[Deathpenalty] death penalty news----TEXAS, VA., S.C., GA., MICH.

[Rick Halperin]

July 7



TEXAS:

With 7 execution dates on the calendar, Texas just got more lethal injection 
drugs



Texas received new lethal injection supplies in June.

Amid speculation about its ability to carry out the flurry of new executions on 
the calendar, state records show the Texas prison system in recent weeks 
received 15 more doses of the powerful barbiturate used in its Huntsville death 
chamber.

The additional vials ensure that the state can now carry out all the currently 
scheduled death dates, but some experts say it raises questions about how 
officials obtained new doses of pentobarbital at a time when drug-makers have 
backed away from its use in executions.

"That I'm aware of, there is no legal source for pentobarbital, compounded or 
otherwise. None," said Maurie Levin, a defense attorney with expertise in 
lethal injection litigation. "All the companies that previously provided 
compounded pentobarbital are now subject to end-use controls by the 
manufacturers and if they are distributing it to a prison for use in executions 
they are violating that contract."

The state pushed back against that suggestion.

(source: Houston Chronicle)

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

Opinion: Texas refuses to test DNA that'll prove Rodney Reed's innocence



The state of Texas still wants to take my son's life even after all the facts 
of his innocence were presented in court. A world-renowned pathologist 
testified that my son - Rodney Reed - couldn't have committed the murder of 
Stacey Stites. But the state of Texas refuses to DNA test all the evidence.

DNA put my son on death row, but we now know that DNA had nothing to do with 
the murder - it was old. And the jury wasn't told all the results. For example, 
the jury never learned of a state DNA report from the time of my son's 1998 
trial of beer cans found at the scene that excluded Rodney Reed and implicated 
2 police officers and the deceased drank from the same cans. How can the state 
hide DNA evidence at his trial and then prevent testing it now? Why not test 
the remaining evidence, such as the belt they say was the murder weapon?

Technology is far more advanced than it was 20 years ago and can go back 
thousands of years. Surely, they can go back 20 years.

Tell me, what happened to the reasonable doubt? What happened to compassion? 
What happened to empathy? What happened to justice? My son didn't receive any 
of the above. Why is Texas determined to take my son Rodney Reed's life, based 
on old DNA, seemingly corrupt cops, lawyers, and yes, all of the state's 
experts who said my son was guilty have since recanted their testimony. There's 
no proof, all that remains is the age-old prejudice that a white girl wouldn't 
be involved with my son.

God said: "Vengeance is [His]." Texas, you have borne false witness against my 
son. Texas, how can you ignore all facts and findings presented to you? There 
is nothing saying that Rodney Reed committed the murder, and everything points 
to someone else.

My son's experience has opened my eyes to the fact that there are many innocent 
lives on death row. Corruption put them there - the same corruption that sent 
our old sheriff to prison, and that continues to cover up the abuse our 
community has suffered for generations. There should be no death penalty, and 
the justice system needs to seek the truth. The Reed family thanks the lawyers 
and all the supporters and prayers. God Bless you all.

(source: Opinion, Sandra Reed; Austin American-Statesman)








VIRGINIA:

State trial likely 1st for man charged in fatal car attack



A state trial will likely be held for a man accused in a deadly car attack on 
protesters opposing a white nationalist rally in Virginia before he's tried on 
federal hate crime charges that carry a possible death penalty.

In a joint motion filed Thursday, federal prosecutors and 21-year-old James 
Alex Fields Jr.'s defense attorneys said they need time to prepare for the 
"complex" federal case.

The 2 sides also said that the state trial - scheduled to begin Nov. 26 - and 
its outcome "may provide information that is material" to a determination by 
U.S. Attorney General Jeff Sessions whether to seek the death penalty in the 
federal case.

Fields, of Maumee, Ohio, is accused of killing 32-year-old Heather Heyer and 
injuring dozens of people on Aug. 12 after a "Unite the Right" rally in 
Charlottesville by driving his car into a crowd demonstrating against the 
rally. The event attracted hundreds of white nationalists to the college town 
where officials planned to remove a statute of Confederate Gen. Robert E. Lee.

Fields faces murder and other charges under Virginia law. Last week, he was 
indicted on 30 federal charges. 29 of the counts were brought under a hate 
crimes law that carries a maximum penalty of life in prison.

The 30th count was brought under a provision of the Civil Rights Act of 1968. 
It accuses Fields of racially motivated violent interference with a federally 
protected activity - the use of the public streets and sidewalks of 
Charlottesville - resulting in death.

The charge can carry the death penalty. Prosecutors have not decided whether to 
seek it, and the process could take months.

The law requires prosecutors to prove not only that Fields acted because of the 
actual or perceived race or national origin of members of the crowd, but also 
that he was motivated by Heyer's use of the streets and sidewalks of 
Charlottesville.

