[Deathpenalty] death penalty news----NEB., OKLA., ARIZ., NEV., IDAHO, CALIF., ORE., US MIL.

[Rick Halperin]

Nov. 11



NEBRASKA:

Former prison warden says Nebraska would be better off without death penalty


Nebraska officials should prepare for a possible botched execution if they 
obtain the lethal drugs to carry out the death penalty, says a former Oregon 
prison warden who opposes capital punishment.

And if a condemned inmate fails to die as planned, some of the prison staff 
members assigned to the task could need psychological help, said Frank 
Thompson, who oversaw a pair of executions during the 1990s in Oregon.

"Oklahoma and Arizona could happen right here in Nebraska and your staff and 
the general public deserve better," Thompson said Monday, referring to 
executions in which witnesses said the condemned experienced prolonged deaths 
and appeared to have felt pain or struggled to breathe.

Nebraska has 11 inmates on death row but currently lacks a viable death penalty 
because one of its expired lethal injection drugs has become difficult to 
replace. Attorney General Jon Bruning recently said he expects it will take 
about a year before the state could resume executions.

Nebraska last executed a convicted killer in 1997, when the method was the 
electric chair. The Legislature switched to lethal injection in 2009.

Thompson, 71, of Salem, Oregon, has been making public appearances this week as 
a guest of Nebraskans for Alternatives to the Death Penalty. He spoke at events 
in Omaha, Columbus and Fullerton over the past 2 days and will appear in Wahoo 
and Hastings on Tuesday.

Thompson experience of carrying out Oregon's lethal injection protocol almost 
20 years ago turned him from a supporter of capital punishment to a committed 
opponent. In an interview Monday, he argued Nebraska should direct the money it 
spends on maintaining a death penalty to services for crime victims or prisoner 
rehabilitation.

He also argued that state officials need to take into account the psychological 
impact an execution can have on those who carry it out. Even if the condemned 
person dies without outward signs of suffering, it can leave emotional scars on 
those involved.

"This is immoral, in my opinion, when you have reasonable alternatives," he 
said.

Some listeners at his Nebraska talks have politely challenged his positions, he 
said. He said he understands the anguish of survivors because he lost a 
1st-cousin, a man he described "closer than a brother, to a killer who was 
later executed.

"I can remember feeling good about his execution, but I can tell you right now, 
I wish (my cousin) was still alive," he said. "After a while, (his killer's) 
execution really didn't solve anything for me."

A spokesman for the Nebraska Department of Correctional Services did not 
respond to a message seeking comment about Thompson's policy positions.

But former Corrections Director Bob Houston, who resigned earlier this year, 
said Monday that the department provides emergency services for corrections 
officers and other staff members, including counseling. He said he was not 
aware of emotional problems that emerged among past members of the execution 
team.

"It's difficult for staff, but that's the nature of public service," Houston 
said. "That just happens to be one of the many things that's difficult for 
corrections people to carry out."

Houston declined to say whether he agrees or disagrees with Thompson's position 
that abolishing capital punishment is in the best interest for corrections 
departments.

"That's for policy makers to decide," he said. "Even in retirement, that's not 
for me to decide."

State Sen. Ernie Chambers of Omaha has vowed to continue his fight against the 
death penalty, and it is expected he will introduce a bill to outlaw the 
practice when the Legislature convenes in January.

In 2013, a total of 28 senators voted to cut off a filibuster of Chambers' 
repeal bill, short of the 33 votes necessary. But the vote also signaled the 
most support behind a repeal effort in recent years.

The Legislature will welcome 18 new senators in January. Republicans gained 5 
seats in the officially nonpartisan body, for a total of 35. Democrats hold 13 
seats, and there is one independent.

Republican governor-elect Pete Ricketts has said he supports the death penalty.

(source: omaha.com)






OKLAHOMA:

Jury finds Oklahoma man accused of beating mother to death with a brick guilty


Monday night a jury found a man accused of killing his 87-year-old mother with 
a brick guilty.

Darrell Frederick faces the death penalty for allegedly murdering his mother, 
Connie Bernice Frederick, inside of her home in March 2011.

She died from her injuries at the hospital.

Attorneys presented closing arguments Monday.

