[Deathpenalty] death penalty news----PENN., N.C., OHIO, LA., TENN., KY., OKLA., NEB., CAL., USA

[Rick Halperin]

Oct. 17



PENNSYLVANIA:

Death row inmates' suit to continue


A class-action lawsuit by Pennsylvania's 184 death row inmates can continue 
despite objections from attorneys for the Pennsylvania Department of 
Corrections.

The Commonwealth Court on Thursday refused to throw out the lawsuit brought by 
convicted Lehigh Valley mass murderer Michael Eric Ballard and four others on 
behalf of the state's other death row inmates.

They claim the Department of Corrections has illegally changed the drugs it 
uses in lethal injections, which is the method of capital punishment used in 
Pennsylvania.

David Rudovsky, the lawyer for the inmates, say the key issue is whether 
corrections officials can change the drugs used without action by the General 
Assembly.

The Department of Corrections changed the drugs it plans to use because of 
difficulties in getting some drugs from manufacturers who have come under fire 
from death penalty opponents.

(source: Associated Press)






NORTH CAROLINA:

Mother of murdered Elizabeth City woman wants man accused to face death penalty


Clara McPherson pages through a scrapbook of her daughter's life.

She ran across many memories including birthdays, graduation and her 1st job.

But those memories ended years too soon after she was murdered at an Econo 
Lodge back in 2012.

Court documents say her boyfriend, Gerard Patterson, stabbed her several times.

"When I cry by myself, I can hear her say, 'Momma, it's OK, I'm alright.' And 
that's what keeps me going, just knowing where she is," says McPherson.

Patterson is still sitting behind bars.

And the district attorney recently announced he'll be pushing for the death 
penalty.

"I forgive Gerard, but as I said before, he chose his fate. Not me. He chose 
his fate," says McPherson. "I never was in agreement with the death penalty 
back before this happened, but until this comes knocking on your door, that's a 
whole new story," says McPherson.

As for Patterson's side of the story, court documents say he told police 
Shawntae attacked him first.

Her mother is not buying that story.

Nor does she believe he should get off with anything less than the ultimate 
punishment for robbing her of a lifetime of more memories with her daughter.

"We cannot see Shawntae. We cannot share her joy at Christmas time, 
Thanksgiving, the holidays, vacation, all that has been taken away from us."

"So to me -- that's some cost," says McPherson.

(source: WTKR news)






OHIO:

Ohio killers could face resentencing


If you're the loved one of a murder victim, you're paying attention to the Ohio 
statehouse, and so are the 141 people on Ohio's death row.

It's because state lawmakers are deciding whether to keep killers exempt from 
the death penalty. Before trial, a judge would hear the defendants arguments 
about suffering from severe mental illness at the time of the crime.

"I think people now tend to view mental health issues as being the same as 
physical health issues," explained Lori Shaw, a University of Dayton Law School 
professor of Lawyering Skills.

If you ever catch Law and Order episodes, you sometimes see the murder suspect 
plead insanity and they get off scot-free.

This exemption would be very different. Shaw says insanity pleas don't happen 
so easily or often.

It's why the law expert finds this proposed solution for serious mental illness 
interesting and viable.

"I think as a society, if we're convinced that this person truly was ill, not 
putting that person to death is the right thing to do," she said.

This bill could also mean big savings.

The law professor of nearly 25 years explains that it costs taxpayers more to 
carry out the death penalty than to sentence someone to life imprisonment. Life 
without parole would be the maximum sentence in these cases involving severe 
mental illness.

With this latest death penalty bill, some are asking whether some death row 
inmates won't take advantage of the proposed law by faking.

2 NEWS posed that question to Shaw, asking how these retried cases may play 
out.

She suspects, " ... that a large number of them are going to claim that they 
did have a mental illness at the time that they committed the crime."

And this she believes will leave, "a little bit of chaos in the courts."

Despite this potential reality, Shaw believes if passed the bill would temper 
justice with mercy.

(source: WDTN news)

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

Death penalty trial of Eric Hendon expected to begin late this month in 2013 
New Year's Eve triple slayings in Barberton


Summit County prosecutors are expected to begin presenting evidence later this 
month in the capital murder trial of the alleged triggerman in the 2013 New 
Year's Eve slayings of two Barberton teens and their father.

Eric Donta Hendon, 32, of Fawler Avenue in Akron, is charged with multiple 
counts of aggravated murder, death penalty specifications and other crimes.

In August, he was identified as the shooter during the trial that led to the 
conviction of his younger brother, Michael Deon Hendon, 23, for complicity to 
commit aggravated murder.