Robert Dunham, executive director of the Death Penalty Information Center, said 
he believes federal prosecutors have agreed to let the state put Fields on 
trial 1st because it's a stretch for them to try to use the hate crimes statute 
that makes him eligible for the death penalty.

"It makes sense for them to wait until after the state trial because as the 
facts stand right now, it's an extremely tenuous death penalty claim," Dunham 
said.

"The fact that something is labeled a hate crime doesn't by itself make it a 
capital offense. There has to be more. The way the statute is written, on the 
facts of this case, it's not clear that there is any basis to seek the death 
penalty."

But Jonathan Turley, a professor at the George Washington University Law 
School, said he believes the decision to hold the state trial 1st is a good 
strategic move by prosecutors.

"The state is likely to produce a great deal of evidence that the federal 
prosecutors do not currently have. In particular, they will be able to see the 
evidence marshaled by the defense as to the state of mind of Fields," Turley 
said.

Fields pleaded not guilty Thursday to the federal charges.

(source: Associated Press)








SOUTH CAROLINA:

Man charged in brutal York Co. killing back in SC. He could end up on death row



The North Carolina man charged in the brutal beating death of a York County 
father in June before fleeing to Charlotte has been extradited on a murder 
charge.

Because Charles Thomas Ridings, 22, is also accused of armed robbery during the 
beating death of Scottie Starnes, York County prosecutors could seek the death 
penalty.

Ridings was extradited from North Carolina to South Carolina late Thursday 
after Ridings fought extradition after being captured in Charlotte 4 days after 
Starnes was killed. Governors of both states signed warrants forcing Ridings to 
be brought to York County to face charges for murder, armed robbery and grand 
larceny.

Ridings is charged in the killing of Starnes, 45, during a robbery June 4 at 
Starnes' home in rural York County near the Catawba River. York County Sheriff 
Kevin Tolson said Ridings beat Starnes to death, then stole Starnes car and 
fled to Charlotte.

Prosecutors under South Carolina law can seek the death penalty in a murder 
trial if other aggravating factors are also part of the crime. Armed robbery is 
1 of those factors that allows prosecutors to consider seeking capital 
punishment.

Although Ridings' case is death penalty eligible, York County prosecutors have 
made no decision on whether to seek it, said Willy Thompson, 16th Circuit 
deputy solicitor.

''It is far too early in the process," Thompson said Friday.

No other charges are pending against Ridings, said Trent Faris, spokesperson 
for the York County Sheriff's Office.

Ridings was denied bond Friday afternoon by York County magistrate judge Dan 
Malphrus and remains in the York County jail. Ridings was qualified for a 
public defender after being declared indigent, Malphrus said after the hearing.

(source: heraldonline.com)








GEORGIA:

Brandon Conner's defense continues objection to 'gruesome' photos in death 
penalty case



The prosecution and defense continued to argue over crime scene and autopsy 
photos in the death-penalty case against Brandon David Conner during a hearing 
Friday afternoon.

Conner is accused of the 2014 slayings of his girlfriend, 32-year-old Rosella 
"Mandy" Mitchell, and 6-month-old Dylan Ethan Conner. The bodies of the mother 
and son were burned in a Winifred Lane house fire authorities claim Conner set.

The hearing, the second one in a week, was held in front of Superior Court 
Judge William Rumer in Recorder's Court courtroom attached to the Muscogee 
County Jail. The hearing last Friday, where the defense's motion to suppress 
many of the 166 "particularly gruesome" photos was first discussed, was held in 
a Harris County courtroom.

Rumer's normal courtroom in the Columbus Government Center is currently under 
repair because of extensive flooding to the building last month.

By this week's hearing, the defense had narrowed its objection to 18 of the 
photos, all dealing with the crime scene or the autopsy. Conner's attorneys, J. 
Mark Shelnutt and William Kendrick, continued their objections, saying they 
could be prejudicial if seen by jurors.

Prosecutors argued they had spent hours going through the photos, trying to 
throw out possible duplicates and those that were not relevant to the case.

"We appreciate the time and effort they have spent culling through these 
photos," Kendrick told the judge. "But at the end of the day, they don't show 
the cause of the death."

Senior Assistant District Attorney Don Kelly took each photo the defense 
objected to and argued for the reasons they should be admitted into evidence 
during the trial, which is scheduled to begin Oct. 1.

The photo of Mitchell's charred remains is relevant, Kelly told the judge.

"Because of the fire and the body is under debris and ashes, it's hard to see 
anything but a mound," Kelly said. "But that single photo from the crime scene 
is relevant."

It is even harder to tell what the photo of the baby is because Dylan Conner's 
body was discovered in the room investigators say was the origin of the fire, 
Kelly said.