Defense attorneys claimed the injuries could've resulted from a fall, but 
prosecutors argued 2 eyewitnesses saw Frederick wielding a brick outside his 
mother's home.

Connie Frederick was deaf and communicated by sign language.

Her granddaughter testified when she found her grandmother on the floor, badly 
beaten, Connie signed to her that Darrell did it.

Several family members have been in court for the entire trial.

"It hurts, it hurts a lot," Karen Frederick says. "She was special, very 
special in the way she communicated. She was very loving. She was very 
compassionate."

Frederick was living with his mother at the time.

He has a long rap sheet.

In 2005 Frederick was acquitted on multiple charges of assault and battery and 
kidnapping.

He was also charged in another murder in 2007, but was acquitted.

Officials say the punishment phase will begin Wednesday morning.

The state says they are seeking the death penalty.

(source: KFOR news)






ARIZONA:

Arizona faces lawsuit about death penalty drugs


The Associated Press and other media organizations have brought lawsuits 
against Arizona challenging the state's secrecy regarding death penalty drugs.

The Arizona Republic, KPNX-TV Channel 12 (Arizona's NBC affiliate), KPHO 
(Arizona's CBS affiliate), Guardian News & Media LLC, and the Associated Press 
submitted the lawsuit on Oct. 23.

Director of the Arizona Department of Corrections, Charles L. Ryan, and 
Attorney General Thomas Horne are the defendants in the suit.

Gathering information on lethal injections is the nominal purpose of the 
lawsuit, the court filing read. The filing accuses the state government of 
infringing upon the public's First Amendment rights by keeping the makeup of 
the drug and the administration process hidden.

The media outlets are seeking access to the manufacturing and administrative 
processes of the lethal injection drugs so as to give the information to the 
public.

Hanging was the primary means of execution in Arizona up until 1934, when the 
state adopted the gas chamber as the state-sanctioned death penalty.

In November 1992, the state moved to lethal injection via a constitutional 
amendment.

MCC professor of political science, Brian Dille, said that people do not 
necessarily need to know the inner workings of the death penalty, even if they 
are in favor of it.

The claim's basis is that the people have a right to know what is in the drugs, 
a contested matter, according to Dille.

"Because we're a democracy," he said, "the people have the right to decide 
whether we engage in the death penalty. But that doesn't necessarily mean they 
have to know everything."

The state could claim an interest in hiding the details, Dille said, because 
there have been redresses against the companies providing the drugs in the 
past.

"Some people genuinely believe any form of death administered by the state - by 
definition - is cruel and unusual," Dille said.

The lawsuit is "To determine whether lethal injection executions are fairly and 
humanely administered, or whether they can ever be," according to the court 
filing.

The state has withheld information regarding the makeup, source, and quality of 
the death penalty drugs, information which has - historically - been open to 
the public, the filing read.

If the state keeps the company who provides the drugs hidden from the public, 
the public will not have a chance to take business away from the company.

Until 2010, Arizona used a 3-drug protocol, made up of sodium thiopental, 
pancuronium bromide, and potassium chloride. The only FDA-approved manufacturer 
of sodium thiopental during this time was Hospira, a pharmaceutical company out 
of Illinois.

According to the court filing, Hospira ceased production of sodium thiopental 
in 2011, causing a shortage of the drug.

The Arizona Department of Corrections then changed the makeup of the drug at 
least 3 times, never disclosing the source, composition, or quality of the 
drug, the filing read.

According to the filing, the public has a right to know, given their freedoms 
in the First and 14th amendments.

This information should be made public, according to the filing, because state 
law mandates that at least 12 "reputable citizens" must be invited to view the 
executions, thereby making it a public affair.

The answer, Dille said, lies in the death penalty, not the means by which it is 
carried out.

"If the people of Arizona decided not to have the death penalty - and there are 
some very good arguments for not having the death penalty - then they need to 
not have the death penalty," Dille said.

This lawsuit is missing the point, according to Dille. "Making life miserable 
for bureaucrats does not change the politics of the death penalty," he said. 
"The better strategy would be to persuade the public to stop supporting it."

Nursing major Ashley Kingsley believed the lawsuit had great merit.

