[Deathpenalty] death penalty news----NEB., UTAH, WASH., USA

[Rick Halperin]

Jan. 17




NEBRASKA:

Lotter challenging Nebraska 3-judge method on death penalty


A man convicted in the murder case that inspired the 1999 movie "Boys Don't 
Cry" has joined a fellow death-row inmate in challenging Nebraska's 3-judge 
method for determining death sentences.

Attorneys for John Lotter argue that he had a right to have jurors, not judges, 
weigh his fate when he was sentenced to death in 1996. The attorneys cite a 
U.S. Supreme Court ruling last year that struck down Florida's death-penalty 
process, saying it gave too much power to judges to make the ultimate decision. 
After that ruling, Delaware's high court followed suit and threw out that 
state's death penalty-determining method.

Lotter was condemned for his role in the 1993 killings of Teena Brandon, a 
21-year-old woman who lived briefly as a man, and 2 witnesses, Lisa Lambert and 
Philip DeVine, at a rural Humboldt farmhouse.

A similar appeal has been filed on behalf of Jeffrey Hessler, convicted in the 
2003 rape and murder of 15-year-old Gering newspaper carrier Heather Guerrero.

The Nebraska attorney general's office has filed motions arguing that 
Nebraska's sentencing scheme allows jury participation and is not identical to 
the one struck down in Florida.

In Nebraska, when a defendant is convicted in a death penalty case, the jury 
that decided guilt also decides whether aggravating factors exist to justify 
the defendant's execution. If the jury finds such, a 3-judge panel is convened 
to determine whether the aggravating factors outweigh any mitigating factors in 
the defendant's favor. The 3 judges also must determine if the death sentence 
is warranted and, if so, whether it is proportionate to the penalty imposed in 
similar cases.

The 3 judges ultimately determine whether the defendant gets death or life in 
prison.

Attorney Jerry Soucie, who has represented several Nebraska death-row inmates, 
said Friday that he expects the state's other 8 death-row inmates to challenge 
Nebraska's method, too.

"This issue has been floating around a long time," Soucie said.

(source: Associated Press)






UTAH:

Death penalty bills to return to the Utah State Legislature


Bills for and against the death penalty are expected to be debated in the 2017 
session of the Utah State Legislature.

Capital punishment bills are being considered on the 40th anniversary of Gary 
Gilmore's execution. The Utah inmate was the f1st to be executed following a 
U.S. Supreme Court ruling that reinstated the death penalty. Gilmore was 
executed by firing squad.

Death penalty supporters and opponents are expected to be back on Utah's 
Capitol Hill to argue for bills.

"I feel very compelled that I have to do this," said Randy Gardner, the brother 
of condemned killer Ronnie Lee Gardner, who was the last man to be executed in 
Utah (who also died by firing squad).

Randy Gardner spoke to FOX 13 from Washington, D.C. where he was participating 
in protests against capital punishment. He said he would be pushing the Utah 
State Legislature to favor a repeal of the death penalty.

"I say to my kids, 'Why do we kill people to show people that killing is 
wrong?' I believe it makes murderers out of us," he said.

There are 9 people on Utah's death row. The state has firing squad as a method 
of execution, if lethal injection is not available. Right now, the Utah 
Department of Corrections has said it does not have the ability to carry out a 
lethal injection execution.

Lawmakers spent the summer discussing the cost of implementing the death 
penalty, versus life in prison without the possibility of parole. Last year, a 
bill to repeal the death penalty failed on the last day of the legislative 
session when the House wouldn't consider the bill. It is unknown who will run a 
repeal bill this year, but death penalty opponents said they are planning for 
one to be filed.

Rep. Paul Ray, R-Clearfield, said the death penalty serves as a deterrent and 
gives prosecutors bargaining power. He is running a bill that would mandate 
that anyone convicted of targeting and killing a law enforcement official face 
a capital offense.