Opening statements in Eric Hendon's trial, according to a tentative schedule 
released by Common Pleas Judge Amy Corrigall Jones, are planned for Oct. 28 
following the completion of jury selection.

Jones and trial attorneys for both sides were involved this week in individual 
questioning of potential jurors in the judge's chambers regarding issues such 
as pre-trial publicity and their views on capital punishment.

The murder victims - John Kohler, 42; his stepdaughter Ashley Carpenter, 18; 
and her brother, David Carpenter-Kohler, 14 - died of gunshot wounds to the 
head.

Kohler's longtime girlfriend, Ronda Blankenship, 39, was stabbed in the cheek 
and shot in the face, losing her left eye, but survived. She was the state's 
star witness in Michael Hendon's trial.

Blankenship identified Eric Hendon as the man who beat and shot her boyfriend, 
and attempted to kill her.

Barberton police investigators, only days after the crime, also learned from a 
series of interviews with the younger Hendon that his brother was the shooter.

Kohler and the teens, according to prosecution evidence, were killed over a 
stash of marijuana and money that Kohler, a small-time seller, had kept hidden 
in a closet safe at his home.

In other evidence from Michael Hendon's trial, authorities learned that Eric 
Hendon was at the scene of the shootings - a tiny home at the corner of Seventh 
Street Northeast and Lincoln - from a GPS monitor that he was required to wear 
while on parole.

Eric Hendon was released from prison in June 2013 after completing a 13-year 
sentence for shooting a woman. He was 17 at the time, but was tried as an adult 
and eventually pleaded guilty to attempted murder.

Last month, Jones gave Michael Hendon 3 consecutive life sentences with no 
chance of parole.

(source: Beacon Journal)






LOUISIANA:

Penalty phase of convicted killer's trial continues Saturday


The former Natchitoches police officer convicted of killing an ex-friend and 
fellow National Guardsmen has yet to learn his fate.

The penalty phase of convicted killer Robert Barthelemy's trial got under way 
Friday and is set to continue Saturday in Sabine Parish.

Jurors must decide whether to recommend the death penalty.

Those are the same jurors who deliberated for about 2 hours Thursday night then 
found him guilty of 1st-degree murder in connection with the kidnapping and 
slaying of Tony Procell in 2013.

Barthelemy had pleaded not guilty by reason of insanity.

(source: KSLA news)






TENNESSEE:

Death penalty rejects possibility of redemption


Is capital punishment America's unforgivable sin?

Last month by lethal injection Georgia ended Kelly Gissendaner's life, despite 
her conversion to Christianity and her earned certificate in theology. Despite 
the pleas of Pope Francis and of German Reformed "theologian of hope" Jurgen 
Moltmann, who was her friend and correspondent.

Yes, notwithstanding the protests of her sister inmates who came to faith under 
her behind-bars ministry. And even despite the tearful pleas of Gissendaner's 
own children, whose father she once, in a different life, successfully ordered 
murdered.

What is the unforgivable sin? Jesus mentions it only once: "blasphemy against 
the Spirit" (Matthew 12:31; Mark 3:29). To their concerned parishioners, 
imperfect like themselves, pastors and priests have often preached complex 
homilies trying to explain it. But the best definition I've ever heard is 
utterly to deny God's power to forgive sin - either one's own or someone 
else's.

Professional counselors and clergy often find themselves face to face with 
people obsessed with guilt. At times it is false guilt, as when a victim of 
sexual abuse, especially as a child, suffers self-blame long afterwards. And 
some people, having committed a grave transgression or crime, convince 
themselves that they are beyond the reach of God's mercy.

Like the latter was Kara Stephens, whom Gissendaner befriended in prison, along 
with numerous other inmates who, later, pleaded in vain for her life to be 
spared. Once suicidal and placed on lockdown for her own protection, serving 10 
years for armed robbery, Stephens says, "Kelly ... breathed life and hope back 
into us ... urged us to get up and not give up."

Stephens has now completed her sentence and serves on the staff of Mercy 
Junction Justice and Peace Center, a ministry in Chattanooga of the Presbytery 
of East Tennessee.

The world's three great monotheistic religions all affirm that pardon freely is 
available to anyone who repents. "Adonai is merciful and gracious, slow to 
anger and abounding in steadfast love," sang the Jewish psalmist.

"Come to me, all you that are weary and are carrying heavy burdens, and I will 
give you rest," cried Jesus.

Among the 99 names for God in Islam are "The Exceedingly Compassionate," "The 
Exceedingly Merciful" and "The Much Forgiving."