"Any time you hide something from citizens - of our country, in particular - 
it's wrong," she said. "We were founded on freedom, and secrecy goes against 
that."

The court document was filed by David J. Bodney, who leads the Media Law Group 
for Ballard Spahr, LLP. Ballard Spahr has over 500 attorneys across 14 offices.

Bodney has been with the firm for more than 30 years. One of his most famous 
cases occurred in 1999, when he and The Arizona Republic won the Arizona 
Newspapers Association's Freedom of Information Award for his work in federal 
court representing Phoenix Newspapers, Inc., which is now owned by Gannett 
Corp.

(source: Mesa Legend)

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

Jodi Arias defense: Porn evidence destroyed on computer


Attorneys for Jodi Arias filed a motion Monday to dismiss all charges against 
Arias, alleging prosecutorial misconduct.

The motion says a computer-forensics expert hired by the defense discovered 
that thousands of files, mostly of pornography, were deleted from victim Travis 
Alexander's computer while the computer was in custody of Mesa police.

As an alternative to dismissal, the motion asks that the intent to seek the 
death penalty against Arias be dropped, which would end the current trial.

Neither the prosecutors nor Mesa police would comment on the allegations.

Jerry Cobb, public information officer for the Maricopa County Attorney's 
Office, said there would be "no comment per the judge's order." Judge Sherry 
Stephens has asked both the prosecution and the defense not to comment on the 
case.

Detective Steve Berry, a spokesman for the Mesa Police Department, said, "Those 
are issues that will certainly be brought up in the court case, and those are 
issues that will have to be decided by the judicial system."

No hearing date on the defense motion has been scheduled.

Alexander, 30, was found dead in the shower of his Mesa home in 2008. Arias has 
already been convicted of his murder; a 2nd trial is underway to determine 
whether she should be sentenced to death.

Mesa police personnel have testified in Arias' 2013 trial and in her current 
trial in Maricopa County Superior Court that there was no pornography of any 
kind on Alexander's computer.

Phoenix defense attorney Larry Hammond points out that testifying contrary to 
facts can result in perjury charges against witnesses.

And Mark Harrison, an attorney who specializes in attorney ethics, noted that 
concealing or destroying evidence violates case law and attorney ethics rules.

The subject of pornography is relevant for several reasons: Prosecutor Juan 
Martinez has portrayed Alexander as a devout Mormon and has portrayed Arias as 
the sexual predator.

Arias claimed in her testimony at trial that she once walked in on Alexander, 
her sometime lover, while he was masturbating to photos of young boys.

Martinez vigorously disputed those claims as lies intended to discredit 
Alexander's good name. And he dismissed as forgeries letters that Arias claimed 
Alexander had written to her as apologies, while forensics experts said only 
that they could not be authenticated because they were copies.

Before the 1st trial in 2013, Alexander's computer was analyzed by a different 
defense expert, who did not detect any deleted files. Arias' attorneys, Kirk 
Nurmi and Jennifer Willmott, asked to see the computer again, but only in 
recent weeks were they able to obtain it from the prosecution for forensic 
evaluation by their own expert.

An evidentiary hearing on the computer scheduled for Oct. 20, the day before 
the trial began, had to be canceled because that was the day the defense expert 
finally received it, and he had not had a chance to look at it.

According to the motion, forensic analysis showed that thousands of files from 
pornography sites were deleted from the computer during a 3-hour period on June 
19, 2009, when it was in the possession of the Mesa Police Department.

The motion says that during that time, Mesa police Detective Esteban Flores, 
the case agent who has testified in the trial and sits at the prosecutor's 
table with Martinez, removed the computer from the evidence department and took 
it to "Forensic Services." During that period, thousands of files were deleted 
and shredded.

The sites mentioned in the motion have pornographic names and were accessed in 
2008. To counter possible suggestions that Arias may have accessed the sites on 
Alexander's computer, the motion notes that she was not in Arizona on those 
dates.

The motion suggests that the evaluation of the computer is ongoing.

If the allegations are confirmed, it would be termed as prosecutorial 
misconduct, regardless of whether Martinez was aware of the destruction of 
evidence. The prosecution is responsible for the actions of police 
investigators.

