[Deathpenalty] death penalty news----TENN., MO., COLO., CALIF., US MIL.

[Rick Halperin]

Feb. 9



TENNESSEE:

State will seek death penalty in Memphis police officer';s death


Prosecutors intend to seek the death penalty in the case of the man accused of 
killing Memphis police officer Sean Bolton last year.

Tremaine Wilbourn was arraigned in Criminal Court Monday, and the state filed 
notice that it intends to seek the death penalty, according to documents in the 
case.

The state listed 3 aggravating factors in the decision: the victim was an 
on-duty police officer; Wilbourn has a felony conviction for a prior crime of 
violence, in this case a federal bank robbery in 2005; and the killing was 
committed to avoid arrest.

The tragedy began Aug. 1 in the Parkway Village area when Bolton, who would 
have turned 34 the week after the shooting, pulled in front of a red 2002 
Mercedes-Benz that was stopped on the side of the street. Bolton got out of his 
cruiser and approached the car, police said, but the passenger got out and a 
struggle ensued.

Police say that Wilbourn pulled out a gun and fired at Bolton at close range. 
An autopsy report showed that Bolton was hit 8 times. Police later found drug 
paraphernalia as well as 1.7 grams of marijuana in the Mercedes.

A man who lives in the neighborhood picked up Bolton's police radio and called 
dispatchers for help. Bolton was rushed to the Regional Medical Center in 
critical condition, where the autopsy report shows doctors spent an hour trying 
to revive him, but could not.

After a massive manhunt, Wilbourn surrendered 2 days after the killing. 
Officials have charged Wilbourn, 30, with 1st-degree murder in Bolton's death. 
Although Wilbourn was officially being held on a $10 million bond, a judge 
revoked that potential bond Monday in light of the death-penalty filing. 
Wilbourn is due back in court March 7.

(source: The (Memphis) Commercial Appeal)

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

Death penalty to be considered in Kirsten Williams murder case


It could be years down the road, but Shelby County District Attorney Amy 
Weirich says she is prepared to consider the death penalty in the murder of 
7-year-old Kirsten Williams.

4 men have been charged with 1st degree murder in the April shooting, which 
resulted in the death of the young girl as she played down the street from her 
home.

The preliminary hearing in this case will take place on June 23, but legal 
maneuverings have already begun on both sides.

Weirich explained the upcoming process to FOX13.

"If those charges are murder 1st degree, then the conversation begins with the 
D.A.'s Office about the death penalty and that's a decision that I make in 
meeting with the prosecutors assigned to the case," Weirich said.

FOX13 did some digging regarding both the statistics and recent histories 
concerning death penalty cases in Memphis and Shelby County. Our research 
revealed 3 convicted murderers have been sent to death row since 2010.

We looked specifically at Jessie Dotson, the infamous Lester Street killer of 
six, and Sedrick Clayton, who was convicted in 2014 for 3 murders.

Well before their respective trials, both underwent a mental evaluation. It is 
a process that's apparently being conducted with some, but not all, of the 
co-defendants in the Williams murder.

"The mental exams were on the co-defendants, not on Mr. Stokes," Carlos Stokes' 
Attorney, Marty McAffee, said. "I didn't see any problem at this point. No need 
to have an evaluation of Mr. Stokes at this point."

When the time comes, the District Attorney's office will have to make the call 
of whether or not they want to pursue the death penalty. For those having to 
make the decision, it is not a choice that is made lightly.

"It is a difficult decision to make and it's completely guided by the law of 
the State of Tennessee," Weirich said. "Not everyone in a 1st degree murder 
case is eligible for the death penalty."

(source: Fox News)






MISSOURI:

Missouri Senate debates repealing death penalty


The Republican-led Missouri Senate for the 1st time in years debated a bill to 
repeal the state's death penalty, though the measure is unlikely to advance.

A bipartisan group of lawmakers to implored their colleagues Monday to end 
capital punishment.

Missouri has executed 18 killers in the last 2 years.

Republican Sen. Paul Wieland of Imperial, who is Catholic, introduced the 
measure. He opposes both abortion and the death penalty.

Others who testified in support cited people on death row who were later 
exonerated. Some argued black defendants are disproportionately sentenced to 
death.