And yet in states such as Georgia and Tennessee that still practice the death 
penalty, the law assumes that some offenders are totally incapable of 
redemption - at least in this life. In effect, we brand them as beyond hope of 
change. Even if they serve the remainder of their days behind bars, we regard 
them as incorrigible.

Legislators, boards of pardon and governors should mark the words of Pope 
Francis when he recently prayed with prisoners in Philadelphia: "All of us have 
something we need to be cleansed of, or purified from. I am first among them."

What an impact for good lay theologian/pastor Gissendaner might have exerted on 
her sister inmates had she been spared to minister to them until her natural 
death behind bars.

Deeply repentant of her crime even in death, Gissendaner sang "Amazing Grace" 
as the toxic mixture entered her veins. Perhaps she recalled Moltmann's words: 
"God weeps with us so that we may one day laugh with him."

(source: Opinion; Dwyn M. Mounger is a retired minister of the Presbyterian 
Church (U.S.A.) who lives in Knoxville----Knoxville News Sentinel)






KENTUCKY:

Prosecutors Plan To Pursue Death Penalty For Men Accused Of Shooting A Marine


The 2 men accused in the murder of a Marine learned Friday that if they are 
convicted, the Commonwealth plans to pursue the death penalty.

The men are accused of killing Lance Corporal Jonathan Price outside of a 
Lexington bar.

Lexington police and prosecutors plan to try and prove that Quincinio Canada 
and Dawan Mulazim not only killed 26-year-old Price, but they shot his wife 
Megan and robbed them both.

Doing so would make both men eligible for the death penalty.

A grand jury indicted Canada and Mulazim just days after the 1 year anniversary 
of the murder.

Police said that 3 months after the murder of Price, the 2 accused men went on 
a lengthy crime spree that included car chases, multiple robberies and even 
another shooting.

Canada and Mulazim both face additional charges in Louisville that are 
unrelated to the shooting. Their attorneys asked the judge to allow them to 
stay in the Fayette County Detention Center which makes it easier for them to 
travel back and forth to their case.

(source: lex18.com)


OKLAHOMA:

Oklahoma won't be executing death row inmates anytime soon


The Oklahoma attorney general's office has reached an agreement that will 
effectively bar the state from scheduling any executions until well into 2016, 
pending an investigation into how the state repeatedly mishandled its lethal 
drug supply and ultimately executed a death row inmate with the wrong deadly 
dose.

In a joint filing to a federal court judge on Friday, attorneys representing 20 
death row inmates have agreed to suspend proceedings to a lawsuit challenging 
the state's execution protocols until the state can ensure it is able to 
effectively carry out capital punishment.

The agreement comes amid revelations that the Department of Corrections used 
the wrong lethal drug combination in the January execution of Charles Warner, 
who was convicted in the 1997 rape and murder of his girlfriend's 11-month-old 
baby. Autopsy results show that executioners mistakenly used potassium acetate 
in Warner's lethal injection - not potassium chloride, as required under state 
protocols.

It's an eye-popping blunder considering that, 1 week before details of Warner's 
execution came to light, Oklahoma officials were caught scrambling hours before 
a separate execution due to the exact same drug mix-up. That execution, of 
Richard Glossip, who was sentenced in 1998 for persuading a co-worker to kill 
their boss, was ultimately stayed. The Oklahoma Court of Criminal Appeals has 
since granted the state's request for an indefinite stay of all 3 of its 
upcoming executions.

Attorney General Scott Pruitt's office is conducting an investigation into all 
aspects of the Department of Corrections' handling of executions. Under the 
agreement filed Friday, no future execution can be scheduled until the 
investigation is complete, the results are made public and there is a 150-day - 
or roughly 5-month - waiting period.

Dale Baich, 1 of the attorneys for the case, expects that it will be at least a 
year before Oklahoma will be able to complete its investigation and comply with 
4 benchmarks outlined in the agreement.

"We've always been concerned about transparency in the process of carrying out 
executions," Baich told MSNBC. "Hopefully these investigations that Oklahoma 
intends to pursue will get to the bottom of what went wrong over the last 
year."

(source: MSNBC news)

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

DOC may have to testify before grand jury in execution drug mix-up 
investigation


No executions will go forward now until next year, while the attorney general's 
office investigates the drug mix-up in McAlester last month.

Now, Attorney General Scott Pruitt could put DOC officials in front of a grand 
jury.

The multi-county grand jury is one of the investigative options available to 
the attorney general's office, and Pruitt has indicated he's prepared to use it 
to get answers from the people calling the shots at the Department of 
Corrections.

The AG is investigating one of its own state agencies.

The drug mix-up that halted Richard Glossip's scheduled execution in September 
has also put DOC officials in the hot seat.

