[Deathpenalty] death penalty news----TEXAS, FLA., KY., NEB., USA

Thu Nov 22 09:12:09 CST 2018

Nov. 22

TEXAS:

Texas Court of Criminal Appeals rules against death row inmate Jeff Wood

The Texas Court of Criminal Appeals has rejected a bid by death row inmate Jeff 
Wood to reconsider his death sentence, granting the state the opportunity to 
set another execution date for Wood, whose case gained national attention 
because of his role as the getaway driver in a robbery that resulted in the 
death of a man.

Wood's original execution was set for Aug. 24, 2016. But 6 days before he 
was 
scheduled to die, the Court of Criminal Appeals halted his execution and sent 
the case back to the original trial court in Kerr County to re-examine whether 
Dr. James P. Grigson, a psychiatrist who testified in Wood's 1998 murder trial, 
gave false or misleading statements.

After Wood's case was sent back to Kerr County in 2016 following the stay of 
execution, the state filed a response saying that relief should be denied. The 
trial court originally determined that there were "no existing controverted, 
previously unresolved factual issues material to the legality of applicant's 
confinement." After a continuing back and forth with the parole board, the 
trial court and the Court of Criminal Appeals through 2017 and into 2018, the 
trial court eventually recommended execution relief be granted to Wood, 45.

The Court of Criminal Appeals disagreed on Wednesday.

On Jan. 2, 1996, Wood and Daniel Reneau robbed a Texaco station in Kerrville. 
Wood was waiting in a truck while Reneau went into the gas station and stole a 
packed safe, surveillance VCR and other items, according to court documents. 
Reneau fatally shot 31-year-old store clerk Kris Keeran after he refused to 
comply with Reneau's threats.

Both men were convicted and sentenced to death, and Reneau was executed in 
2002.

Although the court recognized the controversy of Grigson's testimony in court 
documents, the judges argued that the state had collected enough evidence to 
determine that Wood would still pose a future threat, referencing a previous 
armed robbery he Wood and Reneau were involved in, and that the two had plotted 
more crimes while in jail awaiting trial.

"Now that this application is no longer pending, the conviction court can set 
an execution date, and the Board can properly consider a possible joint request 
for commutation," Judge David Newell wrote in a concurring opinion.

Wood's case has long been controversial because of his minimal role in the 
crime and because Grigson - nicknamed "Dr. Death" for how he predicted future 
dangerousness - had not disclosed that he had been expelled from the American 
Psychiatric Association and the Texas Society of Psychiatric Physicians. 
Grigson testified that Wood would present a future danger to society if not 
granted the harshest sentencing. Wood was sentenced to death under Texas' law 
of parties, a statute that holds a person criminally responsible for a death 
even if the individual is not directly involved in the killing.

In an August 2017 letter to the Texas Board of Pardons and Parole, Lucy Wilke, 
the prosecutor in Wood's original trial who sought the death penalty against 
him, wrote to ask that the board recommend to Gov. Greg Abbott that Wood's 
sentence be reduced to life in prison. She wrote that she was an early-career 
attorney at the time of the trial and would not have asked Grigson to testify 
had she known about his expulsion from the two psychiatric organizations.

"I'm not aware of another case in which a person has been executed with as 
minimal participation and culpability as Jeff," Wood's Houston-based lawyer, 
Jared Tyler told the Tribune in a previous statement. "It's a national first in 
that regard if the state does actually execute him."

(source: easttexasmatters.com)

FLORIDA:

Man accused of setting girlfriend on fire appears to want death 
penalty----Darryl Whipple to judge: 'Willing to pay the ultimate price ... why 
can't I?'

A man accused of setting his girlfriend on fire at a Westside restaurant two 
years ago wrote a rambling, eight-page letter to the judge about to hear his 
murder trial in which he appears to ask to be put to death. Darryl Whipple, 60, 
is accused of dousing 56-year-old Carol Renee Demmons with flammable liquid and 
lighting her on fire Oct. 12, 2016, while she was working at a Golden Corral on 
Memorial Park Road, just off Normandy Boulevard. She died about 3 weeks later.

Whipple, who is due back in court next month, is facing the death penalty if 
found guilty, but this letter could delay the process.

Surveillance video from the restaurant appears to show Whipple walk up to 
Demmons, pour a liquid on her and use a lighter to set her on fire.

Shortly after his arrest, Whipple pleaded not guilty. Nearly two years later, 
Whipple appears to be asking for the death penalty.

Whipple letterIn the meticulously hand-printed letter to Circuit Judge Aho 
filed Nov. 9, Whipple takes full ownership of the crime.

"Like Luke 23:40-43, I accept the imminent three (3) nails," Whipple wrote on 
page 5. 2 pages later, he wrote: "Willing to pay the ultimate price for the 
indicted offense, why can't I!"

