[Deathpenalty] death penalty news----GA., ALA., USA

[Rick Halperin]

Nov. 26



GEORGIA----impending execution

Lawyers hope new find saves inmate from execution


Lawyers for the next inmate on Georgia's death row says a juror was biased 
against William Sallie. They're trying to keep their client from execution.

The convicted murderer is scheduled to be put to death in less than 2 weeks. 
He's already been convicted and sentenced to death twice.

It was a particularly gruesome crime.

According to court documents, Sallie's ex-wife left him because he was abusive.

In 1990 she was living with her parents in Bacon County. One night, William 
Sallie cut the phone cords, pried open the back door and snuck into his 
in-law's bedroom, according to records.

It only gets worse from there.

Sallie was convicted of shooting John and Linda Moore, killing his 
father-in-law. When his wife and her 17-year-old sister begged to call 911, 
Sallie abducted and raped both of them.

He let them go the next day, only after asking that they don't press charges.

A jury sentenced him to death.

But that was overthrown because Sallie argued his 1st lawyer had a conflict of 
interest. The lawyer was also serving as a clerk of court.

Sallie was tried again and sentenced to death for a 2nd time in 2002.

All of his appeals ran out, but now his lawyers are arguing that a juror who 
sentenced him lied about a "messy divorce" and "ugly" custody fight.

They say that made her biased against Sallie.

But a federal court said these new arguments were too late.

Sallie is scheduled for execution on December 6th. He will be the 9th person 
put to death in Georgia in 2016. That would be the most in the country.

Georgia has no equal in 2016.

Aside from Texas, no other state has more than 1 execution in 2016.

"It seems like nationwide, jurors are more hesitant to apply the death penalty 
when they have something else to fall back on, say life without parole," said 
11Alive legal analyst Phil Holloway.

That's been true in Georgia. While it's the leading state this year, that's 
likely to be the only time.

There are only about 60 men on Georgia death row. Texas has about 4 times that 
number.

And there were no death penalty convictions in 2015.

(source: WXIA news)






ALABAMA----impending execution

Alabama Probably Won't Be Trying A Never-Before-Used Single-Drug Lethal 
Injection----Alabama offered to execute inmate Ronald Bert Smith next month 
with a sedative that's never before been used as the sole drug in an execution. 
But the talks fell through this past week.


It appears unlikely that Alabama will try out a new single-drug lethal 
injection method next month, after the attorney general's office and death row 
inmate Ronald Bert Smith have been unable to reach an agreement.

Smith, along with other Alabama death row inmates, have challenged the state's 
lethal injection method, which uses a sedative similar to valium followed by a 
paralytic and then a painful drug that stops the heart. Instead, the inmates 
requested to be executed only using a single large dose of the sedative, 
midazolam.

The talks between the state and the inmate fell through over disagreements over 
how much of the drug to use and what the legal ramifications of doing so would 
be.

Alabama agreed that the inmates' request was feasible, and this month, U.S. 
District Court Judge Keith Watkins ordered the state to produce a 1-drug 
execution plan of how it would use only midazolam. Watkins also asked inmate 
Smith to show cause of why he shouldn't be executed with the single drug as he 
had requested.

Last week, Smith responded that he would consent to being executed with a large 
2,500 milligram injection of midazolam. Smith had requested a 500 milligram 
dose in his original complaint, but his attorneys say it was a typo. His own 
expert had said that a 2,500 milligram dose would be preferable.

Although the state said the 500 milligram dose was feasible and agreed to try 
it out, Attorney General Luther Strange???s Office balked at the request for a 
higher dose.

"The ADOC does not have an unlimited supply of midazolam," Deputy Attorney 
General Thomas R. Govan, Jr. responded.

"Given the uncertainty in Smith's unspecified protocol, particularly where 
Smith cannot even state how much midazolam would be needed [if the original 
dose doesn't kill him], it is uncertain whether the ADOC could carry out 
Smith's execution based on his current stance."

The state did not disclose how much midazolam it has on hand, and states have 
closely guarded any information about their execution drugs.

The inmates also said they would only agree to the single-drug execution if 
their side was held to have won the case - meaning the 3-drug protocol would be 
ruled unconstitutional. Under current US Supreme Court precedent, death row 
inmates challenging a state's chosen method of execution must propose an 
alternative method.

On Friday, Judge Watkins dismissed Smith's lawsuit and criticized the 
conditions the inmate set.

"As Smith well knows, the law does not require, and has never required, these 
elements in lethal injection cases," Watkins wrote. "The unfortunate outcome of 
this ... process confirms the court's previous reluctance to sidetrack capital 
litigation through negotiations."

Smith has already appealed the decision to the 11th Circuit Court of Appeals. 
He is currently scheduled to be executed Dec. 8.

Earlier this month, the U.S. Supreme Court halted the execution of another 
Alabama inmate at the last minute. The inmate had challenged the state's 3-drug 
protocol, as well as the state's sentencing law.