In federal court, Glossip's attorneys have put a challenge against Oklahoma's 
execution process on hold while the AG investigates how the wrong drug - 
potassium acetate - was used on an inmate in January and almost used again on 
Glossip.

"The implementation of the death penalty in Oklahoma, or anywhere else frankly, 
it puts too much pressure on the system," said attorney Mike Turpen. "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."

Former AG and district attorney Mike Turpen has sent offenders to death row, 
but now he thinks lawmakers should consider abolishing the death penalty in our 
state after all the recent problems.

"For the corrections officials to be thrown right in the middle of this, I'm 
going to solve their problem - no more death penalty," Turpen said.

Pruitt wants to put DOC officials in front of a grand jury to answer questions 
about mistakes at the state pen, most recently when DOC said the pharmacy sent 
them the wrong drug, resulting in a 4th stay of execution for Glossip.

Our taxpayer dollars will pay for DOC's attorney.

The agency has hired former AG Drew Edmondson.

Thursday, Edmondson asked a judge to void Pruitt's subpoenas.

Edmondson told NewsChannel 4 a grand jury shouldn't be involved because 
officials have not been accused of a crime.

Pruitt said he'll hand over the results of his investigation to the death row 
inmates' attorneys, then he said he won't seek an execution date until at least 
150 days after that, so it will be sometime in the spring when executions could 
resume in Oklahoma.

(source: KFOR news)

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

1 Innocent Man?


On Nov. 6, for the 4th time in under a year, Richard Glossip will wake up ready 
to be executed - or at least as ready as any man can be who has maintained his 
innocence for 17 years on death row.

In 1997 Justin Sneed, a maintenance worker at a Best Budget Inn in Oklahoma 
City, admitted to killing the motel's owner. Mr. Sneed claimed that Mr. Glossip 
had hired him to murder their boss and was given a life sentence in exchange 
for his testimony against his alleged co-conspirator. After multiple trials, 
appeals, execution dates and last-minute stays, Mr. Glossip was again scheduled 
to be killed on Sept. 30. At the 11th hour, faced with an outpouring of support 
from people convinced of the inmate's innocence (led in large part by Helen 
Prejean, C.S.J., well known for her work to end the death penalty), Oklahoma's 
Gov. Mary Fallin delayed the execution for another 37 days to give correction 
officials time to review the state's lethal injection protocol, which has been 
closely scrutinized after a series of botched executions across the country in 
2014.

In a historic speech before Congress on Sept. 24, Pope Francis renewed his call 
for the abolition of the death penalty, saying, "I am convinced that this way 
is the best, since every life is sacred ... and society can only benefit from 
the rehabilitation of those convicted of crimes." The United States has been 
ranked as high as 5th in the number of executions carried out each year, behind 
China, Iran, Iraq and Saudi Arabia. In Oklahoma, 10 people on death row have 
been exonerated. Even if Mr. Glossip is guilty, Americans must ask what is to 
be gained from his execution. And if he is innocent, what do we as a country 
lose?

(source: America Magazine)






NEBRASKA:

Nebraska to Vote on Abolishing Death Penalty After Petition Drive Succeeds


More than 4 months after the Nebraska Legislature voted to abolish the death 
penalty, a petition drive by supporters of capital punishment in the state has 
succeeded in upending that vote and suspending the new law, the secretary of 
state's office announced Friday.

The petition drive, which collected more than 143,000 verified signatures from 
across the state, will force a statewide referendum in November 2016, when 
Nebraska voters will decide whether the state should have a death penalty.

The announcement was a clear victory for Gov. Pete Ricketts, a vigorous 
supporter of capital punishment and a major financial contributor to the 
petition effort. It was a blow to the coalition of legislators who argued in 
emotional hearings at the state Capitol in May that the death penalty system in 
Nebraska was inefficient, expensive and immoral.

But it also opened up new uncertainties surrounding the death penalty in 
Nebraska: With the repeal law suspended, would prosecutors once again seek the 
penalty when trying murder cases? Could the governor's so far fruitless efforts 
to obtain lethal injection drugs succeed? And could an execution take place in 
the more than yearlong interim before the statewide referendum on the issue 
next November, as Nebraskans continue to be roiled by a debate over the death 
penalty?

"The thing is a total mess," said Eric Berger, a law professor at the 
University of Nebraska, Lincoln, who has written extensively on capital 
punishment. "It's uncharted territory for everybody."

Mr. Berger said that even the current status of the 10 men on death row - 
including whether they are legally on death row at all - could be seen as 
uncertain. "My guess is that this would ultimately be a losing argument," he 
said, "but there's at least a nonfrivolous argument that they could not be 
executed because their death sentences had been removed."

