[Deathpenalty] death penalty news----TEXAS, OHIO, TENN., MICH., MO., NEB., USA

[Rick Halperin]

June 2




TEXAS:

Texas loses long battle to hide execution drug supplier-----A court has cleared 
the way for the disclosure of an execution drug supplier that the nation's 
busiest death penalty state has fought for years to keep under wraps



The Texas Supreme Court has cleared the way for the disclosure of an execution 
drug supplier that the nation's busiest death penalty state has fought for 
years to keep under wraps.

The decision Friday is expected to only identify the supplier Texas used in 2 
2014 executions. Gov. Greg Abbott signed a measure into law the next year 
allowing the state to keep future supplier records secret.

Republicans hold all seats on the Texas Supreme Court and issued no comment 
while keeping in place a lower ruling to reveal the supplier identity.

Attorney Maurie Levin sought the supplier name in 2014 on behalf of a death-row 
inmate. She called the decision a victory for transparency.

A federal judge ruled Thursday that Alabama must reveal details of its lethal 
injection procedure.

(source: Associated Press)

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

Texas Supreme Court: state must reveal execution drug supplier



The Texas Supreme Court has dumped the state's appeal to hide where it buys 
execution drugs, forcing the state to reveal which pharmacy it bought from 
after years of fighting to keep the information secret. But it may make no 
difference.

The court ruled without comment Friday, backing a 2017 decision from the 
Austin-based 3rd Court of Appeals that found exemptions to the state's open 
records law cannot hide the pharmacy's identity. Prison officials have argued 
the information should remain secret to protect the drug suppliers from 
protests from death penalty opponents.

"They have been fighting tooth-and-nail about releasing information about their 
lethal injection drug supply from 4 years ago," Maurie Levin, one of the three 
plaintiff lawyers on the case, said about the state's fervent opposition. She 
said the ruling will effect naming the pharmacy that was used in 2014.

The ruling will have a limited effect, Levin said, because the Texas 
Legislature changed state law in 2015 to keep secret the names of pharmacies 
providing the state execution drugs.

(source: Houston Chronicle)

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

Judge sets trial date in 4-year-old capital murder case



Todric Deon McDonald has been in jail for 4 years since his arrest in the 
shooting deaths of 2 cousins at the Pecan Tree Apartments.

Multiple trial dates have been postponed over the years, and the victim's 
mothers, Mary Rodriguez and Maria Gonzalez, have grown increasingly frustrated 
with every delay.

On Friday, 19th State District Judge Ralph Strother gave the mothers some good 
news. He set Feb. 11 as a trial date for McDonald in the May 2014 deaths of 
Justin Javier Gonzalez and Ulysses Gonzalez. Prosecutors have said they will 
seek the death penalty against the 31-year-old McDonald.

"Thank Jesus," Mary Rodriguez, the mother of Justin Gonzalez, said after the 
brief status conference. "I feel good that it is finally coming to an end. It 
has taken so long. It has been frustrating. But we are glad and relieved that 
we finally have a trial set."

Part of the delay in bringing McDonald to trial was because his attorneys, John 
Donahue and Jon Evans, have been involved in a capital murder trial in Bell 
County, which ended Thursday night.

Another factor was the heavy burden the 154 indicted defendants in the Twin 
Peaks biker shootout case placed on the overall criminal justice system in the 
county. That was before McLennan County District Attorney Abel Reyna dismissed 
all but two dozen of the cases being handled locally. Special prosecutors 
appointed after Reyna recused his office are handling three pending Twin Peaks 
cases.

Justin Gonzalez and Ulysses Gonzalez died from multiple gunshot wounds at the 
apartment complex in the 2600 block of Grim Avenue.

Jail officials also filed an indecent exposure charge against McDonald in May 
2016 after he reportedly called a female jailer to his cell and she reported he 
was standing there naked and masturbating.

A status conference in the capital murder case of McDonald's co-defendant, Tony 
Olivarez, 33, is set for Aug. 17 in Waco's 54th State District Court. No trial 
date has been set in Olivarez's case.

(source: Waco Tribune)








OHIO----new death sentence

Shawn Grate gets death penalty for strangling 2



A man convicted of strangling 2 women and suspected in 2 more deaths has been 
sentenced to death by an Ohio judge.

An Ashland County judge announced Friday that 41-year-old Shawn Grate will be 
executed for killing 43-year-old Stacey Stanley and 29-year-old Elizabeth 
Griffith in 2016.

Their bodies were found in an Ashland home after a 3rd woman called 911 and 
said she was being held captive. Jurors convicted Grate on aggravated murder 
and kidnapping charges.

Defense attorneys and prosecutors weren't allowed to comment on the jury's 
sentencing recommendation because of a gag order.

The Richland County prosecutor has said he will pursue charges against Grate in 
the slayings of 2 more women.

