[Deathpenalty] death penalty news----MO., KAN., NEV., WASH., USA

[Rick Halperin]

Feb. 17



MISSOURI:

Missouri attorney general candidate pushes terrorism bills


A Missouri senator running for state attorney general pitched legislation 
Tuesday to change how the state defines and punishes acts of terrorism.

2 of Columbia Republican Sen. Kurt Schaefer's bills describe terrorism acts as 
"for the purpose of, or in a manner of, intimidating or coercing a civilian 
population, influencing the policy of a government by intimidation or coercion, 
or affecting the conduct of a government."

"We really don't have a mechanism to deal with what is a reality now of public 
safety, which is a threat of terrorism in the state of Missouri," Schaefer told 
reporters after the committee hearing.

One bill deals with those convicted of 1st-degree murder after committing an 
act of terrorism, as defined by the legislation. It would require judges and 
juries to consider if the murder was related to an act of terrorism when 
weighing whether to execute the killer.

Schaefer said while convicted first-degree murderers who commit terrorist acts 
could face the death penalty under current law, a list of aggravating 
circumstances that judges and juries now must review during sentencing doesn't 
include an option for what he considers terrorism.

The attorney general's office defends the state in death penalty appeals and 
sometimes prosecutes those cases.

Another measure by Schaefer would define as a terrorist crime seriously 
injuring someone while trying to intimidate or coerce residents or government. 
The penalty would be life in prison without eligibility for parole.

American Civil Liberties Union of Missouri lobbyist Sarah Rossi criticized how 
Schaefer's bills describe acts of terrorism. She worried the state's definition 
is not narrow enough compared with the federal government's. She said that 
might lead to, for example, altercations during protests being prosecuted as 
acts of terrorism.

Schaefer also is pushing a measure to require the attorney general's office to 
oversee screenings of jail and prison volunteers for terroristic tendencies.

When asked if he plans to use his bills during his campaign for attorney 
general, where he faces a potential GOP primary, Schaefer said the legislation 
is "good government."

---

Terrorism bills are SBs 775, 891 and 939.

Online: Senate: http://www.senate.mo.gov

(source: Associated Press)






KANSAS:

Judge OKs 1st-of-its-kind jury questioning in Ottawa killings


Attorneys are headed into unchartered territory.

A mid-trial procedure allowed Tuesday in the Kyle Flack quadruple homicide case 
is without precedent, court officials said.

Franklin County District Court Judge Eric W. Godderz granted a defense motion 
Tuesday that will allow a second voir dire jury questioning between the guilt 
and potential penalty phase to ask impaneled jurors about whether they can 
consider both capital punishment and life imprisonment as penalties.

The procedure is said to be the first of its kind in the history of Kansas 
death penalty trial litigation, stirring concerns about how to conduct the 
process. The framework is expected to be decided during a 9 a.m. March 1 
motions hearing in Franklin County District Court, 301 S. Main St., Ottawa.

Flack, 30, has been in custody since May 8, 2013. He faces capital murder and 
other charges in connection with the spring 2013 quadruple homicide at 3197 
Georgia Road, west of Ottawa. 3 adult bodies were found on the property. The 
4th victim's body, an 18-month-old girl, was discovered in a suitcase in a 
creek near the Osage-Franklin County line.

In Tuesday's hearing, Godderz called the case unique compared to other murders 
involving young children.

"In lots of other cases, there may be reason why," he said. "In this case there 
is none or at least that's how it appears."

The defense is concerned that once details of the case unfold, jurors will make 
up their minds about how Flack should be penalized. Godderz indicated the death 
of the 18-month-old has caused concern for prospective jurors - a factor he 
took into account when allowing the rare procedure.

A 2nd round of juror questioning would try to confirm whether jurors could 
still consider all factors of the case before deciding his sentence. For that 
reason, Godderz said previously it wouldn't be a waste of time.

Timothy Frieden, Flack's leading defense attorney, shed light on a few factors 
he might present in the penalty phase as mitigators including Flack's 
childhood, mental health evaluations and a previous adjustment to prison.

Flack spent time in state prison after being convicted of attempted 2nd-degree 
murder in the May 2, 2005, shooting of Ottawa resident Steven Dale Free, who 
survived the attack but died in December 2011.

If Flack is found guilty of the 2013 crimes, jurors will be instructed in the 
penalty phase to weigh the defense's mitigating factors with the prosecution's 
aggravating factors, such as prior convictions.

Prosecution has repeatedly objected to the 2nd voir dire, stating the 2nd jury 
questioning would come at a delicate stage in the trial. Victor Braden, deputy 
Kansas attorney general, said he would be afraid to unintentionally sway jurors 
with his second set of questions if the 2nd voir dire were granted. However, if 
the request were not granted, a future appeal could raise the question whether 
enough leeway was given to the defense.

"We're in unchartered territory," Braden said.

A whittled-down pool of jurors are expected to appear in district court 
tomorrow to find out whether they will sit on the final panel.

Opening statements from the prosecution are set to begin March 7.

(source: Ottawa Herald)






NEVADA:

Man pleads guilty, faces death penalty in Vegas girl slaying


A 23-year-old man has pleaded guilty to capital murder in a case that shocked 
Las Vegas for its brutality: the rape, torture, killing and mutilation of a 
15-year-old girl abducted on her way home from school.

Javier Righetti pleaded guilty Feb. 11 with no promise that he won't be put to 
death for the September 2011 slaying of Arbor View High School sophomore Alyssa 
Otremba, who had texted her mom that she was walking home.

A jury next month will consider whether Righetti should be executed.

Defense attorney Christy Craig says Righetti decided to spare everyone a long 
trial.