Complicating matters further is a significant legal challenge that could 
invalidate the petition drive. In September, opponents of the death penalty 
filed a lawsuit against John Gale, the Nebraska secretary of state, arguing 
that Governor Ricketts should have been listed as a sponsor of the petition 
effort, as required by Nebraska law, given that he was a major financial 
contributor to the signature drive. The lawsuit says Governor Ricketts 
"personally and/or through his close advisers and agents managed, organized and 
controlled the referendum campaign."

Governor Ricketts personally donated $200,000 to Nebraskans for the Death 
Penalty, the group that organized the petition drive.

A second lawsuit filed in September said the language on the petition drive was 
"unlawfully misleading." The lawsuit, which names Mr. Gale and Doug Peterson, 
the attorney general, says that the question posed to voters through the 
petition drive inaccurately suggests that the death penalty could be replaced 
with a sentence less than life imprisonment.

Laura Strimple, a spokeswoman for the secretary of state, declined to comment 
on the continuing litigation.

Chris Peterson, a spokesman for Nebraskans for the Death Penalty, said in an 
email that over the next several months, the group planned to "defend the 
successful petition drive from frivolous litigation by our desperate opponents, 
and work to ensure that Nebraska voters have their voice heard on this 
important criminal justice issue."

The death penalty has not been used in Nebraska since 1997, partly a reflection 
of Nebraskans' uncertainty about the measure, said Robert Dunham, the executive 
director of the Death Penalty Information Center in Washington.

"There has been for 20 years a great deal of ambivalence about the death 
penalty in Nebraska," Mr. Dunham said. "There has been substantial support for 
abolition, and there have been governors who have been in support of retaining 
it."

Until Mr. Ricketts became governor, he said, previous governors "have expressed 
support for the death penalty, but they have not pushed to execute."

In recent years, state officials have found it impossible to obtain sodium 
thiopental, a barbiturate used to administer lethal injections. In 2011, the 
sole manufacturer of sodium thiopental in the United States ceased making the 
drug.

Mr. Ricketts's administration recently tried to buy $50,000 worth of sodium 
thiopental from a distributor in India, but the shipment was returned to the 
sender. The Food and Drug Administration warned that importing the drug was 
illegal.

Nebraska allows for a lengthy appeals process, making it possible for inmates 
to remain on death row for decades. 1 inmate, Carey Dean Moore, arrived on 
death row in 1980 after being convicted of killing 2 cabdrivers in Omaha.

Opponents of the death penalty vowed to fight until the referendum. Matt Maly, 
coordinator for Nebraska Conservatives Concerned About the Death Penalty, said 
the group planned to hold events in churches and schools to tell voters about 
"the facts of the broken death penalty system."

But he said Mr. Ricketts's continued inability to obtain the necessary drugs 
for an execution kept the situation relatively unchanged.

"There certainly is a little bit of ambiguity right now," he said. "But in 
reality, it's not affecting very much at all. We haven't executed anyone in 20 
years and don't have the drugs for it. Nobody's going to be executed in 
Nebraska anytime soon."

(source: New York Times)

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

Nebraska death penalty will stay on books until voters have their say in 2016


Nebraska's death penalty will stay on the books until voters decide next year 
whether to keep it, the state's top election official has said.

John Gale, the secretary of state, said on Friday that death penalty supporters 
have gathered enough valid signatures to prevent a law repealing capital 
punishment from going into effect until the November 2016 election.

Nebraska lawmakers abolished the death penalty in May, prompting a petition 
drive for a ballot measure to overturn their decision. The issue had already 
qualified for the ballot, but Friday's announcement confirms that the petition 
drive also succeeded in postponing the repeal.

The group Nebraskans for the Death Penalty said it planned to begin a "Repeal 
the Repeal" campaign urging voters to keep capital punishment. Campaign leaders 
will "work to ensure that Nebraska voters have their voice heard on this 
important criminal justice issue", spokesman Chris Peterson said.

A spokesman for the anti-death penalty Nebraskans for Public Safety said his 
group will continue its outreach efforts to voters.

"Nebraska voters will have the same opportunity the legislature did to have a 
thoughtful discussion on whether to bring back a failed system that hasn't been 
used in nearly 2 decades, is not a deterrent, and is a waste of taxpayer 
dollars," spokesman Dan Parsons said.

Death penalty opponents also have filed two lawsuits challenging the ballot 
measure. One lawsuit alleges the measure is invalid because governor Pete 
Ricketts should have been listed as a sponsor of the $900,000 petition drive.