(source: Associated Press)

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

Worley files notice to appeal death penalty sentence



James D. Worley, the man convicted and sentenced to death for the aggravated 
murder of 20-year-old Sierah Joughin has filed a notice to appeal Thursday with 
the Ohio Supreme Court.

Worley, 59, of rural Delta, was convicted March 27 by a Fulton County jury on 
17 counts, including aggravated murder, kidnapping, and felonious assault.

The jury then recommended a death sentence for the aggravated murder charges, 
which Fulton County Common Pleas Judge Jeffrey Robinson imposed April 18.

Ms. Joughin, of Metamora, was kidnapped while riding her bike in rural Fulton 
County in July, 2016. Her body was found buried in a cornfield days later. An 
autopsy revealed she died of asphyxia.

The filing comes at the end of his window to do so, as he had 45 days after 
sentencing. During a disjointed, wide-ranging statement to the court on the day 
of sentencing, Worley maintained his innocence and indicated he would appeal.

"There will be an appeals process and I just have to pray that I will be 
vindicated because... I didn't do anything," he said at the time.

He has been assigned 2 appellate attorneys: Gary Crim, of Dayton, and Andrew 
Avellano, of Columbus.

(source: The Blade)

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

Worley files notice to appeal death penalty sentence



The Fulton County man sentenced to death for the slaying of 20-year-old Sierah 
Joughin has taken the 1st step in what is expected to be a lengthy appeal 
process.

"They're measured in years, not months," Dayton attorney Gary Crim said of 
appeals of death-penalty convictions.

Mr. Crim and attorney Andrew Avellano of Columbus were appointed to represent 
James D. Worley, 59, of rural Delta, who filed his notice of appeal Thursday 
with the Ohio Supreme Court.

Worley was convicted March 27 by a Fulton County jury on 17 counts, including 
aggravated murder, kidnapping, and felonious assault stemming from the death of 
Ms. Joughin.

The Metamora woman was abducted while riding her bike in rural Fulton County in 
July, 2016. Her body was found buried in a cornfield days later. An autopsy 
revealed she had been asphyxiated.

After the jury pronounced Worley guilty, the panel then recommended a death 
sentence for the aggravated murder charges, which Fulton County Common Pleas 
Judge Jeffrey Robinson imposed April 18.

Mr. Crim said he was not familiar with the Worley case and would first be 
requesting the full court record, including trial transcripts, before preparing 
Worley's appeal.

During a disjointed, wide-ranging statement to the court on the day of 
sentencing, Worley maintained his innocence - going as far as stating he 
believes he was framed and that someone left DNA evidence at his home and and 
other items at the suspected abduction scene where Ms. Joughin's bike was 
found.

He also indicated he would appeal.

"There will be an appeals process and I just have to pray that I will be 
vindicated because... I didn't do anything," he said at the time.

(source: Toledo Blade)

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

Board rejects mercy for Cincinnati killer citing abuse, mental illness



The Ohio Parole Board has recommended against mercy for a condemned killer 
whose attorneys cite a history of abuse and untreated mental illness.

The board ruled 8-1 Friday against the clemency request by death row inmate 
Robert Van Hook.

They say he experienced a "homosexual panic" of self-revulsion before killing a 
man he picked up at an Ohio bar.

Van Hook is scheduled to die July 18 for strangling and stabbing David Self in 
Cincinnati in 1985.

Prosecutors say courts have fairly considered Van Hook's childhood and mental 
health claims previously and there are no grounds for sparing him.

They also dismiss Van Hook's "homosexual panic" claim as nonsense, saying he 
made a practice of luring gay men to apartments to rob them.

The Hamilton County Prosecutor's Office also notes Van Hook has an extensive 
history of violence while incarcerated, including stabbing a fellow death row 
inmate in November.

The parole board heard arguments last week for and against Van Hook's clemency 
request.

Gov. John Kasich will have the final say.

(source: Associated Press)








TENNESSEE:

DA seeking death penalty against both suspects charged with murdering Tennessee 
deputy



District Attorney Ray Crouch said he will be seeking the death penalty against 
2 suspects charged with the murder of a Tennessee deputy.

Steven Wiggins and Erika Castro-Miles are both charged with the 1st-degree 
murder of Dickson County Deputy Sgt. Daniel Baker.

Wiggins was captured by a Tennessee Highway Patrol trooper in Hickman County 
Friday morning and Castro-Miles was captured shortly after the crime on 
Wednesday.

Crouch said both will be held without bond and the DA's office will argue 
against either suspect getting bond. He will be seeking the death penalty for 
both suspects.

"Based upon the evidence and aggravating factors in this case, the State will 
be seeking the death penalty for both defendants." - DA Ray Crouch

The Tennessee Bureau f Investigation said Baker was killed after responding to 
a report of a suspicious vehicle. GPS tracking technology was used to find 
Baker's patrol car after he had not been hear from for a period of time. 
Authorities found Baker dead in the vehicle.

