly, a handful of doctors might be killed [pro-death for 
killers], but think of the millions of little lives that would be saved!"

He writes that the death penalty should also apply to those who commit acts of 
blasphemy; apostasy; breaking the Sabbath; sorcery and witchcraft; kidnapping; 
rape; adultery; prostitution; bestiality; and of course, homosexuality.

But don't worry, Kayser has good news for the gays who rather not be stoned to 
death or get "thrown off a cliff," methods he mentions as biblically approved 
ways to execute someone. While "these crimes are so heinous that they deserve 
death in God's eyes," he writes, with cases "of sexual sins, people who kept 
these things to themselves could not be prosecuted because it would require 2 
or 3 witnesses (depending on judicial discretion), the pressing of charges by a 
victim-citizen, the exclusion of government from spying, sting operations, 
etc., and other checks and balances."

Essentially, Kayser says that the government should put gay people to death, 
but only if they get caught.

"Even after a society implemented Biblical law and made homosexuality a crime, 
execution would be rare," he explains, because "the civil government could not 
round them up."

What a relief!

"Only those who were prosecuted by citizen-victims could be punished, and the 
punishment could take a number of forms, analogous to the flexibility in 
dealing with adultery - which ranged all the way from forgiveness, to divorce, 
to death," he continues. "Some people characterize this as a victimless crime 
since homosexuals cannot get married. But there are plenty of circumstances 
(homosexual rape, homosexual incest, homosexual death threats against 
politicians, etc.) where victims might be motivated to bring charges."

Kayser writes that "natural knowledge" endorses the view that homosexuality is 
"worthy of death." "It is not just the sinfulness of homosexuality that is 
known, but also the justice of the death penalty for homosexuality," he said.

"The reason men have an innate sense of justice is because God's law reflects 
not only His holiness but also His justice and goodness (Rom. 7:12). Romans 13 
says that magistrates are subject to all 3."

And remember, this is the kind of literature being promoted at a "religious 
liberty" conference.

(s=ource: Brian Tashman, rightwingwatch.org)



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

Everyday religious questions: Does Christianity condone the death penalty?


Q: I read in the Winston-Salem Journal that 72 % of North Carolinians approve 
of the death penalty. Please comment from the perspective of the Bible.

Answer: I also read the article and was surprised by the high percentage. The 
practice of putting people to death for crimes goes back to the Hammurabi Code 
in the 18th century BC. The code was based on ancient retributive laws. It 
listed 25 crimes punishable by death. The first 5 books of the Old Testament, 
the Pentateuch, are called the Books of Law. It is natural that the laws of 
that time period and culture would be included. One of the crimes about the 
Sabbath is discussed in Exodus 31:14, "You should keep the Sabbath, therefore, 
for it is holy to you. Everyone who profanes it shall surely be put to death; 
for whoever does any work on it, that person shall be cut off from among his 
people." Other capital crimes include homosexuality, disrespect to parents, and 
adultery.

Most countries have eliminated the death penalty. It is still prevalent in 
Iran, Saudi Arabia, China, and America to name a few. Thirty-one states in the 
U.S. retain the death penalty; 19 states have abolished it.

Supporters of the death penalty argue that it is a deterrent, but studies have 
shown this is not true. Another hard fact about the death penalty is that it is 
biased toward race and economic status. The poor and blacks are more likely to 
face death sentences and executions. Some people argue that it is less 
expensive to execute rather than to imprison for life, which is untrue.

In North Carolina, the cost of trials, appeals, attorneys, judges, and actual 
execution is around $2.1 million per case. Since the introduction of DNA 
evidence in the mid-1970's, 150 people on death row have been proven innocent. 
It is ironic that over 80 % of the executions in America are carried out in the 
Bible Belt, including North Carolina.

The death penalty is supported by the majority of Americans and by the Old 
Testament. It is a natural human response to want to punish those who commit 
horrific crimes. Society needs protection from those people who bring harm to 
others. For the safety of society, we have a judicial system to restrict 
criminals, and it can and should be done in a humane way.

We must accept the fact that the Old Testament deals with retributive justice 
and that Jesus introduced the concept of living life with mercy and compassion 
and also warned not to judge unless sinless.

When he and the disciples were confronted for gathering grain and breaking the 
capital law about not working on the Sabbath, He answered by saying "I desire 
mercy, not sacrifice," it says in Matthew 12:17.

Jesus never spoke directly about the death penalty. Therefore, what can 
Christians learn by reading the New Testament?

In John 8:1-12, we are given the story of a woman who had been accused of 
adultery being brought to Jesus. The scribes and Pharisees challenged Jesus, 
saying the law of Moses prescribed death.

Jesus answered that anyone participating in her death should be sinless. 
Everyone departed, and Jesus did not condemn her but advised her "to go and sin 
no more." This passage is taken by some to say that Jesus did not agree with 
the death penalty.

When we look to our churches for guidance, we find that the Roman Catholic 
Church opposes it except in extreme cases.

Most major Protestant Churches oppose the death penalty.

Again, we turn to Jesus and acknowledge that he was a victim of the death 
penalty. Even as a victim, He gave redemptive hope to the thief who was a 
victim of the death penalty. The death penalty is a denial of the Christian 
concepts of redemption and nonviolence. It is simply giving up on human beings 
and killing them. To do so is punitive not redemptive. Redemption is one of the 
core concepts of Christianity without which we all would be in trouble.

Being a Christian means being a follower of Jesus not just in name but in 
actions. To follow Jesus means one must be nonviolent, merciful, and 
compassionate. For guidance, Christians need to read carefully Matthew 5:38-43. 
Based on the life and teachings of Christ, I do not think that capital 
punishment is right for Christians.

(source: Column; Earl Crow taught religion and philosophy at High Point 
University----Winston-Salem (NC) Journal)