Campaign filings showed Ricketts, a Republican who supports capital punishment, 
donated $200,000 to Nebraskans for the Death Penalty after lawmakers overrode 
his veto of the repeal. Some of the group's managers also are his close 
political allies. Ricketts has denied that he was a sponsor.

Another lawsuit argues that language approved by Republican attorney general 
Doug Peterson's office is slanted in favor of death penalty supporters, because 
it incorrectly implies that 1st-degree murder convicts could face a lesser 
sentence than life in prison if the death penalty is repealed. Peterson's 
office has said the language is clear, fair and impartial.

Petition sponsors needed nearly 114,000 signatures to suspend the repeal and 
place it on the ballot, in addition to meeting signature thresholds in at least 
38 of Nebraska's 93 counties. Gale said county election officials verified more 
than 143,000 signatures, and the petition circulators met the minimum signature 
threshold in 85 counties.

Nebraska hasn't executed an inmate since 1997, and the state currently lacks 2 
of the 3 drugs in its protocol. The department of correctional services spent 
more than $54,000 to buy the drugs from a supplier in India, but the US Food 
and Drug Administration said they can't be legally imported. Nebraska currently 
has 10 men on death row.

(source: The Guardian)

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

Nebraska Death Penalty Intact Until Voters Weigh-In


The counting is finished and Nebraska's Death Penalty will remain on the books 
until voters have their say about what to do next.

Secretary of State John Gale announced Friday that county election officials 
have completed their task of approving or rejecting nearly 169,000 petition 
signatures submitted as part of the petition drive to repeal LB 268 and 
reinstate the death penalty. County certifications have been received by the 
Secretary of State within the 40 days allowed by law.

"Having totaled the valid signatures and determining that the constitutional 
and statutory requirements have been met, we are confirming with petition 
sponsors that both goals of their petition referendum have been achieved," Gale 
said.

The 2016 general election ballot will allow Nebraska voters to decide if a 
legislatively-approved law abolishing the death penalty is repealed or 
retained. In addition, enough signatures have been collected to stay the 
effective date of LB 268 until voters decide the issue.

At least 56,942 signatures were required to add the petition referendum to the 
ballot. Ten percent of signatures, at least 113,883, were required to keep LB 
268 from going into effect. "More than 143,000 signatures were verified to our 
office from counties where signatures were collected, which was more than 
enough to meet each of those thresholds," explained Gale.

In addition, signatures of more than 5 % of registered voters were collected in 
85 of the state's 93 counties. This meets the constitutional distribution 
requirement of 38 counties for a referendum petition.

"Certified letters have been mailed to the sponsors, notifying them as to the 
results of the petition campaign," added Gale.

He went on to explain that the next steps for his office wouldn't occur until 
next year, closer to the election.

"At that time, we will schedule dates for three public hearings to be held in 
each of the 3 congressional districts as well as produce a brochure about the 
death penalty referendum that will be distributed to each of the county 
election offices."

(source: WOWT news)






CALIFORNIA:

Ex-assassin brings message of hope


After spending 17 years in prison, fighting the death penalty, and leaving the 
Mexican Mafia behind him, Art Blajos, an admitted ex-gang member and mafia 
assassin, offers a message of hope in the form of a live drama.

With locals participating in the event put on by Victory Outreach Watsonville, 
Blajos will bring the free performance to the Henry J. Mello Center, 250 East 
Beach St., Saturday at 6:30 p.m.

"Hope came to me when the man I was supposed to kill saved me," the ex-assassin 
said. "I'm here to promote my life story of an event happening 30 years ago. I 
now have a voice and can bring hope to the gang members, the drug addicts, 
letting them know that no matter who they are, they can change."

The drama tells about how Blajos was born in East Los Angeles and illuminates 
what he said was an accumulation of decisions that kept him in trouble with 
Youth Authority and eventually landed him in prison facing death by gas 
chamber.

"They tried to kill me," Blajos said. "They said there was no hope, this young 
man is beyond redemption, he must be put down like the sick animal he is. But I 
am here, changed and transformed."

Blajos credited a man he tried to kill and the "grace of God" for his salvation 
of the soul and body.

"Even though those people meant well, they don't have the final say," Blajos 
said. "In a dark and dangerous place hope came to me."

Blajos now travels the world preaching and reenacting his story for others. He 
said his message for the people is that no matter who they are or what they've 
done, they can change.

"For people caught in the web of violence and gang life, it can be broken," 
Blajos said. "There is a way out."

While he could stop at preaching and sharing his testimony, Blajos said he goes 
a step further to attract people who normally wouldn't come to church.