An affidavit said Castro-Miles watched as Wiggins shot Baker to death. She 
tried to flee by hiding under a house, but was spotted by the property owners 
and detained by police.

(source: WZTV news)








MICHIGAN:

172 years without death penalty in Mich. proves the state can be reasonable



We can get so caught up with ongoing problems here in Michigan (roads, water, 
schools, etc.) that it's easy to forget some of the reasons we have for taking 
pride in our state. Recently, we marked the 172nd anniversary of Michigan 
becoming the first English-speaking government to abolish the death penalty. 
Even more impressive, we have not changed our minds.

Sure, there have been periodic efforts to legalize capital punishment in some 
shape or form. But to our credit, Michigan has resisted the emotional appeal 
and stayed the course. As the cartoon illustrates, there are many practical and 
moral reasons to be against capital punishment. Reasons to be for it are 
largely emotional.

That said, I can totally understand - even empathize with - how weighty those 
feelings can be. The Larry Nassar case provides a perfect example. After 
reading about and listening to the testimony of his victims, and considering 
their ages and sheer numbers, I have to admit the death penalty crossed my 
mind. (That's a caricature of me, by the way, jumping up and down on the FOR 
side.)

But it comes down to this: How can we write death penalty laws so they are 
air-tight? How can we apply them evenly? How exactly would the convicted be 
executed? How much would it all cost?

It says something positive about our state and ourselves that we have decided 
to go with reason over emotions. Because at any given moment we all can feel 
very pro-capital punishment for, say, slow drivers in the passing lane.

(source: John Auchter is a freelance editorial cartoonist. His views are his 
own and do not necessarily reflect those of Michigan 
Radio----michiganradio.org)








MISSOURI:

Missouri's governor leaves office without granting pardon to death row inmate



Missouri's governor took the rare steps last year of staying the execution of a 
death row inmate and announcing the creation of a 5-person panel to look at the 
case.

But with Eric Greitens resigning in disgrace and leaving office Friday, 
supporters of convicted killer Marcellus Williams, 49, were scrambling to 
figure out whether that board inquiry would ever meet.

The board of inquiry had been scheduled to meet Tuesday but an attorney for 
Williams' team said the team had been notified that the meeting was canceled.

Williams' supporters remained hopeful, but on Friday learned his name was not 
included on a clemency and pardon list released by Greitens' office before the 
governor resigned.

Greitens decided to issue five pardons and commute four sentences before 
leaving his position. The list included men and women sentenced for crimes 
ranging from DWI to capital murder.

"Each of the people on this list has a story to tell, and I look forward to 
each of them having the chance to do that," Greitens' office said in a 
statement. "Each of them has overcome injustice, and many have overcome abuse. 
Each of them has something to give to this state, and to the world."

The NAACP was one of the groups that asked Greitens to commute Williams' 
sentence before departing office.

"The (NAACP) has long been opposed to the death penalty in any case because it 
is a cruel, inhumane, and unnecessary punishment that has been applied in a 
racially disparate manner. However, above and beyond these general problems, 
there are compelling reasons to spare Mr. Williams' life," NAACP President 
Derrick Johnson said earlier.

Lt. Gov. Mike Parson will replace Greitens.

Williams was convicted in the death of Felicia Gayle, 42, a former reporter for 
the St. Louis Post-Dispatch newspaper who was stabbed 43 times inside her home 
in August 1998.

The newly acquired evidence shows Williams' DNA was not found on the murder 
weapon, Williams' lawyers say, and DNA from another male was found.

That evidence was not available when Williams went to trial in 2001, court 
documents say. Williams maintains his innocence and says he was convicted on 
the testimony of individuals who were, themselves, convicted felons.

The state attorney general's office said the new DNA evidence does not show 
that Williams is innocent. His guilt was proven without DNA evidence, it said.

Other evidence included a laptop belonging to the victim's husband, which 
Williams sold and police recovered, and some of the victim's personal items, 
which police found in the trunk of the car Williams drove, according to court 
documents.

Williams was picked up on unrelated charges about 3 weeks after Gayle was 
killed.

His cellmate from at time, Henry Cole, and Laura Asaro, Williams' girlfriend, 
testified for the state, saying Williams told them separately that he killed 
Gayle, according to the documents filed by the state attorney general.

(source: WGAL news)








NEBRASKA----new death sentence

Patrick Schroeder sentenced to death for killing cellmate; 12 now on Nebraska's 
death row



A 3-judge panel has decided that Patrick Schroeder deserves a death sentence 
for killing his prison cellmate last year.

Schroeder, 40, will join the 11 men already on Nebraska's death row.