Ten days after the letter was submitted to the court, Aho ordered the state to 
give Whipple a mental evaluation. What doctors find could prevent him from 
facing the death penalty.

Attorney Gene Nichols, who is not affiliated with the case, said these words 
sound like a death wish.

"This is probably what triggered the court, the state and the defense to get 
this man evaluated," said Nichols, of Nichols and Pina. "As we review this 
document, what we see in here is that it appears he is asking to be put to 
death."

The confusing language of the letter could be evidence that Whipple is not 
mentally stable. It refers to "7,000,000,000 probable earthly points of view." 
He used the word "maladroit," meaning ineffective or clumsy, throughout.

"Accepting unconditional and uncompromising accountability for (my) maladroits 
on that fateful day that subsequently in ways un-be-knowing to me 
directly/indirectly contributed to demise of my companion, Ms. Carol Renee 
Demmons," Whipple wrote.

Another word he used frequently is "psychosis."

Nichols said Whipple's mental state, or lack of it, could save his life.

"At this point in time, it does not appear that his competency, whether or not 
he can even stand (trial) has been evaluated or questioned," Nichols said.

Now, a doctor has to determine what is really going on in Whipple's mind.

News4Jax tried to reach the Demmons family Tuesday, but was unsuccessful.

Whipple is due back in court Dec. 18.

(source: news4jax.com)

KENTUCKY:

Kentucky has not executed a death row inmate in 10 years, here's why----Kroger 
shooting brings new call for death penalty, but Kentucky cannot currently 
execute a death row inmate.

The Kroger killings have brought new calls for the death penalty in Kentucky.

But it's been ten years, tonight, since the Commonwealth of Kentucky executed a 
death row inmate.

In 2010 a judge ordered a stay of executions in Kentucky while attorneys argued 
over, among issues, protocols involving drugs used during lethal injection.

That stay was handed down two years after the execution of Marco Allen Chapman. 
Some who fought to save his life have described the execution of Chapman as 
"suicide by state."

His death, by lethal injection on November 21, 2008, came after he requested to 
bypass all but one required appeal.

That sped up the process for a man who killed two young children, stabbed 
another and raped their mother in 2002.

Other inmates have remained on death row in Eddyville since the early 1980's.

According to the Kentucky Department of Public Advocacy, since the death 
penalty was reinstated in 1976, 97 have been sentenced to death in Kentucky. 
They report that 49 of those sentences have been reversed on appeal or 
post-conviction.

The Kentucky Department of Corrections website shows 30 people currently on 
death row, including 1 female inmate.

Harold McQueen, Jr. was the 1st Kentucky death row inmate executed after 
reinstatement. He took his seat in the electric chair on July 1, 1997, 17 years 
after killing a young convenience store clerk.

Just less than 2 years later, Eddie Lee Harper became the 1st to get a date 
with the needle in Kentucky. His lethal injection on May 25, 1999, came 17 
years after he killed his adopted parents in Jefferson County.

Then Kentucky executed Marco Allen Chapman on November 21, 2008.

Damon Preston is the KDPA Public Advocate. His office defends those sentenced 
to die as they go through the appeals process.

"2 of the 3 men who have been executed in Kentucky in the last 40 years waived 
challenges to their case and agreed to be executed, essentially committing 
legal suicide," said Preston.

McQueen was the only to fight until the end. He is 1 of the 3 Kentucky 
executions Since 1976. In that same time, the KDPA says nine others have died 
of natural causes.

Why have there been no executions in 10 years?

Part of what has prevented The Commonwealth from carrying out the death penalty 
is tied to a 2010 court ordered stay by Franklin Circuit Court Judge Phillip 
Shepherd. Attorneys sued, in part, arguing against the Commonwealth's lethal 
injection protocols.

This year the Commonwealth's Justice and Public Safety Cabinet filed their new 
policy with Judge Shepherd.

Kentucky's Department of Public Advocacy has filed its response.

The state is expected to file again before the end of the month which could 
lead to a hearing and ruling and appeal to the Kentucky Supreme Court which 
will buy even more time for the 30 current Kentucky death row inmates.

Which raises the question -- does the process offer real resolution for 
victims' families?

Damon Preston say, "no."

"It's hard to see how the family would get resolution when the cases go on for 
so long," said Preston. "But the reason cases go on for so long is because the 
death penalty in Kentucky doesn't work. If a defendant is sentenced to life 
without parole, that defendant gets an appeal to the Kentucky Supreme Court and 
then the case is essentially over."

The Office of Governor Matt Bevin referred our request for comment to the 
Department of Corrections.

DOC Director of Communications Lisa Lamb responded, "We believe the most recent 
protocols that the Department developed, which have now been approved through 
the administrative regulation process, satisfy the concerns of the court."

The Office of Attorney General Andy Beshear represents the Commonwealth in the 
case that has put on hold executions.