"This is, 'I'm going to kill a cop.' Mandatory death penalty," Rep. Ray said in 
an interview Monday with FOX 13. "Prosecutors have to file it."

Rep. Ray acknowledged he expected prosecutors to oppose his bill, but believed 
it was important to have "teeth" in the law and protect police officers, 
firefighters and paramedics.

"They don't like being told what to do," he said. "It's very difficult, very 
expensive - according to them - to prosecute death penalty. I think you have to 
look at the overall act and make the punishment match."

(source: Fox News)

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

Gilmore Execution Sees Death Penalty Reinstated


On 17th January 1977, Gary Gilmore became the 1st person to be executed in the 
United States in almost 10 years. His death by firing squad marked the end of a 
ban on the death penalty which had been in place since 1972.

Capital punishment has long been controversial. Globally it's been in decline 
for a long time, yet it remains a feature of the US justice system. Throughout 
US history attempts have been made to eliminate the use of the death penalty. 
Undoubtedly, the most successful came in the 1970s, resulting in the 4 year 
ban.

The key to the ban was the 1972 Furman v. Georgia case. William Henry Furman 
was accused of killing a resident in a house during a burglary. Furman's 
statement changed, from having killed the resident unintentionally by blindly 
firing a shot while fleeing, to his gun firing accidentally after he'd tripped.

Seeing as the death occurred as part of a burglary, Furman was eligible for the 
death penalty if found guilty. He was convicted, although his defenders say the 
verdict was reached purely on the basis of Furman's own statement. Furman was 
ultimately sentenced to death, but the punishment was never carried out.

The case was brought before the US Supreme Court, who ruled that the imposition 
of the death penalty would have constituted a "cruel and unusual punishment" 
under the Eighth and Fourteenth Amendments. The Supreme Court ruled that 
Georgia's death penalty statute which gave juries full discretion could lead to 
arbitrary sentencing. The verdict immediately freed several other criminals on 
Georgia's death row from the death sentence.

In June 1972, the Supreme Court voided 40 death penalty statutes, commuting the 
death sentences of some 629 inmates across the United States and effectively 
suspending the death penalty in the country.

Despite the ban, polls showed that by 1976 some 66% of Americans still 
supported the death penalty. Ultimately, the case of Gary Gilmore provided a 
precedent for the return of capital punishment.

A career criminal who by the age of 35 had already spent 1/2 of his life in 
jail, over the course of 2 days in July 1976 Gilmore killed 2 men: gas station 
attendant Max Jensen and motel manager Ben Bushnell. Both men had been robbed 
by Gilmore and despite complying with his demands, were killed.

Gilmore was quickly found guilty of murder and sentenced to death, reigniting 
the debate around capital punishment in the USA. The American Civil Liberties 
Union and the National Association for the Advancement of Colored People united 
to launch campaigns to prevent his execution, fearing the precedent it would 
set. Gilmore himself accepted the sentence. Firing his legal team who'd 
attempted to have his sentence overturned, he then took the unusual step of 
campaigning for a hasty execution; launching a hunger strike in protest at the 
delay in carrying out the sentence and having a letter published in the press 
asking his mother to stop trying to intervene on his behalf.

The Supreme Court set basic requirements that needed to be met if the death 
penalty was to be reinstated in a state:

1. Capital sentencing must be based upon objective criteria to direct and limit 
the exercise of discretion.

2. The adjudicator must take into account the character and record of the 
individual defendant.

Any state complying with those criteria was allowed to enact new death penalty 
laws, something 37 states of the USA have done since 1976.

Gilmore meanwhile, was executed by firing squad on 17th January 1977. 
Supposedly, his last words were: "Let's do it."

(source: newhistorian.com)






WASHINGTON:

AG Ferguson proposes bipartisan bill to end Washington's death penalty


Attorney General Bob Ferguson today proposed bipartisan legislation to abolish 
the death penalty in Washington.

In a demonstration of broad, bipartisan support for ending capital punishment 
in the state, former Attorney General Rob McKenna joined Ferguson at a press 
conference in the Capitol announcing the proposal.

