[Deathpenalty] death penalty news----PENN., ALA., MISS., IND., NEB., ARIZ., USA

[Rick Halperin]

September 15




PENNSYLVANIA:

Missing expert report sought before new sentencing trial for Melvin Knight



Attorneys for Melvin Knight have 2 weeks to give prosecutors details collected 
from a taxpayer-funded expert hired to prepare trial evidence to determine if 
he again gets a death sentence for the 2010 torture slaying of a mentally 
disabled woman.

During a hearing Friday before Westmoreland County Common Pleas Judge Rita 
Hathaway, defense lawyers Tim Dawson and James Robinson said that despite 
paying a New York expert for her work over the last year, they have yet to 
receive any written reports regarding Knight's case.

"It's a dispute over money, and we never got a report. She asked for an 
additional $5,000," Robinson said.

Knight, 28, formerly of Swissvale, Allegheny County, is on death row after he 
pleaded guilty to 1st-degree murder for his role in killing 30-year-old 
Jennifer Daugherty. He was sentenced to die by lethal injection. A state 
appeals court overturned his death sentence and ordered a new trial to 
determine his penalty.

Knight was 1 of 6 Greensburg roommates convicted in Daugherty's torture and 
killing. Prosecutors said she was held captive for more than 2 days and stabbed 
to death. Her body was found bound in Christmas lights and garland and stuffed 
into a trash can that was discarded under a truck in a snow-covered parking 
lot.

In preparing for Knight's 2nd sentencing trial, which is scheduled for jury 
selection to begin Oct. 29, the defense hired three experts to assist with 
preparing the case in which they will seek life prison term without the 
possibility for parole.

The judge last year authorized the defense to pay New York mitigation 
specialist Jennifer Wynn up to $10,000 to research Knight???s background in 
preparation for the trial. According to court records, Wynn was paid $7,117 
from Westmoreland County for her work. Details about Knight she learned were 
included in reports generated by 2 other defense-hired experts, information 
that was shared with prosecutors.

Wynn was not expected to be called as a witness at trial, Dawson said.

Wynn, who is listed as an associate professor of criminal justice at City 
University in New York, could not be reached for comment.

The prosecution needs to see all of the information compiled by Wynn in order 
for its expert to prepare a report that will be used to attempt to convince 
jurors to impose a death sentence, District Attorney John Peck and Assistant 
District Attorney Leo Ciaramitaro said.

"We need to see the same stuff their experts used," Ciaramitaro said.

The judge ordered defense attorneys to contact Wynn in an effort to have her 
detail her work. Prosecutors have to give the defense reports from its own 
experts at the start of the trial, the judge ruled.

(source: triblive.com)








ALABAMA:

AL supreme court reverses Anthony Lane's death sentence



The Supreme Court of Alabama has reversed and remanded the death penalty 
sentence for a man convicted of robbing and fatally shooting a man in 2009.

Anthony Lane was convicted in 2011 of capital murder during the commission of a 
robbery in the death of 57-year-old Frank Wright, who was killed off Messer 
Airport Highway while en route to pick up his wife at Birmingham's airport.

Based on the jury's recommendation, Circuit Judge Clyde Jones sentenced Lane to 
death. The Alabama Court of Criminal Appeals affirmed Lane's conviction and 
sentence and the Alabama Supreme Court denied Lane's request to review his 
conviction on Jan. 30, 2015.

Now, the Alabama Supreme Court has reversed the judgement of the Court of 
Criminal Appeals, which upheld his sentence, and remanded the matter to the 
trial court to sentence him to life in prison without the possibility of 
parole, the court said in a ruling issued Friday.

"Based on Atkins, Hall, and the apparent reasons behind the United States 
Supreme Court's vacation of the Court of Criminal Appeals' judgment, we must 
reverse the judgment of the Court of Criminal Appeals and remand the cause to 
that court with directions to remand the matter to the trial court," the state 
supreme court said.

