[Deathpenalty] death penalty news----ALA., LA., OHIO, IND., MONT., CALIF.

[Rick Halperin]

Nov. 24



ALABAMA----new executiondate

Alabama Supreme Court sets execution date for man in 1992 Homewood rape and 
murder


The Alabama Supreme Court today set Jan. 21 as the execution date for death row 
inmate Christopher Brooks, who was convicted in the 1992 rape and murder of a 
Homewood woman.

Brooks had exhausted his direct appeals and the Alabama Attorney General's 
Office on Sept. 24 asked the Alabama Supreme Court.

The execution is to take place at the William C. Holman Correctional Facility 
in Atmore where the majority of death row inmates are housed.

But John Palombi, assistant federal defender with the Federal Defenders for the 
Middle District of Alabama, said the execution date is too early because 
Brooks, along with other inmates, should be given a chance to continue their 
legal fight against the state's lethal injection method to its conclusion.

"This action is premature," Palombi wrote Monday in an email to Al.com. "Mr. 
Brooks has moved to intervene in an action challenging Alabama's method of 
execution."

Palombi wrote that the Alabama Attorney General's Office has not opposed 
Brooks' motion to intervene. U.S. District Court Judge Keith Watkins approved 
the motion to intervene today.

A final evidentiary hearing for the other 5 death row inmates is set for April 
19, 2016, Palombi stated. "To execute him (Brooks) before then using the 
present method would subject him to a substantial risk of serious harm, as the 
current protocol uses an inadequate anesthetic, a paralytic that causes 
suffocation and a third drug that causes the sensation of being burned alive 
from the inside," he wrote.

If Brooks were to be executed, it would be the 1st in Alabama in more than 2 
years.

Brooks' attorneys have said that Brooks' conventional appeals ended in March 
2014 when the U.S. Supreme Court declined to review his case.

Brooks was convicted in 1993 of murder during the course of a rape, robbery, 
and burglary for killing Jo Deann Campbell. A jury recommended Brooks receive 
the death penalty and a judge sentenced him to death.

According to the appeal court records Campbell and Brooks had met while working 
as counselors at a camp in New York state. On Dec. 31, 1992, her body was found 
under the bed in the bedroom of her Homewood apartment. She had been bludgeoned 
to death, and was naked from the waist down.

DNA taken from semen found in the victim's body, a palm print on one of 
Campbell's ankles, and bloody fingerprints on her bedroom door were all linked 
to Brooks.

A friend of Brooks, who also was at the apartment, was not indicted on charges.

Brooks and other death row inmates this spring had executions stayed pending 
the U.S. Supreme Court's decision in the case of Oklahoma inmate Richard 
Glossip, who along with other inmates, challenged the constitutionality of the 
use of the sedative midazolam in Oklahoma's 3-drug execution protocol.

Alabama was among 13 states to file briefs to the U.S. Supreme Court in support 
of Oklahoma's execution method, which is similar to their own methods.

An injection of 500 milligrams of midazolam hydrochloride is part of Alabama's 
new 3-drug combination used for lethal injections. The other drugs are 600 
milligrams of rocuronium bromide to stop breathing, and 240 "milliequivalents" 
of potassium chloride to stop the heart.

The U.S. Supreme Court, in a 5-4 decision, did not believe the arguments that 
the drug combination including midazolam was cruel and unusual punishment.

The U.S. Supreme Court's ruling is based on facts in the Oklahoma case, not on 
Alabama's 3-drug lethal injection protocol, Brooks' attorneys' argue in their 
response.

(source: al.com)

**********

Capital Murder Possible for Alleged Killer of Pregnant Woman in Mobile


News 5 has learned capital murder charges are possible for Nicholas James. 
Assistant District Attorney Jennifer Wright confirms to News 5 that the filing 
of capital murder charges against Jones is "under review". Capital murder would 
carry the possibility of the death penalty under Alabama law.

New information revealed in court on Monday involving a young woman from 
Mobile, who police say, was shot and killed by her boyfriend. The crime 
happened Friday morning at the Ashford Place Apartments on Grelot Road. Mobile 
Police investigators say Kelwanna Bruno was shot 5 times with a .45 caliber 
handgun inside her apartment. The victim was 22-years-old. Police arrested 
Nicholas Jones the same day. Investigators say Jones called police after the 
shooting and stated he had a cocaine addiction. During his bond hearing on 
Monday, it was revealed the victim was 3 months pregnant with the suspect's 
child.

A judge set bond at $150,000, and $50,000 of it has to be in cash. A quick 
search of Mobile Metro Jail records shows only one prior arrest for Jones. He 
was charged with shoplifting.

