[Deathpenalty] death penalty news----TEXAS, N.C., GA., FLA., LA.

[Rick Halperin]

July 12



TEXAS:

Jury selection date set in capital murder case


The case of a man charged with capital murder in the death of a 5-year-old 
child has been scheduled for jury selection almost exactly 2 years after the 
girl's death.

Isidro Miguel Delacruz, 26, of San Angelo went before 119th District Judge Ben 
Woodward for a hearing Monday, his 9th appearance at the Tom Green County 
courthouse since December 2014.

2 more pretrial hearings are scheduled on August 2 and 22 before jury selection 
on August 29. No trial date has been set.

State prosecutors and the defense counsel both asked the court for time to 
acquire personal files of Delacruz's family from Child Protective Services and 
to analyze records recently released by the Texas Department of Public Safety, 
which might be used as evidence or to prepare for trial.

Delacruz is accused of cutting the throat of Naiya Bermea on Sept. 2, 2014, at 
her home in the 2700 block Houston Street.

51st District Attorney Allison Palmer intends to seek the death penalty. 
Delacruz's attorney is Robert Cowie.

Delacruz has been in jail since September 2014.

(source: gosanangelolive.com)

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

Defense for Alleged Murderer Isidro Delacruz Attempts to Quash Death Penalty


Alleged capital murderer Isidro Miguel Delacruz, 25, attended Judge Ben 
Woodward's 119th district court once again for a pre-trial today. The court 
further addressed accusations that claim Delacruz slit the throat of his 
ex-girlfriend's 5 year-old daughter, Naiya Villegas. Delacruz has had at least 
5 pre-trials for this case since the crime occurred on September 2, 2014.

Defense attorneys Robert R. Cowie and William P.H. Boyles of Lubbock 
represented Delacruz in court today. Much of today's pretrial addressed motions 
from the defense to preclude the death penalty. The motions claim that the 
jurors are not informed of certain rules, that 'death qualification' inherently 
selects 'guilt-prone' jurors," and the statutory definition of mitigating 
evidence is not satisfactory. Additionally, certain legislation involving the 
death penalty is unconstitutional, among other claims. As the motions were 
presented, the attorneys for the state, District Attorney Allison Palmer and 
Assistant D.A. Megan White, gave their rebuttals.

Eventually, the defense decided to address some of the motions out of court 
with the State. After hearing the defense's motions, Woodward scheduled another 
pre-trial for August 2 at 1:30 p.m. He said the additional pretrial "might be 
helpful" for the case. The court will also meet again for a previously 
scheduled pre-trial on August 22.

Further in the future, the jury panel is scheduled to report on August 29 at 
9:00 a.m. Furthermore, the jurors will be individually examined on September 
12. Finally, the trial will begin on October 31, and is estimated to go on for 
a week. If Delacruz is found guilty, testimonies concerning Delacruz's 
punishment are expected to last 2 1/2 weeks before Thanksgiving begins.

(source: sanangelolive.com)






NORTH CAROLINA:

Death penalty sought in NC killings of 2 young women and man


The Buncombe County district attorney says he is seeking the death penalty 
against a man in the deaths of 2 young women and a man in late 2015.

The prosecution against Pierre Lamont Griffin was declared a capital case on 
Monday, officials said.

Griffin, 23, is accused of murdering of Alexander King, Tatianna Diz and Uhon 
Johnson in Buncombe County.

He is also charged with attempted robbery with a dangerous weapon in Henderson 
County.

Prosecutors say Pierre Lamont Griffin's new charges come from events that began 
in Buncombe County and ended with an attempted armed robbery and law 
enforcement then shooting Griffin in Henderson County, North Carolina on Oct. 
27, 2015.

Tatiana Diz, 20, and Alexandra King, 22, were both found dead in the French 
Broad River in early Nov. 2015 after disappearing days earlier.

The women had been missing since the night of Oct. 27, 2015, when they left 
their home and gave a man a ride to apartments nearby.

A shooting happened in or around a Volkswagen Jetta owned by Alexandra King, 
Asheville Police said.

The man who was given a ride by the women is charged with fatally shooting a 
man that same night - the 3rd victim, Uhon Johnson.

The abandoned VW Jetta was found bloodied and with a gunshot hole in the 
passenger headrest.