On Oct. 5, 2015, the U.S. Supreme Court vacated Lane's sentence and remanded it 
back to the Alabama Court of Criminal Appeals of Alabama for further 
consideration. The high court asked the Alabama appeals court to look at the 
case in light of the U.S. Supreme Court's 2014 ruling that declared 
unconstitutional Florida's method of determining whether a capital murder 
defendant is intellectually disabled.

Florida law says an intellectual disability is defined as an IQ test score of 
70 or less. But the supreme court justices held that that Florida's "rigid rule 
... creates an unacceptable risk that persons with intellectual disability will 
be executed, and thus is unconstitutional."

Lane had a full-scale IQ of 70.

The Florida case focused on the medical community's interpretation of the 
significance of an IQ test score. Because Lane was afforded a hearing on his 
intellectual disability, the trial court was not barred from considering other 
evidence in determining whether Lane was intellectually disabled, the appeals 
court stated.

Therefore, the Alabama Court of Criminal Appeals ruled, Lane is due no relief 
under the U.S. Supreme Court ruling in the Florida case.

Associate Justice Greg Shaw dissenting on the Supreme Court of Alabama's 
ruling, saying the court is acting prematurely in vacating Lane's death 
sentence.

Shaw said the court should more closely examine whether Atkins v. Virginia, a 
Supreme Court case which determined intellectually disabled people are not 
eligible for the death penalty, applies to lane. Specifically, the court should 
look at whether Lane exhibits subaverage intellectual functioning and whether 
he exhibits deficits in adaptive behavior, which problems manifested themselves 
before the age of 18, Shaw said in his dissent.

"The trial court ruled that he failed to prove that he exhibited significant or 
substantial deficits in adaptive behavior--the second part of the Atkins 
analysis described above," he said.

Shaw said he agreed no strict IQ score cutoff was used in this case and said 
Lane was afforded the full opportunity to present exactly the type of 
adaptive-skills evidence.

After the state supreme court granted certiorari review, the state and Lane 
filed a "joint motion" indicating that they had "reached an agreement" and 
asking this Court to remand the case to the trial court with instructions to 
resentence Lane to life imprisonment without the possibility of parole. Both 
parties later also told the court they both agreed "that death is not the 
proper sentence" in this case and that "[t]his agreement was reached after a 
thorough review of the existing record and an examination of additional 
evidence that is outside the record."

Shaw called the joint motion improper.

"But there is a better, more procedurally proper way to do this; I thus 
respectfully dissent," he said.

Associate Justice Kelli Wise concurred.

(source: al.com)








MISSISSIPPI:

After 16 years, Jeffrey Havard is off Mississippi's death row----Jeffrey 
Havard, now on Mississippi's death row, insists he accidentally dropped the 
baby, Chloe Madison Britt, and that she hit her head on a toilet. A hearing in 
court on Aug. 14 will determine if Havard will receive a new trial in the 2002 
crime.



Jeffrey Havard has spent nearly 16 years behind bars on Mississippi's death row 
for a crime the state's then-pathologist didn't believe took place.

On Friday, Adams County Circuit Judge Forrest A. Johnson ordered Havard off 
death row after questions arose regarding whether 6-month-old Chloe Madison 
Britt actually died of shaken baby syndrome.

"While the evidence presented by the (defense) is not sufficient to undermine 
this Court's confidence in the conviction," Johnson wrote, "there is a cautious 
disturbance in confidence of the sentence, even if slight."

Johnson vacated the death sentence and ordered a new sentencing hearing for 
Havard before a jury, which would decide between the death penalty and a life 
without parole.

"With all due respect, we think the court got it wrong," said defense lawyer 
Graham Carner, who is representing Havard with Mark Jicka. "We are 
disappointed, but we are not done."

Carner said he wants a jury to hear all of the evidence in the case "and not 
evidence that is unquestionably false and based on bad science. We have been 
fighting for Jeffrey for 10 years, and we will continue to do so."

Havard has spent most of his adult life behind bars and will celebrate his 40th 
birthday in November.

