[Deathpenalty] death penalty news----FLA., MO., COLO., IDAHO, ARIZ., ORE.

[Rick Halperin]

Nov. 26



FLORIDA:

Prosecutors cite 5 factors in asking for Mesac Damas to be put to death


Prosecutors intend to cite 5 aggravating factors as the reasons why Mesac Damas 
should be put to death in the killings of his wife and 5 children, according to 
court documents filed Tuesday.

The disclosure of aggravating factors before trial is a routine requirement of 
death penalty cases. None of the 5 factors cited are a surprise given the known 
facts of the case.

Damas is charged with 6 counts of 1st-degree murder in the September 2009 
deaths at his North Naples home. The 39-year-old has confessed to the killings 
in statements to the Daily News.

The 5 factors that warrant the death penalty, prosecutors said, are that Damas 
was previously convicted of a felony involving violence; all 6 of the killings 
were committed in a cold, calculating and premeditated manner; 5 of the victims 
were younger than 12 years old; 5 of the victims were children of Damas; and 3 
of the killings were especially heinous, atrocious or cruel.

No trial date has been scheduled because the case has been temporary put on 
hold pending a U.S. Supreme Court ruling. The high-court case deals with the 
constitutionality of Florida's death penalty laws.

(source: Naples News)






MISSOURI:

MO High Court Tosses 25-Year-Old Death Sentence


The Missouri Supreme Court on Tuesday threw out the double-murder conviction of 
a man who faced the death penalty in the killing of 2 sisters in 1991.

In a 4-3, 118-page decision, the state's high court sent Reginald Clemons' case 
back to the state court.

Clemons was 1 of 4 men convicted of raping and killing Julie Kerry, 20, and 
Robin Kerry, 19. The Kerrys took their cousin, Thomas Cummins, then 19, to the 
old unused Chain of Rocks Bridge spanning the Mississippi River between 
Missouri and Illinois to show him a poem they had written there.

On the bridge they encountered a group of men that allegedly included Clemons, 
who raped the sisters and forced them and Cummins off the bridge. Only Cummins 
survived the plunge into the river.

The majority opinion cited the finding of Michael Manner, a retired judge 
appointed by the court to review the case, who concluded that prosecutors 
wrongly suppressed evidence and that detectives beat Clemons in order to coerce 
a confession out of him.

"Here, the fact that the trial court denied Mr. Clemons' claim in his motion to 
suppress that his confession was physically coerced and allowed into evidence 
Mr. Clemons' confession without having the benefit of [probation officer] Mr. 
[Warren] Weeks' testimony substantially supports the master's finding that Mr. 
Clemons was not given a 'fair trial,'" Chief Justice Patricia Breckenridge 
wrote. "This is particularly true in light of the fact the trial court's 
primary basis for not suppressing Mr. Clemons' confession was because Mr. 
Clemons could not prove at whose hands and when he suffered his injury."

Justices Laura Denvir Stith, Richard B. Teitelman and Special Judge Lisa White 
Hardwick made up the majority opinion. But Justices Paul C. Wilson, Zel M. 
Fischer and Mary R. Russell dissented, concluding there was no failure to 
produce evidence by the state.

"Free to tell anyone what he remembered, Weeks never contacted Clemons' 
counsel, and they never contacted him," Wilson wrote in the 66-page dissent. 
"Clemons, of course, knows best who he met with in the hours and days following 
the interrogation, particularly those who volunteered remarks about an apparent 
injury to Clemons' face. Yet defense counsel made no effort to depose Weeks 
prior to Clemons' suppression hearing and trial, even though the state 
disclosed him as a potential witness and disclosed that he had been working at 
PTR in the early morning of April 8 when Clemons was booked."

Prosecutors have 60 days to retry the case.

In a statement emailed to the St. Louis Post-Dispatch, St. Louis Circuit 
Attorney Jennifer Joyce said her staff would review the decision.

"As this crime occurred almost 25 years ago, we will need to review the state's 
evidence, determine the availability of witnesses and reporting officers in the 
case, and discuss our options with the victims' family," Joyce said. "Once we 
have completed this process, we will then determine the appropriate course of 
action within the allotted period of time."

She added, "Our thoughts and prayers are with the friends and family of Julie 
and Robin Kerry."

A representative for Missouri Attorney General Chris Koster told the 
Post-Dispatch that the office is still reviewing the decision.

(source: Coyurthouse News)






COLORADO:

Dexter Lewis files notice of appeal in Denver bar massacre----Lewis was 
convicted of stabbing five people to death in a Denver bar but avoided death 
penalty in sentencing


Attorneys have filed a notice of appeal for a man convicted of stabbing 5 
people to death in a Denver bar.