Sen. Kurt Schaefer, a Columbia Republican running for attorney general, opposed 
it. He says killers sentenced to death commit the most egregious crimes.

Wieland says he doesn't think the bill has enough support to pass the Senate 
and doesn't plan to bring it up again.

(source: Associated Press)






COLORADO:

Colorado bill would allow death sentence without unanimous vote----Lawmakers 
are considering legislation that would make Colorado 1 of just 3 states that do 
not require unanimous verdicts

5 months after 2 of Colorado's most notorious mass murderers received life 
sentences, lawmakers are considering legislation that would toss the 
requirement that death sentences be unanimous.

The bill would allow a death sentence if at least nine of the 12 jurors vote 
for it. Removing the requirement would put Colorado in the minority of states - 
there are only 3 - that allow for non-unanimous verdicts in capital cases.

A unanimous vote would still be required to convict someone of a crime.

Sen. Kevin Lundberg, R-Berthoud, said he is sponsoring the bill because he 
"wants to save lives" and have a penalty "that will cause the bad guy to think 
twice before they pull the trigger."

"Colorado has a death penalty sentence on the books. But in reality, I think we 
have set the bar so high through the process that it's impossible to actually 
garner a conviction in cases where it is so obviously deserving of the death 
penalty."

But critics peg the legislation - which could still be amended - as an effort 
to make it easier to obtain a death sentence.

"We require the prosecution to prove beyond a reasonable doubt all criminal 
charges to a unanimous jury," said Colorado public defender Doug Wilson. "So 
(under the proposed bill) someone charged with shoplifting would get a 
unanimous jury, and yet when we decide we want to execute one of our citizens, 
we would leave it to a jury of less than 12."

Rarely used in Colorado, the death penalty was center stage last summer as 
prosecutors sought the punishment for two men convicted of 2 devastating 
crimes. The trials of James Holmes and Dexter Lewis stretched on for weeks and 
months but ultimately ended in life sentences for each.

Holmes, who was convicted of killing 12 people and wounding 70 inside an Aurora 
movie theater in July 2012, was sentenced to life during the final phase of 
sentencing, in which 3 jurors did not vote for a death sentence.

Shortly after, during the 2nd phase of Lewis' death penalty hearing, at least 
one member of a Denver jury found that the details of his life suggested mercy 
outweighed the details of the crime that suggested death. Lewis, who was 
convicted of stabbing 5 people to death in a bar in 2012, also was sentenced to 
life in prison.

Currently in Colorado, juries must have unanimous verdicts in each of the 3 
phases of a death penalty sentencing hearing. Under the measure, a minimum of 9 
jurors would be required to move through the first 2 phases and to hand down a 
death sentence.

Death penalty laws in Alabama, Delaware and Florida allow jurors to hand down 
or recommend a death sentence without unanimity. In January, the U.S. Supreme 
Court struck down part of Florida's sentencing process that required judges - 
not juries - to make critical findings and gave judges the ability to disregard 
a jury's recommendation.

The high court has not directly addressed unanimity requirements in death 
penalty cases, but Florida lawmakers are considering legislation that would 
make unanimous verdicts mandatory.

"I'm not gauging my decision on what other states have said. I'm gauging my 
decision on what I have observed in Colorado," Lundberg said, referring to the 
Holmes case. "That proves that our system is inadequate."

Wilson said the legislation would violate defendants' rights and encourage 
prosecutors to file more death penalty cases.

But Arapahoe County District Attorney George Brauchler, who prosecuted Holmes, 
said the proposed change would not increase filings. It would foster a 
much-needed conversation about the death penalty, he said.

"What I would be in favor of is having a conversation about the status of the 
death penalty in the state of Colorado," Brauchler said.

Denver District Attorney Mitchell Morrissey, however, cautioned that, as it's 
currently written, the legislation could cause the state to repeat a previous 
mistake.

In 1995, Colorado briefly switched to a controversial law that allowed a 
three-judge panel, instead of a unanimous jury, to sentence a defendant to 
death. After that system was found to be unconstitutional and the state 
returned to unanimous juries in 2003, a handful of cases that ended in death 
sentences churned in litigation for years.