"May he rot in the gates of hell. He's a gutless good-for-nothing," said John 
James of Bennet, grandfather of Terry Berry, whom Schroeder strangled in his 
cell at the Tecumseh State Correctional Institution on April 15, 2017.

James quietly shook his fist in satisfaction after the death sentence was 
announced.

Later, he said he blames the state for putting his grandson, convicted of 
forgery, in the same cell as Schroeder, who was serving a life sentence for 
killing 75-year-old Pawnee City farmer Kenny Albers.

"That is stupid. That is plain stupid," James said of the 2 sharing a cell.

Before announcing the death sentence Friday, presiding Judge Vicky Johnson of 
Wilber asked attorneys for the prosecution and defense if they had any final 
words. When they declined, she turned to Schroeder.M

"Anything you want to tell me?" she asked him.

He answered no.

Johnson said the panel did not consider the fact that Schroeder "expressly 
welcomes a death sentence."

"It is the law, and not the defendant's wishes, that compels this panel's 
ultimate conclusion," she said. "Mr. Berry's murder was disturbing in its own 
right and especially cruel," particularly because he was so close to release 
and Schroeder knew it.

She said while it is in Schroeder's favor that he saved Berry's family from 
having to go through a trial and the county from the expense of a trial, those 
factors don't outweigh the aggravating circumstance.

Judges Johnson, Robert Otte of Lincoln and John Marsh of Kearney heard evidence 
in April on aggravators.

Prosecutors alleged just 1 aggravator needed to make the case eligible for the 
death penalty - and Schroeder, who represented himself, chose not to fight the 
death penalty and made no argument or case for why the judges shouldn???t give 
it to him.

He admitted to strangling 22-year-old Berry because he wouldn't stop talking.

Berry had been moved into Schroeder's cell almost a week earlier. Schroeder 
said he knew it wasn't going to work, but he said prison staff just laughed 
when he asked for the cellmates to be separated.

Schroeder was in prison on a life sentence for beating Albers to death and 
dumping his body in a well in 2006.

Last year, the case brought renewed questions and scrutiny from state senators 
and prisoner advocates alike who saw the killing as yet another failure of a 
prison system beset by one problem after another. Many asked how Berry, who was 
one month from a parole hearing, had come to share a cell with Schroeder, who 
was serving life for beating Albers to death and dumping his body in a well in 
2006.

At Schroeder's plea hearing, Assistant Nebraska Attorney General Doug Warner 
said Schroeder and Berry had shared cell No. 16 in a segregation unit at the 
Tecumseh State Correctional Institution from April 10 to April 15, the night a 
corrections officer doing normal checks came by and Schroeder said there was 
"something he needed to get out of his cell."

Berry was lying unconscious on the floor with a towel around his neck.

He was taken to a Lincoln hospital, where he died 5 days later.

An autopsy confirmed he'd been choked to death, something Schroeder himself 
told an investigator, Warner said.

(source: Lincoln Journal Star)








USA:

Christian preacher says gays should be executed because the Bible commands 
it----Matt Powell called homosexuality "disgusting" and said "the Bible puts 
the death penalty on it"



A Christian preacher has claimed that gays should be executed because the Bible 
commands it.

Matt Powell, 22, made the comments during an interview with YouTube personality 
Skylar Fiction, saying he believes gays should be killed in accordance with 
writings in the Bible.

"As far as homosexuality goes, you know, I believe the Bible puts the death 
penalty on it," he said. "I believe it's disgusting."

Fiction asked Powell, who is not an ordained minister, to clarify his death 
penalty comment.

"We're not a theocracy in this country, so you don't believe that gay people 
should be stoned to death, do you?" Fiction said.

"I believe the Bible puts the death penalty on it," Powell said. "Obviously, 
not by me or anybody in a regular society... I believe it's the government's 
job to execute criminals. I believe that the Bible says clearly that 
homosexuality is a criminal crime. It's a crime. It's one of the worst crimes 
ever."

"Is that what you're advocating for?" Fiction asked. "That our government 
should stone gays to death to execute them?"

"By whatever means they execute people," Powell responded. "And obviously, I 
believe in humane, you know, putting to death."

Fiction pointed out the contradiction, saying, "You can't use the word humane 
and then say you're going to kill people because they're gay."

Powell also believes that the government should be allowed to kill 
disrespectful children, because that's what the Bible says should happen. When 
Fiction asked why he believes God is good, Powell only could say it was because 
that's what the Bible says.

After the interview first aired, Powell took to his own YouTube channel to 
complain about the way his homophobia had been received.

"I just want to make it clear to everybody that I do not take those statements 
back," he said. "I mean what I said in those statements and I don't care what 
anybody thinks of me. You guys can all say that I'm a crazy idiot - I just 
simply believe the Bible."

Powell added that a video he created in which he discussed homosexuality had 
been removed by YouTube for infringing guidelines on hate speech.

(source: (Wash. DC) metroweekly.com)