Officials say North Carolina law provides that when acts that constitute part 
of the commission of a crime occur in more than 1 county, each county has 
concurrent venue, and jurisdiction, of the charges.

"In that the most serious events in this tragic sequence occurred in Buncombe 
County where the family, friends, and loved ones of the victims reside, I want 
to thank DA Newman for deferring to us here in Buncombe County so that we may 
seek justice for the victims and their families locally without putting them 
through 2 separate trials in 2 separate counties," Buncombe County District 
Attorney Todd Williams said.

A Buncombe County Grand Jury had already indicted Griffin on 3 counts of 
1st-degree murder, 2 counts of destroying a body or remains concealing an 
unnatural death, 2 counts of robbery with a dangerous weapon, misdemeanor flee 
to elude arrest, and reckless driving to endanger for crimes alleged to have 
occurred within Buncombe County.

Police say he killed Uhon Johnson in Buncombe County, stole a car, and led 
deputies on a chase.

(source: WNCN news)



GEORGIA----impending execution

Lawyers argue for clemency for John Wayne Conner


Lawyers for convicted killer John Wayne Conner argue his childhood was a 
product of "violence, incest, poverty, depression, academic failure and mental 
impairment."

The state Board of Pardons and Paroles on Tuesday released the clemency 
petition for Conner, who is scheduled to die Thursday night.

He was convicted in 1982 of killing a friend, J. T. White, in Telfair County, 
after a night of drinking and marijuana smoking.

His lawyers argue that Conner's case is "a relic of a bygone era," when 
death-penalty defendants were often poorly defended.

His original trial lawyer, they say, had no previous death-penalty experience 
and presented no evidece at trial.

His pro-bono appeal lawyer, according to the petition, was granted "zero 
resources" to investigate the case and defend him.

They say jurors and judges never heard the "shocking and tragic story," of 
Conner's childhood in Milan, including sexual abuse.

In prison, his lawyers write, Conner has become a "valuable, productive & 
peaceful" member of prison community & found relationship with God.

His lawyers argue that Conner's childhood, which included sexual abuse does not 
excuse his crime. But they say it explains how he became so steeped in drugs, 
alcohol and violence "that he drunkenly beat a friend to death in reaction to a 
lewd comment."

The state parole board has scheduled a clemency hearing for 9 a.m. Wednesday in 
Atlanta. He is scheduled to die by lethal injection Thursday night at the 
state's death-row prison in Jackson.

(source: WMAZ news)






FLORIDA:

Florida's pending death penalty cases in limbo


Dozens of death cases across Florida remain in limbo after 3 judges have 
declared the state's new sentencing scheme unconstitutional. The question 
keeping some from going forward is whether or not a 10-2 jury death 
recommendation is constitutional.

Florida, Alabama, and Delaware are the only death penalty states that don't 
require unanimous jury verdicts to sentence someone to die.

"There are 3 states who are outliers," said Florida Supreme Court Chief Justice 
Jorge LaBarga from the bench last month while it considered a death sentence 
declared unconstitutional in Osceola County.

3 circuit judges have ruled the law unconstitutional. But the Florida Supreme 
Court has gone on break for the rest of the summer without deciding whether the 
judges were right or wrong.

"My name is Ted Bundy."

Prosecutors invoked the serial killer's name during the spring legislative 
session to argue against unanimous verdicts. Bundy went to the electric chair 
on a 10-2 vote.

Prosecutors repeatedly told lawmakers that requiring unanimity put too much 
power in 1 juror's hands.

???"1 person with total veto power, that's a bad thing," says Second Judicial 
Circuit State Attorney Willie Meggs.

The State Senate originally held out for a unanimous decision to sentence 
someone to death, then it compromised, says Senate President Andy Gardiner 
(R-Orlando).

"The alternative is, you have no guidance to give to state attorneys when it 
comes to these cases in the future if we hadn't gotten something done," 
Gardiner said.

"Or there would be no death penalty?" we asked.

"Exactly," Gardiner told us.

Each of the state's 20 prosecutors is dealing with the uncertainty differently. 
Some are moving full speed ahead, but others, like Meggs, are not.

"Until they clarify it and make a decision and rule, we're kinda gonna be in 
this limbo land," Meggs said.

And 100 or more pending death cases could be impacted by what the state supreme 
court eventually decides. Prosecutors say there are 13 pending death cases in 
Pensacola, 23 in Jacksonville, and 7 or 8 in Tallahassee. Other state attorneys 
did not respond to our email.