At the 2002 trial, the state's then-pathologist Dr. Steven Hayne testified that 
Chloe died of shaken baby syndrome, comparing it to a motor vehicle crash or a 
fall from a significant height.

But Hayne later backed off that conclusion, telling the Clarion Ledger there 
was "growing evidence" his shaken baby diagnosis was "probably not correct" 
because shaking alone couldn't generate enough force to cause such injuries.

After questions were raised about the case, the state Supreme Court in 2014 
gave Havard permission to seek an evidentiary hearing.

For decades, shaken baby syndrome was widely accepted, diagnosed through a 
triad of symptoms: subdural bleeding (blood collecting between the brain and 
the skull), retinal bleeding (bleeding in the back of the eye) and brain 
swelling.

In the years since, medical belief that these symptoms provided ironclad proof 
of homicide began to crumble after a series of studies began to raise doubts.

In 2009, the American Academy of Pediatrics recommended that the syndrome 
diagnosis be discarded and replaced with "abusive head trauma."

At the request of the Clarion Ledger, New York pathologist Dr. Michael Baden 
studied the autopsy report and other materials in Britt's death.

He found no support for the shaken baby conclusion, pointing to a lack of neck 
or chest injuries or spine or rib fractures that suggest such abusive shaking.

At a hearing last year, Hayne testified that the term he would use now would be 
"abusive head trauma" to describe the injuries to Chloe, which he said included 
bruises on the forehead, scalp, back of head and mouth as well as bleeding 
between the skull and brain.

He said he still believed her death was a homicide - and Johnson came to the 
same conclusion in his ruling Friday.

The judge cited Havard's initial statement to authorities that he didn't know 
what happened to Britt.

The morning after Chloe's death, Havard told authorities that he dropped the 
baby accidentally after getting her out of the bathtub and that she hit her 
head on the porcelain toilet.

Hayne acknowledged that "tremendous G forces can be generated in a short fall. 
If it's straight to the head, then it could cause serious injury."

Baden testified that the problem with the "abusive head trauma" conclusion is 
that it's impossible to tell whether a person accidentally fell down the stairs 
or someone pushed that person.

He said he disagreed with a prosecution expert from the 2002 trial who claimed 
Britt's retinal hemorrhages proved that this baby had been shaken.

"It's my opinion that shaking had nothing to do with the death," Baden said. 
"It's my opinion that all of the injuries are consistent with blunt force 
impact."

The baby's injuries are consistent with the fall that Havard described, Baden 
said. "With short falls, you can have fatal injuries."

Last year's hearing did not include a discussion about evidence about the 
alleged sexual abuse, the underlying felony, which qualified the case for the 
death penalty.

"I didn't think there was a sexual assault," Hayne told the Clarion Ledger. "I 
didn't see any evidence of sexual assault."

At trial, several emergency room nurses and doctors testified there was 
unquestionable evidence of sexual assault, saying they saw tears and rips in 
the child's anus.

"Maybe they were looking at folds and thought they were tears," Hayne told the 
Clarion Ledger. "We were very careful, and we also took sections."

A rape kit also found no semen or foreign DNA, and he examined those sections 
under a microscope.

He said the anal contusion he did could have been consistent with the child 
passing a harder stool.

But jurors never heard that evidence, and they convicted Havard of capital 
murder.

Baden said when doctors overstate the case, such as with shaken baby syndrome, 
"innocent people can get convicted."

(source: Clarion Ledger)








INDIANA:

Death penalty dropped for murder suspect Wayne Kubsch



The state of Indiana will no longer seek the death penalty for Wayne Kubsch, 
the Mishawaka man accused of killing his wife, her ex-husband and her 
10-year-old son in 1998.

The St. Joseph County Prosecutor's Office filed a motion to amend the charges 
against Kubsch. In that motion, the state struck down a request for a death 
sentence and replaced it with a request for life in prison without parole.

According to the Prosecutor's Office, they made the decision to amend the 
charges after extensive discussions and meetings with the victims' families.