The Attorneys General were joined by Governor Jay Inslee and a group of 
legislators from across the aisle and around the state.

"There is no role for capital punishment in a fair, equitable and humane 
justice system," Ferguson said. "The Legislature has evaded a vote on the death 
penalty for years. The public deserves to know where their representatives 
stand."

"The current system is not working," said McKenna. "There is too much delay, 
cost and uncertainty around the death penalty, which is why I stand today with 
Attorney General Ferguson and this bipartisan group of legislators in support 
of this change."

Ferguson articulated some of the many reasons for opposition to the death 
penalty, including:

--Moral opposition to the state taking lives in the people's name

--The possibility of executing an innocent person in our imperfect system

--The increased cost of seeking death sentences versus life in prison - over $1 
million on average in Washington state

--The concentration of capital cases in the counties with the most resources to 
pursue them, and

--The ineffectiveness of the death penalty as a deterrent.

Sen. Mark Miloscia, R-Federal Way (30th District), is sponsoring the Attorney 
General-request legislation in the Senate. Rep. Tina Orwall, D-Des Moines (33rd 
District), will introduce the companion House bill.

Several legislators from both political parties joined Ferguson, McKenna and 
Inslee at Monday's press conference.

"The public is slowly changing on the death penalty. I think now is the time to 
sit down and have a real conversation on how we administer justice in this 
state," said Sen. Miloscia.

"We recognize that the death penalty is a painfully difficult and profoundly 
serious public issue," said Sen. Reuven Carlyle, D-Seattle (36th District). 
"With heavy consideration, we believe the time has come to end this practice in 
Washington and ask that our colleagues in the Legislature join us in making our 
criminal justice system reflect our deepest held values."

"As a means of effective punishment, the death penalty is outdated," said Sen. 
Maureen Walsh, R-Walla Walla(16th District). "Our legal system imposes enormous 
costs on prosecutors who try death penalty cases, the appeals process costs 
millions more, and the punishment is ultimately so uncertain that it is 
difficult to claim that justice is served. Not only is life-without-parole more 
cost-effective, it also offers the certainty that is an essential element of 
justice."

"Over the last 4 decades, 156 people have been exonerated from death row across 
the nation. How many more continue waiting for new evidence to prove their 
innocence, and will they get it before their lives are taken?" said Rep. 
Orwall, who also led the way to pass legislation to get compensation for those 
wrongfully convicted in Washington. "If we truly want to serve justice, the 
state should avoid irreversible punishment to individuals who were wrongly 
convicted and would have otherwise been executed."

"As a former prosecuting attorney for Columbia County, my heart remains with 
the families of the victims who suffered horrific acts that would justify the 
death penalty," said Rep. Terry Nealey, R-Dayton (16th District), who was 
unable to attend the announcement in person. "Their feelings should never be 
minimalized. That is why it has taken so long for my thoughts to evolve against 
the death penalty in Washington state. However, the steps, the immense and 
extended time, and the incredible expense and resources it takes to impose and 
uphold this most severe form of punishment have made the death penalty nearly 
impossible to carry out. In recent years, even in the most heinous crimes, 
jurors have failed to impose the death penalty. In the meantime, families 
suffer for years with the angst of having to go through trials, court 
proceedings, appeals and more, not knowing if the death penalty will ever take 
place."

The bill is expected to go to the Senate Law and Justice Committee and the 
House Judiciary Committee.

In February of 2014, Gov. Jay Inslee imposed a moratorium on executions in the 
State of Washington, finding that executions in the state are "unequally 
applied" and "sometimes dependent on the size of the county's budget." The 
governor did not propose legislation to abolish the state's death penalty, but 
his moratorium has remained in place since.

In the wake of Gov. Inslee's moratorium announcement, newspapers across the 
state have encouraged the state to eliminate capital punishment, including the 
editorial boards of The Seattle Times, Spokane's Spokesman-Review, the News 
Tribune in Tacoma and the Daily Herald in Everett.