"You can barely tell it's a 6-month-old child," Kelly said.

Rumer referred the attorneys to 2 recent Georgia cases pertaining to admission 
of photos during a trial. He told them to read the cases and then submit a 
proposed order next week. Rumer did not rule on the admissibility of the 
photos.

The defense also continued its argument for more information pertaining to DNA 
testing. It was not clear who's DNA was the subject of the test and District 
Attorney Julia Slater declined to be exact about the DNA in question. The 
defense has had an expert, Dr. Phillip Danielson, a professor of forensic 
genetics at the University of Denver, looked over the DNA.

The defense is still seeking more information about the DNA testing and the 
process and qualifications. Rumer did not rule, but asked the prosecution to 
get it's experts with the Georgia Bureau of Investigation in contact with 
Danielson and see if the information the defense is requesting is readily 
available. That could happen as early as next week.

The two sides also discussed a defense motion to redact information in the 7 
victims' impact statements. No decision was made, and Rumer urged the opposing 
attorneys to use the same process they used this week on the questionable 
photos to redact the statements.

The fire at Mitchell's 1324 Winifred Lane home was reported at 12:35 a.m. on 
Aug. 21, 2014.

About 30 minutes later, Officer Jason Swails saw Conner's blue 2001 BMW turn 
from Wynnton Road onto Cedar Avenue in midtown before Conner parked near Davis 
Broadcasting, where he worked. Conner then sat in the car for 10 minutes, the 
officer said.

Because of recent business burglaries in the area, Swails questioned Conner and 
saw the suspect was shaking and sweating, and apparently had blood on him, the 
officer said. Conner told Swails he had just left work, which Swails didn't 
believe because he'd seen Conner turn off Wynnton Road and park.

Conner then altered his story, claiming he'd left work to get some food, but 
changed his mind and returned, Swails said.

Swails arrested Conner for breaking a city law against lying to police. Because 
police routinely search suspects being detained, officers checked Conner's 
pockets, and found a bloody, yellow dishwashing glove, a bloody baby wipe, a 
cigarette lighter and an extended grill lighter.

Learning of the bodies found on Winifred Lane, they had Conner's BMW impounded, 
and got a warrant to search it. Inside they found a bag of bloody clothes, a 
bottle of bleach and a bent steak knife with blood on the handle, they said.

Rumer on Sept. 20, 2016 and June 14, 2017, denied defense motions challenging 
the search and seizure of evidence against Conner.

Arson investigators in 2014 searched the burned home with a dog that alerted to 
flammable liquids poured in 3 places. They also found a gas can stored in a 
closet.

An autopsy revealed Mitchell was stabbed multiple times in the throat and 
torso. Authorities have not said how the infant died.

On April 14, 2015, a grand jury indicted Conner for murder, aggravated battery, 
1st-degree arson and using a knife to commit a crime. 6 days later, Slater 
filed notice she would seek the death penalty.

Conner's is the 2nd case in which she has sought the death penalty since taking 
office in 2009. The 1st was the fatal shooting of local radio disc jockey Heath 
Jackson during a burglary at his Carter Avenue home on Sept. 7, 2010. In May 
2013, defendant Ricardo Strozier pleaded guilty to Jackson's homicide and a 
string of related crimes. Judge Gil McBride sentenced him to life in prison 
without parole.

(source: ledger-enquirer.com)








MICHIGAN:

Republican Senate Candidates Spar Over Death Penalty And Integrity During 
Debate



2 Republican candidates running for the US Senate squared off on Friday. During 
a debate on WKAR-TV's Off the Record, Sandy Pensler and John James both said 
they were the best choice to take on incumbent Democrat Debbie Stabenow, though 
the candidates mostly focused on each other - not Stabenow - during the debate.

Pensler and James sharply disagreed on the issue of capital punishment. Pensler 
said he's okay with the death penalty in extreme cases. But James said it 
disproportionately affects the poor.

"But the fact of the matter is that I believe that in this country we have to 
do better and revenge killings, that's not what we're about," said James.

The candidates also sparred over who has the most conservative credentials. 
Multiple times, they questioned how pro-life and supportive of President Donald 
Trump the other is. During a heated exchange, Pensler and James attacked each 
other's integrity. The fight started when James claimed Pensler said President 
Donald Trump speaks like a 4th grader, but Pensler said James took the 
statements out of context.

"Yeah I think it's more phony John James," said Pensler. "I was speaking and 
complementing the president on speaking succinctly and simply."

Pensler and James are both businessmen, and they did manage to find some things 
they agree on. Both said a person should not be fired for their sexual identity 
and neither would abolish labor unions.

So far, this is the only scheduled, televised debate ahead of the August 7th 
primary.

(source: WKAR news)