(source: Chris McDaniel is a death penalty reporter for BuzzFeed News)






USA:

Judge: Dylann Roof is competent to stand trial for hate crimes


Accused Emanuel AME Church shooter Dylann Roof is mentally competent to face 
his looming death penalty trial, a judge ruled Friday to the relief of the 
victims' distraught loved ones, who had expected the proceeding to begin 2 
weeks ago.

U.S. District Judge Richard Gergel's ruling followed a closed-door competency 
hearing that stretched through Monday and Tuesday as attorneys discussed a new 
psychiatric evaluation of Roof. Gergel ordered that evaluation two weeks ago 
after defense attorneys raised new questions about the self-avowed white 
supremacist's mental state.

Jury selection will begin at 9 a.m. Monday.

The judge's competency order doesn't provide any details about the nature of 
questions regarding Roof's mental state. Gergel's specific findings also remain 
secret under seal.

Gergel banned the public from the competency hearing despite pleas last week 
from many of the 9 shooting victims' families and the survivors who wanted to 
observe the proceedings. Several media outlets, including The Post and Courier, 
also objected to the closure.

Instead, Gergel had pledged to review a transcript and release portions that 
didn't need to be kept confidential. On Friday, however, the judge ruled that 
he won't release any of the transcript because doing so "would prejudice the 
Defendant's right to a fair trial and a fair and impartial jury," according to 
court records.

At the competency hearing, attorneys discussed a new court-appointed 
psychiatric examiner's report, which relied heavily on interviews with Roof. 
Gergel has said that the report contains sensitive details that, if revealed, 
could threaten Roof's rights.

The psychiatric exam was performed on Nov. 15 by Dr. James Ballenger, who was 
the Medical University of South Carolina's longtime psychiatry chairman before 
going into private practice. Ballenger testified at the competency hearing 
along with four others witnesses. The hearing also included affidavits from 3 
others, according to Gergel's order, which identifies Ballenger but not any of 
the other people involved.

The test for competency is whether the defendant "has a sufficient present 
ability to consult with his lawyer with a reasonable degree of rational 
understanding" and "has a rational as well as factual understanding of the 
proceedings against him," Gergel's order says.

Roof, 22, is accused of gunning down nine worshipers during the Charleston 
church's Bible study in June 2015. Authorities say he targeted his victims 
because they were black. In all, the Eastover man faces 33 federal charges, 
including violations of hate crime laws and religious freedoms. He has offered 
to plead guilty and serve life in prison, but federal authorities are seeking 
the death penalty.

The delay in starting jury selection has frustrated loved ones of the nine 
victims and the shooting survivors who are anxious for the trial to begin. The 
Rev. Sharon Risher, whose mother died in the shooting, woke up Thanksgiving 
morning with deep sorrow about her mother's death, along with the weight of not 
knowing if or when the trial would begin. It all rested heavily against her 
desire to be thankful for her remaining family.

"I have been on edge ever since it was deemed necessary for another competency 
hearing," Risher said. "It was like waiting for a bomb to drop."

Risher, a Charlotte resident, described enormous relief after hearing news of 
Gergel's ruling: "I'm glad we can move forward and justice can prevail."

The ruling also eased worries for Emanuel AME's pastor and its congregation, 
also closely following the proceedings over the holiday week.

"We are thankful and look forward to jury selection beginning on Monday," said 
the Rev. Eric S.C. Manning, Emanuel's pastor. "We continue to solicit prayers 
for the families and members of Mother Emanuel."

However, the rulings might not settle forever questions about Roof's 
competency, said Charleston attorney Chris Adams, who specializes in federal 
court defenses, including death penalty cases, and is secretary of the National 
Association of Criminal Defense Lawyers.

Competency rulings look at a defendant's mental status at a point in time. If 
Roof has ongoing mental health issues, his attorneys could raise questions 
about his competency in the future as well.

"If mental health is an issue, (Roof) could decompensate and necessitate the 
need to be clear and re-raise the issue," said Adams, who is not working on the 
case.

Questions about Roof's mental state arose 2 weeks ago just minutes before jury 
selection in his death penalty trial was set to begin. After defense attorneys 
filed a sealed motion, Gergel found reason to believe Roof might suffer a 
"mental disease or defect" that rendered him unable to assist properly in his 
defense or to grasp the nature and consequences of the proceedings against him, 
as the law requires. Gergel then ordered the evaluation.

However, with the current competency question resolved, the lengthy process of 
choosing a jury resumes. It began in September when the court summoned 3,000 
people from across the Lowcountry. Of those, 747 people filled out 
questionnaires in September.

On Monday, Gergel and attorneys in the case will begin to winnow the field of 
512 people who made that latest cut. Every day, they will question two panels 
of perspective jurors, with 10 members in each, until 70 remain. The final jury 
will comprise 12 jurors and 6 alternates.

That process could take several weeks, potentially pushing the start of 
testimony into the new year.

Meanwhile, Roof also faces the death penalty in state court where authorities 
charged him with 9 counts of murder, 3 counts of attempted murder and a 
firearms charge. That trial is scheduled to begin in mid-January.

(source: Post and Courier)