(source: WKRG news)






LOUISIANA:

Caddo Parish Elects First Black District Attorney As Spotlight Shines on Death 
Penalty and Jury Selection Controversies


Caddo Parish, Louisiana, known nationally for its aggressive pursuit of the 
death penalty, has elected its 1st black District Attorney. In a November 21 
runoff election conducted against the backdrop of controversial remarks about 
the death penalty by the current DA and a threatened civil rights lawsuit over 
systemic racial discrimination by Caddo Parish prosecutors in jury selection, 
former judge James E. Stewart, Sr. defeated current Caddo Parish prosecutor Dhu 
Thompson, 55% to 45%.

10 days before the election, the Roderick and Solange MacArthur Justice Center 
announced that it intends to sue Caddo Parish over the District Attorney's 
office's practice of striking black citizens from juries at 3 times the rate of 
other jurors. James Craig, co-director of the New Orleans-based non-profit law 
center, called the racially-biased jury strikes "a blight on our criminal 
justice system." A recent study by the human rights group Reprieve Australia 
had revealed that Caddo prosecutors used peremptory strikes against 46% of 
black jurors but only 15% of other jurors. The study showed that Thompson's 
exercise of juror challenges was even more racially disproportionate, striking 
more than 1/2 of all prospective black jurors but fewer than 1 in 6 of all 
other jurors.

Craig said that the announcement of the suit was not intended to influence the 
election: "This is not a problem of 1 person. This is a culture that needs to 
be acknowledged and changed...In the absence of concrete, specific changes in 
the office's culture and approach to jury selection, this practice will 
continue under the administration of either of the 2 final candidates for 
district attorney. For this reason, no matter who prevails in the special 
election this month, the MacArthur Justice Center will proceed with the federal 
civil rights lawsuit that we are preparing to file."

The suit is seeking an injunction to block practices that result in 
under-representation of blacks on juries. In his election-night victory 
remarks, Stewart pledged "to bring professionalism and ethics back to the 
district attorney's office."

(source: Death Penatly Information Center)






OHIO:

Prosecutors seek death penalty in Massillon murders----He is accused of killing 
47-year-old Kimberly Clupper and 23-year-old Kendra Carnes.


Prosecutors are seeking the death penalty against a man accused of fatally 
shooting two women this year in northeastern Ohio.

A Stark County grand jury has indicted Leeroy Rogers Sr. on aggravated murder, 
kidnapping and weapons-related charges.

The Canton Repository reports (http://bit.ly/1YmHBKY ) last week's indictment 
included factors that can lead to a death sentence if Rogers is convicted.

A message seeking comment was left Monday at Rogers' attorney's office.

The 58-year-old Rogers is accused of killing 47-year-old Kimberly Clupper, 
whose body was found April 11 in a Massillon park.

He also is accused of killing 23-year-old Kendra Carnes. Her body was 
discovered Aug. 5 in a creek.

Both women were shot in the head.

Massillon police say a gun used to kill the women was found in Rogers' home.

(source: WKYC news)






INDIANA:

Details released in shooting death of Amanda Blackburn, officials say----2nd 
man charged in Amanda Blackburn's death


Police in Indianapolis announced Monday the arrest of a second man in 
connection with the death of a former Upstate youth pastor's wife.

The pregnant wife of an Indianapolis pastor was shot and killed this week in 
what police are calling a home invasion. The victim was 12 weeks pregnant, 
according to CNN affiliate WXIN.

Jalen Watson, 21, has been charged with murder, felony murder and other charges 
related to the burglary, police said.

A decision hasn't yet been made whether the death penalty will be sought 
against the 2 men facing murder charges in the death Amanda Blackburn.

Marion County Prosecutor Terry Curry said Monday his office will review 
evidence in the coming weeks and meet with the family before making a death 
penalty decision.

Sunday night, police said Larry Taylor, 18, of Indianapolis, was arrested in 
connection with the death of Amanda Blackburn.

WTHR said Taylor is facing 13 charges including 3 for murder, 3 related to 
burglary (with serious bodily injury), theft, criminal confinement while armed 
with a deadly weapon and auto theft.

Investigators said a 3rd man was involved in 2 other burglaries that Watson and 
Taylor committed before they broke into the Blackburn home.

Officers from the department's gang and violent crime units arrested Taylor 
with help from U.S. Marshals. Investigators said they believe Taylor killed 
Amanda Blackburn.

Investigators said they believe the Blackburn burglary and the homicide are 
random crimes and there is no connection between the couple and the suspects.

Taylor is 1 of 4 people questioned in connection with the case.

Watson remains behind bars on an unrelated charge. Watson has not been charged 
in the Blackburn case.

Police Chief Rick Hite said in the release "We are thankful to our federal, 
state and local partnerships that aided in the apprehension of the suspect in 
this terrible and senseless crime. All victims of criminal homicides deserve 
closure, and as a community we must send a collective message that violence is 
not an option."