In August, a Denver jury convicted Dexter Lewis of killing 5 people inside 
Fero's Bar & Grill. Lewis, now 25, was convicted of 16 charges including 10 
counts of 1st-degree murder - 2 for each of the victims.

But the same jury that unanimously found Lewis guilty of the murders was unable 
to agree on whether he should receive the death penalty. On Aug. 27, during the 
2nd stage of a 3-part sentencing hearing, at least 1 of the jurors found that 
the details of Lewis' life that suggested mercy - including chronic abuse and 
neglect as a child - outweighed the heinous details of the crime that suggested 
death.

Lewis was eventually given 5 consecutive sentences of life in prison without 
the possibility of parole and an additional 180 years.

Young Suk Fero, 63; Daria M. Pohl, 21; Kellene Fallon, 44; Ross Richter, 29; 
and Tereasa Beesley, 45, were killed in the attack on Oct. 17, 2012.

On Nov. 18, Lewis' attorneys filed a notice of appeal and requested court 
transcripts and the case file.

The 3-page filing offered few details about what Lewis' appeal will focus on. 
But the notice did state that the issues addressed in the appeal may include 
issues raised by attorneys during trial, sufficiency of the evidence presented 
and sentencing.

It will likely be months before defense attorneys file an opening brief with 
the Colorado Court of Appeals. That filing will detail the issues attorneys are 
appealing.

Because the details of the appeal are unknown, it is unclear if Lewis could 
face the death penalty a 2nd time, said Christopher Decker, a Denver attorney 
and legal analyst.

"In a very fundamental way, if you raise certain structural issues you're back 
to square one," Decker said.

If the court agrees with the appeal, it can hand down a variety of remedies, 
all depending on what issues are raised. Outcomes can range from overturning a 
conviction and ordering a new trial for a big error to simply correcting the 
record for a small mistake.

If Lewis' attorneys appeal fundamental issues with his trial - such as problems 
with the jury or major errors by the judge - and a new trial is ordered, he 
could possibly face the death penalty again, Decker said. It is less likely the 
death penalty will be at issue if Lewis' attorneys appeal smaller points within 
the trial itself, such as evidence or testimony that was admitted.

"It is likely that Lewis' attorneys have carefully gone through the issues of 
appeal and will limit them to those that will only relate to a new trial and 
not the sentencing," Decker said.

The day before the jury was unable to agree on a sentence for Lewis, a judge in 
Arapahoe County sentenced James Holmes to life in prison for killing 12 people 
and injuring more than 70 others in an Aurora movie theater. The jury in that 
case was also not unanimous and as a result Holmes was spared the death 
sentence.

Defense attorneys announced in August that they would not seek an appeal for 
Holmes. The final deadline for them to do so was Nov. 18.

Lewis' appeal is being handled by attorneys with the Colorado Public Defenders 
Office, which also represented Lewis during trial.

Brothers Joseph and Lynell Hill were charged with similar counts in the murders 
and accepted plea agreements before Lewis' trial.

Joseph Hill, who was sentenced to life in prison without parole, violated his 
plea agreement and refused to testify during Lewis' trial. Lynell Hill was 
sentenced to 70 years in prison.

A fourth man connected to the crime, Demarea Harris, was working as a 
confidential informant for the Bureau of Alcohol, Tobacco, Firearms and 
Explosives at the time of the attack and reported it to his handlers hours 
later. He was never charged or arrested in the case.

(source: Denver Post)






IDAHO:

Deadline to file for possibility of death penalty against John Lee extended 
again


The deadline for prosecutors to decide whether or not they will seek the death 
penalty in the case against alleged Moscow shooter John Lee has been extended 
again.

The Latah County Prosecutor's Office will now have until Jan. 16 to decide if 
it will pursue the possibility of the death penalty. The newly approved 
deadline by Latah County 2nd District Court Judge John Stegner also includes 
any pretrial motions or briefs by both sides.

Lee, 29, of Moscow faces 3 counts of 1st-degree murder for the deaths of his 
adoptive mother, Terri Grzebielski; landlord David Trail; and Belinda Niebuhr, 
and 1 count of aggravated battery by use of a deadly weapon for injuring 
Michael Chin.

The request to extend the deadline was supported by both the prosecutors and 
defense attorneys that more time is needed to further investigate circumstances 
of the case, the defendant and to have "sufficient information to better 
determine the scope and extent of potential statutory aggravating factors and 
mitigation." According to court documents, both sides remain actively engaged 
in review of voluminous materials in the case.

The deadline had previously been extended to Dec. 1 with a similar request for 
more time to review case materials.

If the death penalty is not sought in the case and Lee is found guilty, he 
still faces a minimum of 10 years in prison and a maximum of life for 
1st-degree murder. An additional 15 years could also be added on to the 
sentence for the use of a firearm in the commission of the crime.