Righetti admits kidnapping, sexually assaulting and stabbing Otremba dozens of 
times before burning her corpse in northwest Las Vegas.

Prosecutors say Righetti told police he wanted to prove he was tough.

(source: Associated Press)






WASHINGTON:

The votes are there: Legislature can end the death penalty


Repeal of the death penalty in Washington state is a matter of when, not if.

Consider the momentum toward repeal in just the last few years. Gov. Jay 
Inslee's moratorium shut down the death chamber, at least temporarily. The 
chorus calling for abolition was joined by the state's most esteemed living 
Republican, ex-Gov. Dan Evans, past prison directors and a growing coalition of 
retired judges.

Just last year, 2 King County juries hearing "the worst of the worst" murder 
cases rejected the death penalty, effectively signaling its end in the state's 
biggest county. And then state prosecutors surprised everyone by asking the 
Legislature to put the issue up for a referendum.

----

Share your thoughts----Do you think the death penalty should be repealed in 
Washington state? Why or why not? Send a letter of no more than 200 words to 
letters at seattletimes.com along with your full name, address and telephone 
number for verification

----

Nationally, a series of horrendously botched executions slowed the 
death-penalty apparatus to a 25-year low. Just 28 death sentences were carried 
out last year.

That makes 2015 the biggest year in death-penalty politics in recent history. 
So what happened when lawmakers went back to Olympia in January?

Nothing.

Bills with bipartisan support in the state House and Senate that would repeal 
capital punishment and replace it with a sentence of life without parole 
haven't even gotten a hearing. The referendum requested by the Washington 
Association of Prosecuting Attorneys hasn't even been filed, let alone heard.

State Rep. Maureen Walsh, a Walla Walla Republican who favors repeal, blames 
the short 60-day session - everyone is looking toward the fall election. "I 
think anything that had the perception of controversy or partisanship wouldn't 
survive well in this session," said Walsh.

And then Senate Republicans spent weeks playing transgender bathroom police.

A big obstacle to repeal is Senate Law and Justice Committee Chair Mike Padden, 
a conservative Republican from Spokane Valley who you can imagine wearing a 
6-shooter on each hip. He told members of the committee he wouldn't give bills 
- even 1 requested by prosecutors - a hearing. Period.

Without a route to repeal in the Senate, Speaker of the House Frank Chopp, 
D-Seattle, quashed a repeal bill. He apparently believes that a vote on the 
hot-button issue could imperil Democrats in swing districts, costing his party 
their razor-thin majority.

Ironically, the repeal bills would probably pass.

The American Civil Liberties Union of Washington's lobbyist, Shankar Narayan, 
said there are now 13 Republican votes for repeal in the House and 5 in the 
Senate. That's probably more than enough to join with Democrats and have 
Washington join 19 other states without a death penalty.

"The votes are there," said Narayan. "The biggest obstacle is the fear of the 
politics from leadership."

State Sen. Reuven Carlyle, D-Seattle, introduced repeal bills for 7 straight 
sessions as a state representative and believes that repetition has paid off. 
"The House has gone through a thought process that forces people to go through 
private reflection on this issue," he said. "It's been an evolution."

The extraordinary cost of the death penalty was a reason that the prosecutors 
wanted it put to a vote and has helped sway fiscal conservatives. A 
comprehensive Seattle University study put the cost at $1 million more per case 
than a life sentence. And that includes the cost of lifetime incarceration.

"No matter where you are on the social spectrum, you have to say it???s 
extraordinarily expensive," said state Rep. Chad Magendanz, an Issaquah 
Republican who co-sponsored repeal legislation. "It's not a good return on 
investment if you're a prosecutor."

In the 35 years since Washington reinstated the death penalty, prosecutors have 
sought capital punishment in 90 of the 268 eligible cases. Juries returned a 
death sentence 32 times.

In cases in which appeals ran their course, the death sentence was reversed 23 
times on appeal, which pencils out to an 80 % error rate. Walsh, Carlyle and 
others in the growing anti-death penalty caucus think that argument will help 
the Legislature finally act on the death penalty in 2017.

That may be too late.

The state Supreme Court has a case teed up next week that could be the vehicle 
for repeal. The appeal of Allen Gregory hits hard on the arguments that capital 
punishment is randomly applied in Washington and is supported by 56 retired 
judges, who joined an amicus brief.

Given the activist, left-leaning streak of the current court, the prohibition 
community thinks the case could result in the end of the death sentence.

But if that is a matter of if, not when, it should be decided outside the 
courtroom. Same-sex marriage was voted on by the Legislature, then the people 
and now it is settled, for good.

The death penalty is a question for the Legislature. Lawmakers are ready to 
answer it. They should get the chance.

(source: Jonathan Martin's column appears regularly on editorial pages of The 
Times----Seattle Times)






USA:

US supreme court: the cases - what happens next and who does it benefit?

Several pending cases with potentially landscape-altering implications on 
issues such as abortion and voting rights will likely be heard by an 8-justice 
court. We look at how Antonin Scalia's death may affect the outcomes


Death penalty

Foster v Chatman: This case deals with a death penalty case in which a black 
man was convicted by an all-white jury after black jurors were systematically 
excluded by the prosecution. The oral argument suggested that the case may be 
sent back to the state courts to address a procedural question. If the court 
does decide on the merits, a deadlock would allow the conviction to stand, 
since the Georgia courts upheld it. However, given the extreme set of facts, 
Kennedy and Roberts would likely join the court's 4 liberals to rule that the 
defendant's 14th amendment rights were violated. Likely outcome: either 
returned on a technicality or liberal win

(source: The Guardian)