Morrissey saw the pressure and stress those cases placed on victims and warns 
against passing a law that could cause the same result.

"Why wade into this area when you have a statute that works, that's been 
upheld?" Morrissey said.

The bill is scheduled to go before the Senate Judiciary Committee on Wednesday.

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

Lawmakers debate 2 ways to make death easier in Colorado


Whether the Grim Reaper will register as a lobbyist remains to be seen, but 
Death's agenda is up for debate in 2 forms at the Capitol this week.

One proposed law on tap for legislators would make it easier for juries to 
sentence someone to death. Currently it takes a unanimous vote of all 12 
jurors, but Republican Sen. Kevin Lundberg of Berthoud wants to get that number 
down a little lower. Like, maybe 9. Or 10. Or maybe 11 jurors. But not all 12. 
That just makes executing someone in Colorado too hard, he says. He doesn't 
like the idea that 1 lone holdout could spoil a death sentence.

"If the policy is that the death penalty is appropriate for the worst of 
crimes, then a jury should not be composed of people who disagree with that 
basic point," Lundberg told The Colorado Independent about his bill. Critics of 
the measure say it might not pass constitutional muster, and the bar shouldn't 
be lowered for easing executions.

The senator will make the case for his legislation at 1:30 p.m. Wednesday in 
the Senate Judiciary Committee, according to the Senate calendar.

(source for both: The Colorado Independent)






CALIFORNIA----new death sentence

Killer of 3 Pinoys in LA gets death penalty


The convicted killer of 4 people including 3 Filipinos in a boarding home in 
Northridge, Los Angeles, in 2012 was sentenced to death on Friday, a report on 
the Daily News said.

Ka Pasasouk, 34, was convicted in November for killing Teofilo Navales, Robert 
Calabia, Amanda Ghossein and Jennifer Kim on December 2, 2012. A separate 
report on Northridge-Chatsworth Patch, citing Deputy District Attorney Dan 
Akemon, said the killings amounted to "a robbery gone wrong."

The victims were all shot to death.

The Daily News report said Superior Court Judge Larry Paul Fidler ordered that 
Pasasouk be "put to death within the walls of San Quentin State Prison."

Pasasouk, who the defense said was a victim of abuse as a child growing up in a 
refugee camp in Thailand, showed no visible reaction during the hearing, the 
report said. The defense had requested mercy for Pasasouk, who they said has an 
intelligence level that is "near retardation."

(source: gmanetwork.com)

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

Is it time to put an end to the death penalty in California? Question of the 
Week


Voters in California are more evenly split today on whether the state should 
eliminate the death penalty than they have been in recent memory.

2 years ago, about 40 % of California voters said they favored replacing 
capital punishment with life in prison without possibility of parole. A new 
Field poll found that 47 % of voters today support eliminating the death 
penalty, though another 48 % say they would prefer to see the state move more 
swiftly on executions.

Where do you stand? Tell us by answering our Question of the Week: Is it time 
for California to put an end to the death penalty?

This likely won't be the last time readers will be confronted with this 
question. 2 measures seek a spot on the November ballot: One would abolish the 
death penalty in California (an effort to repeal failed in 2012), the other 
would hasten executions.

Meanwhile, the California Department of Corrections is moving ahead with 
proposed reforms to its execution procedures. It's been 10 years since a 
federal judge halted executions in California and ordered the state to improve 
its procedures, which called for injecting condemned prisoners with a lethal 
combination of drugs. A 2011 attempt to update the 3-drug protocol failed; now 
corrections officials are proposing a single-drug procedure that is still under 
public review.

What do you think?

Are you one of those California voters whose thoughts on capital punishment has 
shifted? What made you change your mind? Are you concerned about the cost of 
housing death-row inmates for decades while they appeal their convictions? Do 
you object to the death penalty on moral grounds? If you are a voter who 
changed your mind, what argument persuaded you most?

Or do you favor speeding up executions in California? Do cost concerns or moral 
issues factor into your position? How so?

Email your thoughts to opinion at langnews.com. Please include your full name and 
city or community of residence. Provide a daytime phone number. Or, if you 
prefer, share your views in the comments section that accompanies this article 
online.