The Office of the Attorney General is the chief legal office for the state of 
Washington with attorneys and staff in 27 divisions across the state providing 
legal services to roughly 200 state agencies, boards and commissions. Visit 
www.atg.wa.gov to learn more.

(source: wa.gov)

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

Washington AG seeks to get rid of death penalty----The effort was announced 
Monday at the Capitol


Gov. Jay Inslee and Attorney General Bob Ferguson have announced proposed 
legislation to abolish the death penalty in Washington state.

The effort was announced Monday at the Capitol. Inslee imposed a moratorium on 
capital punishment in 2014, but repeal bills introduced since that time have 
stalled in the Legislature.

Last month, Inslee invoked the moratorium as he reprieved Clark Elmore, who was 
sentenced to death for the rape and murder of a 14-year-old girl.

Reprieves aren't pardons and don't commute the sentences of those condemned to 
death. Under Inslee's system, death-row inmates will remain in prison rather 
than face execution. Elmore is the 1st of Washington's death row inmates to 
exhaust his appeals since the moratorium was put in place. He remains at the 
state prison in Walla Walla, along with 7 other death row inmates.

(source: Associated Press)

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

The Move To Kill The Death Penalty In Our State


There's a funny thing about the death penalty. Not funny in a stand-up comic 
way, but funny in an odd, sad way.

The thing is, the DP is rock-solid permanent. Once it goes down, it's down for 
good. If you hang or electrocute in ol' sparky some poor schmuck who ended up 
there due to a corrupt prosecutor or cop or both, or some dimly lit public 
defender with a booze problem, or send some other person to meet her maker with 
chemicals or blow them away via firing squad, you can't go back later and say 
you're sorry if you find out you snuffed an innocent person.

No do-overs pal. It is what it was.

And with DNA revelations being what they are - more and more innocent people 
being freed after 25 or more years in the slam for crimes they did not do - 
it's a fair bet this country over the years has snuffed its share of folks who 
did not do the crime.

Yet some people - particularly those hangin' judges down Texas way - just love 
the DP.

"Well, ya'all must have done somethin' in the past to warrant your sorry bass 
being here so tough luck pal. Have a nice trip to meet Jesus," you could 
imagine a Texas hangin' judge spouting from the bench prior to setting off for 
a few rounds of golf at the country club with somebody that looks a lot like 
Rick Perry.

It is the permanency of that sentence that sticks in many craws. It just is not 
right, they say.

DNA, innocent schmucks in prison, hacksaw users

Over the years, with all those DNA revelations, more and more people have 
jumped on the anti-death penalty bus, although such a bus might be 
anti-American. After all as a culture we do seem to like the thought of killin' 
folks in a variety of ways, most often with an AR-15 in a crowded movie theater 
or elementary school.

Thus it was that Washington Attorney General Bob Ferguson Monday proposed 
bipartisan legislation to abolish the death penalty in this state.

In what appeared to be a decent demonstration of broad, bipartisan support for 
ending capital punishment in Washington state, former Attorney General Rob 
McKenna joined Ferguson at a press conference in the Capitol to announce the 
proposal.

They in turn were were joined by Governor Jay Inslee and a group of legislators 
from across the aisle and around the state.

"There is no role for capital punishment in a fair, equitable and humane 
justice system," Ferguson said. "The Legislature has evaded a vote on the death 
penalty for years. The public deserves to know where their representatives 
stand."

And then McKenna: "The current system is not working. There is too much delay, 
cost and uncertainty around the death penalty, which is why I stand today with 
Attorney General Ferguson and this bipartisan group of legislators in support 
of this change."

Sounds like Barack Obama a few years back. Change has come to ol' sparky. Yes 
we can! Ferguson talked about some of the reasons we need to kill (pardon the 
pun) the death penalty.