Kubsch was sentenced to death in 2000, but his conviction was set aside by the 
Indiana Supreme Court 3 years later.

He was convicted for a 2nd time in 2005, but a federal appeals court threw out 
that conviction.

Officials say Kubsch murdered Aaron Milewski, Beth Kubsch, and her 10-year-old 
son back on September 18, 1998.

(source: WNDU news)








NEBRASKA----new death sentence

Convicted killer Anthony Garcia has been sentenced to death



Convicted killer Anthony Garcia has been sentenced to death. That word came 
during an emotional afternoon in court Friday in which one of the judges 
involved in the case had to leave the courtroom. Judge Randall wheeled out of 
court

The sentencing of Garcia came to an abrupt halt as Judge Gary Randall, 
reviewing the case prior to sentence, paused, and stepped away from the bench 
saying he was in pain. "I apologize," the judge said as he left the courtoom.

Randall appeared moments away from issuing sentencing but stepped away from 
bench. He said it wasn't nerves, but pain. His breathing was labored for the 
last few minutes as he read.

Medics were called. They wheeled Judge Randall from the courtroom.

After a delay, the remaining 2 judges from the 3-judge panel resumed the 
proceedings. District Judge Rick Schreiner of Beatrice was on the bench. He 
made brief mention that Judge Randall's pain was related to a back issue but 
details are uncertain.

The sentencing order was already written. Both of the other 2 judges involved 
Friday served on the 3-Judge panel.

Judge Schreiner finished the panel's work sentencing Garcia to death.

"I don't have a question that that was the correct procedure. I just hope Judge 
Randall is ok and everybody I know wants him to be ok, and he's in our thoughts 
and prayers right now. I mean, he got taken out of here in a squad and that's 
concerning," said Douglas County Attorney Don Kleine.

Garcia was found guilty of murdering Dr. Roger Brumback, his wife Mary, 11-year 
old Thomas Hunter and the Hunters' housekeeper Shirlee Sherman.

In June, the 3-judge panel heard from the defense and prosecutors on why Garcia 
should or should not be given the death penalty.

Garcia sat through the hearings unresponsive with his eyes closed as his 
lawyers presented a defense of mental illness.

Murder Victims

In October, 2016, a Douglas County jury convicted Garcia on all counts 
including 4 counts of 1st Degree Murder.

The jury weighed weeks of testimony about the 2008 deaths of Thomas Hunter and 
Shirlee Sherman as well as the 2013 deaths of Dr. Roger Brumback and Mary 
Brumback.

Prior to sentencing Friday, Bradley Waite, Shirlee Sherman's brother said, 
"Today will not be the last chapter, we know that." He said, "We'll get a sigh 
of relief upon his death. And the sooner the better."

After the sentencing, Waite said, "The lethal injection is way too good for 
him."

Jeff Sherman, Shirlee Sherman's son, said, "Mr. Garcia doesn't deserve my 
forgiveness."

Daniel Waite, Shirley's brother, said, "The facts were pretty clean to me 
throughout." He said, "The images of the murders that we witnessed during court 
were indelible."

After sentencing, Claire Hunter, the mother of Thomas Hunter, said, "Thomas was 
a wonderful, lively child." She said "He was a joy in everybody's life and he 
didn't deserve what happened to him."

Garcia's brother, Fernando Garcia, offered apologies to the families of the 
victims. "We just want the victims families to know that we pray for them." He 
said he hopes they find closure.

Prosecutor Don Kleine said, "We're very satisfied. We're very happy that this 
is done." He said this has been a long case that took a lot of work by Omaha 
Police to get the case to court.

An appeal is automatic. Kleine said, "The Supreme Court will hear this case," 
but the prosecutor added, "We know that he's never going to get out to hurt 
anybody else."

Garcia on death row

Garcia was moved to death row after the hearing, looking only slightly more 
alert, where he will remain unless an appeal were to change something.

(source: WOWT news)








ARIZONA:

Arizona Supreme Court affirms conviction in 3-year-old girl's beating death



The Arizona Supreme Court affirmed the conviction and sentence of a man who got 
the death penalty for fatally beating his live-in girlfriend's 3-year-old 
daughter.