"They come for the drama," Blajos said. "You never get to see the power of a 
life changed, transformed that ended in good way. It gives people hope that 
they are not trapped or doomed in the situations they find themselves in."

Angelica Martinez, from Watsonville, credits her success in life to Victory 
Outreach and said the drama is for anyone.

"Hate comes in a lot of shapes and sizes," Martinez said. "It doesn't have to 
be as dramatic as Blajos' story, it could just be a broken family. This drama 
is for everyone who just needs something positive in their life. There's power 
in unity."

(source: Watsonville Register-Pajaronian)






USA:

An Eighth Amendment double-header at the Supreme Court


On Tuesday, the Supreme Court heard oral arguments in 2 cases that dealt with 
the Eighth Amendment's prohibition on cruel and unusual punishment.

Discussions about the Eighth Amendment have been reanimated in light of 
Justices Stephen Breyer and Ruth Bader Ginsburg's recent dissent in Glossip v. 
Gross. They argued that it is likely that any form of the death penalty 
violates the Constitution, and expressed interest in hearing a case in which 
the Court can rule on that question.

While the Court has yet to grant certiorari in such a case, both Montgomery v. 
Louisiana and Hurst v. Florida raise serious questions about the nature of 
crime and punishment in America.

In 2012, the Court ruled in Miller v. Alabama that all mandatory sentencing 
schemes which require that "all children convicted of homicide receive lifetime 
incarcerations without the possibility of parole" violate the Eighth Amendment 
ban on cruel and unusual punishment. In light of this ruling, Henry Montgomery 
- who, since 1963, has been serving a mandatory life sentence after being 
convicted of murder at age 17 - challenged his sentence as violating the 
standard set in Miller.

The Court established in 1989 the standard it follows in determining when new 
rules of law, like the Miller decision, apply retroactively. To pass the 
so-called Teague test, a new rule must either completely prohibit a punishment 
that can be imposed on a class of defendants, or be a "watershed rule of 
criminal procedure" impacting the fundamental fairness of criminal proceedings.

The Louisiana Supreme Court decided that the rule in Miller does not meet 
either of those thresholds. It determined that, since the rule only bans 
mandatory life sentencing schemes and not all juvenile life sentences for 
murderer, it does not trigger the first part of the Teague test, nor does it 
amount to a "watershed rule." So the court rejected Montgomery's claim.

Montgomery's lawyers contend that the Louisiana court was wrong on both counts, 
and argue that the decision in Miller ought to be retroactive under Teague. 
While this case deals in technicalities, the Supreme Court's final ruling could 
have important effects on Eighth Amendment jurisprudence and rules governing 
the retroactivity of new rulings.

Oral arguments focused largely on the question of whether or not the Court has 
the authority to hear the case - leading Justice Breyer to wonder aloud whether 
someone still imprisoned for witchcraft would not be released, even though such 
convictions have been ruled unconstitutional. Ultimately, the Justice appeared 
narrowly divided on the merits of the case, suggesting Justice Anthony Kennedy 
may once again prove decisive.

The 2nd case heard on Tuesday was Hurst v. Florida. In 1998, Timothy Hurst was 
arrested for murdering his co-worker and was sentenced to death in 2000. The 
case was appealed to the Florida Supreme Court because Hurst claimed that his 
lawyers did not effectively make clear to the jury the extent of his mental 
incapacities.

The Florida Supreme Court ordered that Hurst be given a retrial; in the new 
trial, the jury voted 7-5 that Hurst was guilty and eligible for the death 
penalty. Following Florida trial procedure, that recommendation was sent to the 
judge, who ultimately affirmed the sentence.

The question at hand is whether this sentencing scheme violates Ring v. Arizona 
(2002), in which the Court ruled that a capital sentencing scheme violates the 
Sixth Amendment if it gives the judge, rather than the jury, the authority to 
determine whether the facts of the case are sufficient to impose the death 
penalty.

Hurst's lawyers explain that reigning precedent in Florida demands that 
"aggravating factors" of the crime need to be identified in order for the 
defendant to be eligible for the death penalty. The jury in Hurst's trial did 
not specifically articulate the aggravating factors that made him eligible for 
the death penalty, while the judge who ultimately decided Hurst's sentence did. 
Since the judge rather than the jury identified the aggravating factors, which 
are necessary for a death penalty conviction, Hurst's lawyers assert that the 
scheme violates Ring.

Briefs were filed by, among others, the Constitutional Accountability Center 
and the American Civil Liberties Union. They assert that, in addition to 
failing to meet the standard under Ring, Florida's sentencing scheme violates 
the Sixth and Eighth Amendments because it does not require a unanimous jury 
for capital sentences.