There's that "moral" thing (the state snuffing somebody in the people???s name) 
the "possibility of executing an innocent person in our imperfect system," the 
fact that it costs taxpayers a humpload of money (over $1 million on average in 
Washington state) and the rampant ineffectiveness of the death penalty as a 
deterrent.

No deterrent at all

That fact that it doesn't work as a deterrent should be quite obvious. If it 
was a deterrent people wouldn't be doing those horrendous crimes that got them 
the DP at trial.

Fact is, right at the point some 7-time felon all covered in tats is using a 
hacksaw to cut the head off some poor wretch, his is not thinking, "Gosh, I 
might get the death penalty for this. I should stop right now."

No. He's thinking what a swell thing that ol' Jimbo won't be on earth anymore 
to cause him anymore problems or tick him off. In fact, he's already thinking 
about where to drop off the head and the headless body. Usually those 2 things 
end up in different locations.

Sen. Mark Miloscia, R-Federal Way (30th District), is sponsoring the Attorney 
General-request legislation in the Senate. Rep. Tina Orwall, D-Des Moines (33rd 
District), will introduce the companion House bill.

"The public is slowly changing on the death penalty. I think now is the time to 
sit down and have a real conversation on how we administer justice in this 
state," said Sen. Miloscia.

Amen brother.

(source: skyvalleychronicle.com)

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

In an enlightened age, the death penalty is still justice


Whether the death penalty is a deterrent to murder is disputed, but it is 
indisputable that most murderers seek desperately to avoid it. This gives 
prosecutors needed leverage.

See if you agree with a Bellingham jury:

In 1995, Kristy Lynn Ohnstad, a 14-year-old Bellingham girl, was taken to a 
secluded area by her mother's boyfriend, dragged to the back of a van, and told 
to remove her clothes or be "seriously hurt." At just over 100 pounds, she had 
no chance to fight back. Her cries for mercy were ignored. He raped her, choked 
her, cinched a belt around her neck and drove a metal spike through her ear 
into her brain. She was still alive, so Clark Richard Elmore covered her head 
with a plastic bag and beat her skull with a sledgehammer.

Elmore gave a full confession to police and pleaded guilty. When the jury was 
asked whether they were "convinced beyond a reasonable doubt that there are not 
sufficient mitigating circumstances to merit leniency," they were unanimous. 
Elmore deserved the ultimate punishment for his crimes.

But Gov. Jay Inslee gave this child-murderer what the jury and dozens of judges 
after 21 years of appeals did not - a reprieve.

Is that justice? Were the jury and a number of courts wrong? Did Elmore instead 
deserve to live a full life with free health care, recreation and 3 square 
meals?

The death penalty is often caricatured as barbaric revenge that an enlightened 
society should have nothing to do with. But this argument is always made in the 
abstract. Let us consider another argument.

As Alexander Hamilton observed, "the 1st duty of society is justice." So what 
is the just punishment for this crime? The answer turns on what the crime 
deserves.

We all believe that each life is precious, unique and irreplaceable. The death 
penalty is the only penalty that approximates the value of what was taken. It 
does not reduce the value of life, but affirms the supreme value of innocent 
life. There will only be 1 Kristy Lynn Ohnstad.

Critics claim the death penalty has lost favor with the public. But the 2016 
elections saw red-state Oklahomans pass a state constitutional amendment aimed 
at its preservation and blue-state Californians pass a measure (Proposition 66) 
aimed at speeding up death penalty trials.

Whether the death penalty is a deterrent to murder is disputed, but it is 
indisputable that most murderers seek desperately to avoid it. This gives 
prosecutors needed leverage. While we might be dismayed that the Green River 
killer could avoid the death penalty, we can understand why it was traded away 
for families to have loved ones' remains returned and long unanswered questions 
resolved.