Aggravated battery carries a maximum sentence of 15 years in prison, plus 15 
additional years for the firearms enhancement. All four charges also have the 
possibility of a $50,000 fine and a $5,000 civil fine to the victims.

Lee's next court hearing is scheduled for Feb. 16 in Latah County 2nd District 
Court.

(source: dnews.com)

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

Death penalty deadline extended in Renfro case----Prosecutors still have yet to 
decide if they will seek the death penalty against Jonathan Renfro


A district judge says prosecutors have until the New Year to decide whether to 
pursue the death penalty of an Idaho man who is accused of killing a police 
officer and stealing his patrol car in northern Idaho.

The Spokesman-Review reports that District Judge Lansing Hayes extended the 
capital crime deadline until January 4 on Wednesday. The deadline was 
previously set to expire on Friday.

Investigators allege that Jonathan Renfro, who was on parole, shot Coeur 
d'Alene Police Sgt. Greg Moore on May 5 as the officer questioned him because 
he feared Moore would find a handgun in his pocket - a parole violation.

Moore died later that evening.

John Adams, Renfro's lawyer, has also filed a motion seeking to exclude 
cellphone evidence from the trial.

(source: Associated Press)






ARIZONA:

Prosecutor fighting motions in Rector case


The prosecutor in a Bullhead City death penalty case filed his response to 
three previous defense motions.

Justin James Rector, 27, is charged with 1st-degree murder, kidnapping, child 
abuse and abandonment of a dead body. He is charged with the murder of 
8-year-old Isabella Grogan-Cannella on Sept. 2, 2014 and leaving her body 
buried in a shallow grave near her Lakeside Drive home.

Deputy Mohave County Attorney Greg McPhillips responded to one defense motion 
by arguing that the state has disclosed victim impact evidence and is currently 
collecting additional victim impact evidence to be released soon. The 
prosecutor said that Rector's attorneys, Gerald Gavin and Ron Gilleo, are 
wasting the judge's time by filing motions instead of asking McPhillips for 
evidence requests.

McPhillips also asked the judge to deny a defense motion to excuse any juror 
who cannot consider mitigation evidence during the penalty phase of the trial 
if Rector is convicted of murder. All parties agree that a juror who refuses to 
consider mitigation factors or who automatically votes for the death penalty 
should not sit on a jury. The judge should not be striking jurors 11 months 
before the trial, the prosecutor argued.

McPhillips also asked the judge to deny a defense motion asking the judge to 
record his reasons for overruling any objections raised by the defense 
attorneys during the trial.

Superior Court Judge Lee Jantzen has denied about 90 % of the previous defense 
motions that Gavin and Gilleo have filed so far.

The defense attorneys have filed about 5 dozen motions on behalf of Rector 
since they took the case in March.

Rector's next status hearing is set for Dec. 9. Rector's 10-week murder trial 
is set to begin Oct. 17, 2016, with a pre-trial hearing set for Aug. 23, 2016.

(source: Mohave Valley Daily News)






OREGON:

Florida chaplain to speak out against death penalty in Oregon; Says Bible used 
wrongly for justification


A Catholic death row chaplain from Florida will visit Oregon March 13-17 to 
give talks on the death penalty.

Catholic teaching has solidified in past decades, holding that the death 
penalty is no longer necessary to protect society. Many Catholic groups oppose 
executions as part of a consistent ethic of life. Archbishop Alexander Sample 
has spoken out in opposition to the death penalty.

Dale Recinella, also an attorney, will start with a talk at University of 
Portland March 14. His schedule is still being finalized, but he is expected to 
appear in Portland, Salem, Eugene, Corvallis and elsewhere.

Ron Steiner, head of Oregonians for Alternatives to the Death Penalty, is 
issuing a special invitation to high school students to attend the talks. He 
hopes to have a measure on the 2018 ballot to abolish the practice, which has 
been put on hold in Oregon.

Recinella is chaplain for Florida's death row and solitary confinement. In his 
talks around the nation, he counters those who use scripture to justify 
executions.

"The death penalty's continued existence in the U.S. is inextricably tied to 
mistaken notions that God demands it," Recinella told a New Hampshire crowd in 
2012. He calls those notions "flawed applications of Divine Revelation" similar 
to past justifications for slavery.

Recinella says prosecutors in the U.S. have been using Bible quotes to obtain 
death sentences from juries for years and that their theology is bad.

Recinella also points out botched executions and that sometimes states kill the 
wrong person. Life in prison is far cheaper than prosecuting a death penalty 
case, he says.

His wife Susan, a psychologist, counsels families of murder victims and 
families of executed inmates. They often speak together.

(source: Catholic Sentinel)