The Blackburn family has connections to the Upstate. Davey was a former youth 
pastor at New Spring.

Background on shooting, investigation

--Nov. 10: Davey found Amanda shot in the head. He had returned home from the 
gym when he found his wife, officials said.

--Nov. 13: Authorities hold news conference about the investigation. To watch 
the news conference, click here. Homicide detectives say they have surveillance 
video from 2 houses in the neighborhood. Detectives say they believe the person 
caught on camera could be the same burglar who broke into the Blackburns' 
neighbor's house the same morning.

--Nov. 18: Investigators release surveillance image of a person of interest.

--WTHR sources confirmed that Amanda Grace Blackburn was sexually assaulted and 
police said they have DNA evidence.

(source: WYFF news)






MONTANA:

July deadline sought for death penalty decision in murders


Federal prosecutors want until July 1 to decide if they will seek the death 
penalty for an 18-year-old Wyoming man accused of killing a husband and wife on 
Montana's Crow Indian Reservation.

Assistant U.S. Attorney Lori Suek said in a court filing that a decision will 
not be made before defendant Jesus Deniz Mendoza has a chance to offer the 
government any relevant evidence.

A status conference in the case is scheduled for Tuesday before U.S. District 
Judge Susan Watters.

Mendoza, of Worland, has pleaded not guilty in the July 29 killings of Jason 
and Tana Shane near Pryor.

Authorities say the couple was shot after stopping to help the defendant along 
a rural roadway on the southeastern Montana reservation.

(source: nbcmontana.com)






CALIFORNIA:

Death penalty possible in Downey cop killing; charges filed


2 men were charged with capital murder Monday, bringing to 3 the number of 
defendants accused in the shooting death of a Downey police officer killed 
during an apparent botched robbery as he sat in plain clothes in his personal 
vehicle in a parking lot near the police station.

Steven Knott, 18, and Jeremy Anthony Alvarez, 21, were both being held without 
bail. They appeared in court in Downey along with along with a 16-year- old 
Bellflower boy who was previously charged as an adult with the murder of 
Officer Ricardo Galvez.

Abel Diaz, who will turn 17 at the end of this week, is being held in lieu of 
$1 million bail.

Arraignments for the 3 were postponed to Dec. 17.

If convicted of the murder charge, Diaz could face up to life in state prison, 
according to the Los Angeles County District Attorney's Office.

The amended complaint includes the special circumstance allegation that the 
murder occurred during an attempted robbery. Each of the 3 defendants is also 
facing 1 count of attempted 2nd-degree robbery and gang and gun allegations.

Prosecutors have yet to decide whether to seek the death penalty against Knott 
and Alvarez. Diaz is not eligible for the death penalty because of his age.

Galvez, 29, was fatally shot about 11 p.m. Wednesday while sitting in his BMW 
335, clad in street clothes, in a public civic center parking lot adjacent to 
the Downey police station in the 11000 block of Brookshire Avenue. The 5-year 
department veteran died at the scene.

Alvarez, the alleged getaway driver, was taken into custody following a police 
pursuit that ended in the 1000 block of Carob Way in Montebello soon after the 
shooting. He was caught by officers as he tried to run through the backyards of 
some homes.

Authorities said the other 2 suspects were seen fleeing into a nearby home and 
taken into custody by members of a sheriff's special weapons team after 
warrants were obtained.

Outside the Downey courthouse last Friday, Diaz's sister said her brother told 
her he did not shoot Galvez. Maricela Alvarado showed reporters a text message 
Diaz sent her at 11:18 p.m. Wednesday, about 20 minutes after the shooting.

"Mari I love all y'all," the message read. "My homie (expletive) up n did 
something."

Investigators believe the suspects were out to rob someone and were unaware 
that Galvez was a police officer or that they were in a rear parking lot of the 
police station, sheriff's Lt. John Corina told reporters Thursday at police 
headquarters.

A handgun allegedly discarded by one of the suspects was recovered. 
Investigators believe it was used to kill Galvez, according to the sheriff's 
department.

Downey police said Galvez was on duty and returning to the police station from 
a training program during which he acted as a K-9 agitator.

Corina said a Downey police officer in his patrol vehicle heard the shooting 
and chased the suspect vehicle into Montebello, where the suspects bailed out. 
At the same time, another Downey officer came outside and found the fatally 
wounded officer.

Referring to Galvez as "Ricky,' Downey police Chief Carl Charles described the 
officer as "a tremendous young man, who loved serving the residents of Downey."

Downey police spokesman Lt. Mark McDaniel said Galvez is survived by his 
mother, a brother and 2 sisters. Galvez was in the U.S. Marine Corps prior to 
becoming a police officer, serving 2 tours of duty, 1 in Iraq, 1 in 
Afghanistan.

(source: mynewsla.com)