Spokesman Terry Sebastian responded, "The Attorney General's Office is 
currently representing the Kentucky Justice Cabinet in this matter before the 
court. The next step is the filing of a legal brief that is due Nov. 30. Once 
all briefs are filed, we will adhere to the hearing schedule issued by the 
judge in this case. All future actions will be determined based on the rulings 
of the court."

Last week, Federal prosecutors announced an indictment on Gregory Bush. He is 
the white man accused of shooting 2 African-American shoppers at the 
Jeffersontown Kroger. While those charges are potentially death-penalty 
eligible and have been welcomed by some who called for capital punishment in 
this case, the US Government has only executed 3 inmates since the 1976 
reinstatement.

All those executions were by lethal injection at the US prison in Terre Haute. 
The last of those executions took place more than 15 years ago. So even if the 
Feds were to convict and sentence to death, it's unclear when, if ever, a 
suspect would be put to death.

(source: WHAS news)

NEBRASKA----female may face death penalty

Judge rules Boswell's attorneys too early in death penalty objection

A challenge to the Nebraska death penalty made by attorneys representing a 
woman charged in the death and dismemberment of a young Lincoln woman has been 
rejected.

Saline County Judge Vicky Johnson ruled the attorneys for 24-year-old Bailey 
Boswell were premature in their claim that the state's capital punishment 
procedure is unconstitutional, because Boswell is merely charged in the death 
of Sydney Loofe. There has been no conviction. There has been no sentence.

Boswell has been charged along with 51-year-old Aubrey Trail in the 
strangulation and death of Loofe in early December of last year.

Authorities discovered Loofe's remains in Clay County weeks after Loofe was 
reported missing.

(source: nebraskaradionetwork.com)

USA:

Secrecy Conceals 'Incompetence' in Lethal Injections: Report

Secrecy is driving a rise in inhumane executions by lethal injection across the 
U.S., according to the Death Penalty Information Center

States are repeatedly concealing controversial information regarding the use of 
illegally imported drugs, questionable drug sources, and unqualified 
executioners, says a report released by the Center, an advocacy group that 
lobbies against the death penalty.

"Without transparency, cases of incompetence or misconduct can continue 
unchecked," writes Robin Konrad, the principal author of the report.

"Enabled by their secrecy laws, many states have violated state and federal 
laws, breached contracts, obtained drugs from unfit suppliers, and hired 
incompetent executioners. Because much of that information remains hidden, the 
people may never know how often and pervasively this misconduct occurs."

Though lethal injection was supposed to be a more humane method of execution 
than hanging, the firing squad, or the electric chair, it hasn't been as 
effective as originally stated. Reports continue to emerge of incidents where 
prisoners were still awake and experiencing suffocation and excruciating pain 
during executions.

These problems have increased with the use of new drug formulas.

1 controversial drug is midazolam. In 2017, midazolam was used in 11 
executions. In more than 60 % of those executions, eyewitnesses reported 
problems such as labored breathing to gasping, heaving, convulsions, and 
clenched fists, according to the report.

In 2016, Alabama used midazolam to execute Ronald Smith. The state concealed 
most of its information surrounding executions - including hiding its protocol 
from the public, according to the report.

The report notes that Smith's request for information about the drug had been 
denied, and without that information, his constitutional challenges to the 
state's use of midazolam were rejected by the courts. During his execution, 
Smith gasped for breath for nearly 15 minutes of the 34-minute-long execution, 
and a media witness observed Smith heaving and clenching a fist and noticed 
that 1 of his eyes appeared to be open.

The report outlines how states have adopted laws and policies to make 
information about executions inaccessible to the public, to pharmaceutical 
companies, and to prisoners.

It also explains how government policies that lack transparency and 
accountability permit states to violate the law and "disregard fundamental 
principles of a democratic government while carrying out the harshest 
punishment the law allows."

A full copy of the report can be found at 
https://deathpenaltyinfo.org/files/pdf/SecrecyReport.pdf

(source: thecrimereport.org)

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

Boston Marathon Bomber Offered to Help Prosecution to Avoid Death Penalty

Dzhokhar Tsarnaev, who was sentenced to death for the 2013 Boston Marathon 
bombing, wanted to plead guilty and aid prosecution in exchange for life 
imprisonment but prosecutors rejected the deal, media reported on Thursday 
citing court documents.

Tsarnaev "offered to provide certain kinds of cooperation and assistance, in 
the course of plea negotiations," the document unsealed on Wednesday read, as 
quoted by the NBC News broadcaster.

However, the authorities "consistently rejected" Tsarnaev's conditional offers, 
according to the broadcaster.

The Boston Marathon bombing on April 15, 2013, killed 3 people and injured 
hundreds of others. Dzhokhar and his older brother Tamerlan were found guilty 
of the attack. Tamerlan was killed by police while on the run on April 19 of 
the same year, while Dzhokhar was arrested the following day and sentenced to 
death by lethal injection in May 2015.

(source: sputniknews.com)