A decision striking down Hurst's conviction which invalidates Florida's capital 
punishment scheme would be consequential for the state's trial proceedings, 
which has the 2nd largest death row in the nation with 401 prisoners.

At oral arguments, there appeared to be a majority in favor of striking down 
the Florida system. Justices Ginsburg and Elena Kagan, among others, signaled 
concern about the jury's reduced role in determining death-penalty eligibility 
and the lack of a jury-vote requirement larger than a simple majority.

(source: Jonathan Stahl is an intern at the National Constitution Center. He is 
also a senior at the University of Pennsylvania, majoring in politics, 
philosophy and economics----Constitution Daily)

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

SCOTUS AMBIVALENCE TOWARDS DEATH


A sharply divided U.S. Supreme Court upheld Oklahoma's controversial death 
penalty cocktail last term in Glossip v. Gross.

In this Bloomberg BNA video, Georgetown Law's David Cole tells Bloomberg BNA 
that Justice Breyer's dissenting opinion may end up making bigger waves. In 
that dissent - joined by Justice Ginsburg - Breyer suggested that the death 
penalty may no longer be constitutional, and he invited cases that would put 
that issue in front of the justices, Cole said.

The constitutionality of the sentence as a whole hasn't leaked into this term's 
"procedural" capital cases, Cole said, noting that the 6 death penalty cases 
before the justices this term only challenge the process of handing down a the 
sentence.

However, Cole said he has no doubt that lawyers are already teeing up the issue 
for a future SCOTUS showdown.

(source: Bloomberg News)

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

DOJ to decide by spring whether Benghazi suspect will face death penalty 
charges


Benghazi attack suspect Ahmed Abu Khattallah made his 1st appearance in federal 
court since January, in order to ask the court to dismiss some of the charges 
against him.

Escorted into court by 2 U.S. marshals, he was unrestrained, wore a green 
jumpsuit, and is still growing a long white beard. He was silent and attentive 
throughout the hearing, which he listened to through his translation headset.

At one point he appeared to be taking notes on the hearing, but he did not 
share his notes with his team of attorneys.

The Justice Department said that Attorney General Loretta Lynch is expected to 
decide whether to pursue the death penalty against Khatallah by spring 2016. 
Once that decision is made, his trial date will be set - likely in 2017 - which 
could be as long as 5 years after the attack on the U.S. Mission in Libya that 
resulted in the death of four Americans, including Ambassador Christopher 
Stevens.

The 2 sides are still at odds about the length of time the government is taking 
to hand evidence over to Khatallah's defense team. The government contends it 
has handed over most of the evidence, but defense attorneys retorted that they 
have more readily found the documents they've been waiting for on Google, and 
the government still hasn't handed them over.

Friday's hearing focused on the defense motions to dismiss various charges 
against Khatallah. Their arguments are about whether or not the charges are 
appropriate are tenuous and appear to fall into the category of due diligence. 
Judge Christopher Cooper is unlikely to dismiss any of the charges. No decision 
was made on the motions and no new hearing date was set.

More broadly, Khatallah's lawyers claim that the U.S. captured him in violation 
of domestic and international law. Lured to a villa south of Benghazi, 
Khatallah was captured in a 2014 U.S. Special Forces raid that had been 
practiced for months. His lawyers maintain that he was detained and questioned 
by both military and civilian interrogators. They object to the use by U.S. 
officials of that mix of military and civilian policies to obtain intelligence 
from terror suspects that can be used in a civilian trial.

Republicans question handling of Benghazi terror suspect Khatallah

The government argues that sending Khatallah back to Libya would be 
"unprecedented." In a court filing, government lawyers wrote, "[T]he 
apprehension of the defendant in Libya violated no law, treaty or 
constitutional right."

According to the Department of Justice, Khatallah was a senior member of Ansar 
Al-Sharia ("AAS"), an armed militia that holds anti-Western views and advocates 
the establishment of Sharia law in Libya. In court documents, the Justice 
Department claims that Khatallah had expressed opposition to the presence of an 
American facility in Benghazi and said he was going to do "do something about 
this facility."

The government alleges he drove with the attackers to the U.S. Special Mission 
and that Khatallah actively participated in the attack on the Mission "by 
coordinating efforts to turn away emergency responders." They also allege that 
he oversaw the looting of the Mission's office and left the scene in a vehicle 
stolen from the Mission.

Charges against Khatallah were originally filed under seal on July 15, 2013, 
but he was not taken into custody until June 2014. He is charged with eighteen 
counts, including providing material support and resources to terrorists 
resulting in death and attempted murder of an officer and employee of the 
United States.

(source: CBS news)