Some oppose the death penalty for fear of executing the innocent. This is not a 
relevant concern in Elmore's case, who had pleaded guilty. But the finality of 
the death penalty inspires urgency for an ultra-thorough re-examination of 
evidence. Does a 40-year sentence do the same - even when the inmate is likely 
to die in prison? We have a system of appeals to safeguard against execution of 
the innocent. We also have the Clemency and Pardons Board to examine evidence 
and advise governors, and we give governors broad authority to act on those 
recommendations.

The death penalty is expensive, and may be out of reach for some counties. It 
can also take far too long. But these are reasons to reform, not to abolish.

The governor claims the reprieve for Clark Richard Elmore was not about the 
individual case, but about the system. This is wrong. The law prescribes that 
each case be considered individually with the recommendations of the Clemency 
and Pardons Board. Instead, Inslee has been going rogue, ignoring the legal 
process, and undermining justice. The board has not considered Elmore's case 
and did not recommend a reprieve.

When Inslee announced his moratorium he cited the costs. Yet Elmore had 
exhausted his appeals. The expense had already been incurred. The governor 
complained the death penalty wasn't applied to the most heinous offenders. This 
man raped and murdered a child. Inslee complained that death sentences are not 
swift or certain, but he has further delayed justice that's already waited 21 
years for a man who has never even denied his own guilt. The governor's actions 
are not a call to re-examine the death penalty but for legislators to call on 
the governor to abide by the limitations of his office and to follow the law.

(source: Opinion; State Sen. Steve O'Ban, R-University Place, represents the 
28th Legislative District----Seattle Times)






USA:

Airport shooter to be held before potential death-penalty trial


The gunman who opened fire on Fort Lauderdale airport travelers, leaving a 
trail of questions about his motive for killing 5 people and injuring 6 others, 
is expected to be ordered held before trial by a federal magistrate judge on 
Tuesday.

Prosecutors and defense attorneys are likely to agree to the detention of 
Esteban Santiago rather than go forward with a hearing in Fort Lauderdale 
federal court that might reveal possible details about the shooter's state of 
mind - a key factor if the military veteran mounts an insanity defense to 
challenge a potential death-penalty prosecution.

Santiago, 26, who was born in New Jersey and raised in Puerto Rico, is 
scheduled to be indicted this week on murder charges for the Jan. 6 deaths at 
Fort Lauderdale-Hollywood International Airport before his arraignment next 
Monday. Prosecutors could file a notice of seeking the death penalty along with 
the indictment, the 1st step toward a decision that must ultimately be made by 
the U.S. attorney general.

Since the deadly rampage, FBI agents have been investigating Santiago's social 
media sites and questioning witnesses from South Florida to Puerto Rico to 
Alaska, where he most recently lived before purchasing a one-way ticket to Fort 
Lauderdale to carry out the apparently random shooting.

Agents have discovered that Santiago, a former Army reservist who did a tour of 
duty in the Iraq war, had a recent history of domestic violence and a 
psychiatric evaluation after approaching the FBI in Anchorage to tell them that 
he was hearing voices urging him to join the Islamic State terrorist group. 
Anchorage police confiscated his handgun but then a returned it to him last 
month. It was the same weapon Santiago was suspected of using in the Fort 
Lauderdale airport shooting.

However, agents don't believe Santiago is a lone wolf, radicalized by extreme 
Islamist propaganda on the internet, according to sources familiar with the 
investigation. Instead, they are still trying to figure out what caused him to 
snap and why he chose the Fort Lauderdale airport as his target.

On Monday, authorities disclosed that Santiago had registered at least four 
handguns in Puerto Rico, including a 9mm pistol, the same caliber as the 
suspected murder weapon.

Puerto Rican police said they couldn't rule out that Santiago had initially 
registered the Walther 9 mm - used in the Fort Lauderdale airport shooting - in 
his hometown of Pe???uelas.

"We cannot confirm that it was the same weapon," Puerto Rico police spokesman 
Edward Ramirez said. "But we do know he had a license to carry [a 9 mm pistol] 
and we understand that it???s highly probable that it was the same weapon."

(source: Miami Herald)