While prosecutors pointed to Ted Bundy as a reason not to require unanimous 
jury verdicts, 2 other serial killers, Aileen Wuornos and Danny Rolling, both 
went to their deaths with unanimous jury recommendations.

(source: WCTC news)






LOUISIANA:

Change of venue granted in Kevin Daigle jury selection


Judge Guy Bradberry granted a change of venue for Kevin Daigle due to extensive 
publicity, but only for jury selection.

Daigle is charged with the 1st-degree murder of State Trooper Steven Vincent 
and the 2nd-degree murder of Blake Brewer, but the cases will be severed - or 
tried separately. The Vincent 1st-degree murder trial will be 1st.

The jury will be picked in Benton La., which is in Bossier Parish - the 26th 
Judicial District - and then brought to Calcasieu Parish for the evidence part 
of the trial.

The judge also heard arguments from both sides on whether the September 19th 
trial date should be continued to a later date. The state is seeking the death 
penalty if Daigle is convicted of 1st degree murder.

Because executions are irreversible, death penalty cases require the most 
exhaustive defense preparation - investigation, hiring of expert witnesses and 
research. Subsequent appeals usually last for years.

One issue likely to be probed is Daigle's mental health. And even if he does 
not use an insanity defense, his attorneys say mental issues could potentially 
prevent Daigle from receiving the death penalty.

However, prosecutor Rick Bryant argued the case is moving at a "dead snail's 
pace" and said the case needs to go forward. He also brought out that the the 
state agreed to the change of venue.

Bryant characterized it as the "I'll let you know when I'm ready to go" 
defense.

After hearing both sides, Bradberry reiterated his belief that "justice delayed 
is justice denied." But he admitted a September trial date may have been overly 
ambitious and continued Daigle's trial to March 13, 2017.

Still, the judge indicated he will require that both sides move forward 
efficiently without undue delay.

Vincent was killed Aug. 23, 2015. Brewer was killed prior to Vincent - on or 
about that date.

(source: KPLC TV news)

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

Man accused in killing wife with baseball bat enters not guilty plea by reason 
of insanity


David Johnson Sr., who is facing a 1st-degree murder charge in the beating 
death of his wife in the backyard of the couple's Geismar home in August, 
pleaded not guilty by reason of insanity on Monday.

Johnson, wearing an orange jail-issued jumpsuit and handcuffs, entered the plea 
before state Judge Thomas Kliebert Jr., of the 23rd Judicial District, at the 
parish courthouse in Gonzales.

Johnson, along with Rusty Messer, 1 of his attorneys, and Assistant District 
Attorney Shawn Bush, met with the judge behind closed doors. After the private 
meeting, the judge, Johnson and the lawyers returned to the courtroom, where 
Johnson entered his plea.

Messer said after the hearing that the defense was given 60 days to have 
Johnson "evaluated and make a report regarding his mental capacity at the time 
of the crime."

The state will have 60 days to file a response, he said.

Johnson, 38, is accused of beating his estranged wife, Monica Butler Johnson, 
45, with a baseball bat Aug. 9 and injuring the arm of her 18-year-old son when 
he tried to defend his mother.

David Johnson was under a restraining order to stay away from his wife when he 
allegedly killed her and left her body in the backyard of the family's home on 
Canterbury Park Drive in Geismar, police have said.

David Johnson previously had been arrested in December 2014 on a count of 
domestic abuse strangulation, an incident considered to be a strong predictor 
that the victim of domestic violence ultimately will be killed by the abuser, 
police and victim advocates say.

Monica Johnson, however, later requested the count be dropped against her 
estranged husband but then sought another protective order 6 months later, 
saying he was stalking her.

The temporary restraining order issued was extended and a hearing had been 
scheduled for Aug. 24 - 2 weeks after Monica Johnson was killed - to consider 
extending it again.

David Johnson was booked into Ascension Parish Jail on counts of 1st-degree 
murder, attempted 1st-degree murder, aggravated burglary with a weapon and 
violation of protective orders.

An Ascension Parish grand jury in October indicted David Johnson on 1st-degree 
murder and violation of a protective order.

Bush said at the time the case would move forward as a capital case, meaning 
his office was considering seeking the death penalty.

David Johnson is being held at the Ascension Parish Jail without bail.

(source: The Advocate)