(source: Editorial, Los Angeles Daily News)

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

4th man charged in fatal Downey home invasion robbery


A 4th person was charged last week with killing a Downey real estate agent in a 
home invasion robbery in January, authorities said.

Michael Harrod, a 24-year-old from Anaheim, pleaded not guilty Feb. 2 to 
murder, home invasion robbery and 1st-degree burglary with the person present, 
according to the Los Angeles County district attorney's office. Harrod is a 
white man, according to online sheriff's department records.

3 other men have also been charged in the crime.

Harrod, who is related to a longtime friend of the victim, Jim Rudometkin, 59, 
had known him "for some period of time," said Downey Police Sgt. Kevin 
McCaster.

Harrod was aware that Rudometkin was in the process of moving from his 
childhood home into an apartment, McCaster said.

"They believed him to be of some wealth, and possibly an easy target since he 
wouldn't be there," McCaster said.

Investigators believe Harrod helped plan the break-in at Rudometkin's home, and 
drove the other 3 men there on Jan. 17, McCaster said.

When the men arrived at the home and knocked on the door, they heard a 
television and Rudometkin eventually answered at the side door, McCaster said.

A neighbor saw the suspects push Rudometkin inside the home and called police, 
McCaster said. When officers arrived, the 3 men ran out the back door of the 
home and jumped over a fence. Investigators found Rudometkin inside, 
unresponsive. He had been tied up and beaten, and the cause of death was listed 
as blunt-force trauma and heart disease.

2 of the suspects, Henry Willie Sao, 28, of Long Beach, and Paul Darvais 
Misikei, 18, of Anaheim, were arrested shortly after police arrived. 
Investigators arrested 17-year-old Sakaopo Atanasio Folau of Anaheim on Jan. 
19.

All 3 are charged with capital murder, home invasion robbery and 1st-degree 
burglary with a person present.

Misikei and Sao could face the death penalty if convicted. Folau, who has been 
charged as an adult, is ineligible for execution because of his age. If 
convicted, he faces a maximum sentence of life in prison.

Prosecutors have not yet said if they will pursue the death penalty in the 
case.

The 4 are due back in court Feb. 10 in Department J of the Los Angeles Superior 
Court's Norwalk Court.

(source: Los Angeles Times)






US MILITARY:

New HBO documentary features Hasan shooting


It has been more than 6 years since Nidal Hasan, a former Army major and 
psychiatrist, armed himself and entered the soldier readiness center on Fort 
Hood, killing 13 soldiers and wounding 42 others.

But now a popular streaming and entertainment channel is debuting a documentary 
tonight that sheds new light on Hasan, who was sentenced to death for the 2009 
shooting.

The documentary titled, "Homegrown: The Counter-Terror Dilemma," will premier 
at 9 p.m. on HBO and is directed by Greg Baker.

Military.com reported the documentary is a collaboration between Baker and 
Peter Bergen, the New York Times bestselling author of "United States of 
Jihad," which the documentary largely draws from.

Baker and Bergen previously worked together on the 2013 documentary, "Manhunt: 
The Search for bin Laden," according to Military.com.

In their new documentary, Baker and Bergen speak with Nader Hasan, Nidal 
Hasan's cousin, who said the 2 grew up together near Washington, D.C.

Nader Hasan said his cousin lost both his parents and heard many harrowing 
confessions of possible war crimes from soldiers while he worked at the Walter 
Reed Medical Center.

Apparently, Nidal Hasan became so conflicted about the wars in the Middle East, 
Nader Hasan said he offered to repay his commission and leave the service.

Nidal Hasan was shot by an officer who responded to the shooting and was 
paralyzed from the waist down as a result.

At the end of December, the military finalized Nidal Hasan's record of trial, 
which would begin the process of appeal in his case. In November, John P. 
Galligan, who is representing Hasan in his appeal, said those anxiously 
awaiting Hasan's death may be waiting indefinitely.

"Is the death penalty in this case going to be sustained on appeal?" asked John 
P. Galligan, a criminal defense attorney of more than 30 years in Belton. "I 
say, probably not."

Nidal is currently on death row at Fort Leavenworth, Kan.

(source: Killeen Daily News)