The high court issued a 29-page ruling Thursday after considering more than a 
dozen issues in Dauntorian Lydel Sanders' case and said substantial evidence 
supported the conviction.

A jury found the then 28-year-old Sanders guilty of 1st-degree murder and two 
counts of child abuse. He was sentenced in 2014.

Chandler police say 3-year-old Schala Vera wasn't breathing when she was found 
lying between a toilet and a bathroom sink where she crawled to hide in August 
2009.

Police say the girl was covered with bruises and belt marks on her arms, legs, 
torso and head.

An autopsy showed Schala died of massive blunt force trauma.

(source: azcentral.com)








USA:

Despite NH Loss, Support Growing for Death Penalty Repeal



A majority of lawmakers in New Hampshire voted on Thursday in support of 
abolishing the death penalty, but fell 2 votes shy of overriding Governor Chris 
Sununu's veto of a repeal bill. Despite the outcome, observers and 
abolitionists say support for the cause is at a new high in the state, and 
continues to gain traction around the country.

New Hampshire's death penalty repeal bill passed through 2 
Republican-controlled chambers; while state senators voted 14-10 in support of 
repealing on Thursday, 16 votes are required to override a gubernatorial veto.

"That shows real momentum and the bill will certainly be back next year," said 
the National Manager of Conservatives Concerned About the Death Penalty.

31 states still have death penalty laws still on the books; and 12 of those 
states either have an official moratorium on executions, or have had no 
executions in over a decade. Earlier this year, CCADP told The Crime Report the 
group was hopeful about repeal efforts in New Hampshire, Washington State, and 
Utah. While none have yet succeeded, observers still note a trend favoring 
abolition, despite hardening positions on both sides in response to the Trump 
administration.

"What's notable is that the efforts to repeal the death penalty have become 
increasingly bipartisan," Robert Dunham, Executive Director of the Death 
Penalty Information Center (DPIC) told The Crime Report.

"Since the efforts to abolish the death penalty are incremental, even the 
efforts that do not succeed in a given year are an indicator of what the long 
term trends are."

A Washington repeal bill, hailed as a way to reduce criminal justice expenses, 
gained more support this year than similar efforts in the past 5 years, passing 
the Senate in a strong bipartisan vote; but did not move for a House vote 
before the session ended. "The prospects for repeal in Washington state look 
favorable, but that may depend on the outcome of the November elections," 
Dunham told The Crime Report.

Similarly, a bill to abolish the death penalty in Utah came close to passing 
earlier this year, but was yanked by its sponsor at the last minute, who told 
colleagues it was best left for a future legislature.

This summer, abolitionists found a new ally in conservative commentator and 
author Michelle Malkin, who tweeted that "After having my eyes opened to 
systemic corruption of our criminal (in)justice system at the hands of bad 
detectives, incompetent PD crime labs & out-of-control prosecutors, I no longer 
support the death penalty."

In August, Pope Francis spoke out unequivocally against the death penalty, 
declaring it to be wrong in all cases. "A number of the legislatures in which 
the votes are close have Catholic legislators who are on the fence about the 
death penalty or who had been supportive of it," said Dunham. For those who are 
undecided, "This is something that can empower them to vote their conscience." 
(Washington State House Speaker Frank Chopp, who did not bring the repeal bill 
up for a vote, is a Catholic).

"Even in red states not yet examining repeal, we have seen good momentum from 
leadership on this issue," CCADP's Hannah Cox told The Crime Report, noting 
Ohio Governor John Kasich's recent grants of clemency to death row inmates 
William Montgomery and Raymond Tibbetts, and a death penalty study produced by 
Pennsylvania that calls for significant changes to the law.

"All of these developments show real progress and a growing consensus on the 
right that the death penalty is another wasteful government program that does 
not deter crime, risks innocent lives, and costs too much," said Cox.

(source: thecrimereport.org)