But, as Hammond said: "Courts are very reluctant to set aside a conviction."

(source: Arizona Republic)

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

Jodi Arias's lawyer makes allegations of destroyed evidence


There were explosive allegations, that if true, could derail the Jodi Arias 
trial, and not just her sentencing. They could affect her conviction, maybe 
even make her a free woman.

In a motion filed Monday, her lawyers claim key evidence was destroyed and 
they've only learned about it now.

A motion was filed by Arias' lawyers alleging a computer forensic expert claims 
thousands of images of child porn were deleted from Arias' victim, Travis 
Alexander's, computer while that computer was in the custody of Mesa police.

Arias alleged in her trial that her ex-boyfriend was a pedophile and had 
threatened her because she could expose it, however, no evidence of that was 
ever presented in court.

The motion filed Monday calls for all charges be dropped for proprietorial 
misconduct, a FOX 10 source confirms Monday night that the motion was indeed 
filed.

These are serious allegations of evidence tampering against the Mesa police 
department and prosecutors.

FOX 10 spoke with Mesa Police tonight who say they just learned of this, this 
evening. They say obviously the defense is entitled to make motions and they 
will let the judicial system take it's course.

FOX 10 also reached out to county attorney's office for comment, but they 
responded declining any comment on the case as per the instructions of the 
judge.

New York prosecutor and commentator, Beth Karas says while these kinds of 
motions are filed, it's rare and it's a very serious allegation to make.

"They've got a reason to believe some significant information on Travis 
Alexander's laptop was deleted while in possession of police department and the 
1st jury last year never heard this evidence. I'm a little suspicious, I want 
to hear the state's response to this," said Beth Karas.

"If these allegations are true, this is very bad for the police department and 
prosecution. It's misconduct on police and the prosecution, it's destroying 
Brady Material that the jury is entitled to hear and see, and this means the 
integrity of the guilty verdict is totally affected. She's entitled to a new 
trial or dismissal of new charges or death penalty taken off the table, there 
could be sanctions against the police department and the prosecutor," she said.

So what happens next? The state responds and a judge hears from a witness 
either in the penalty phase or have a separate hearing.

Karas says use caution, let the states response and evidence in support or 
against it before getting too riled up about this motion not being resolved 
this week.

(source: KSAZ news)






NEVADA----new death sentence

Man gets death penalty in 2009 double-murder


A 29-year-old man was sentenced to death Monday for a 2009 double-murder inside 
a Las Vegas apartment.

After a lengthy and emotional penalty hearing, a Clark County jury took just a 
few hours to sentence Ralph "Macky" Jeremias to capital punishment for the 
execution-style shootings of Paul Stephens and Brian Hudson.

Last week, the same jury found Jeremias guilty of 2 counts of 1st-degree murder 
along with robbery and burglary charges.

After a clerk read the sentence, Jeremias turned toward his mother, stepfather 
and grandmother seated in the courtroom gallery.

"I love you mom," he said, as his family members wept.

Prosecutors said Jeremias used a 9 mm handgun to shoot and kill the 2 men 
execution-style. Jeremias had purchased marijuana from Stephens in the past and 
coveted money and laptops in their apartment.

>From the witness stand, Jeremias said he went to the apartment complex with 
friends Carlos Zapata and Ivan Rios to buy marijuana and found the victims 
already dead.

Both Rios and Zapata told investigators that Jeremias went inside alone with a 
gun and shot each victim multiple times.

About a year after their arrests, Zapata made a deal with prosecutors and 
pleaded guilty to 2 counts of 2nd-degree murder, 1 count of robbery and 1 count 
of conspiracy to commit robbery. In exchange, he agreed to testify at Jeremias' 
trial.

In 2012 Rios was acquitted of the murder and robbery charges.

(source: Las Vegas Review-Journal)





IDAHO:

Lewiston father could face death penalty for infant's death


A Lewiston man could face the death penalty for allegedly killing his infant 
son.

20-year-old Cody Gossage is charged with 1st-degree murder due to aggravated 
battery that resulted in the death of 5-month-old Jordan "Big Man" Gossage. 
Court documents say he shook the baby on October 29th, causing severe head 
trauma. Jordan died in a Seattle hospital 2 days later.

Gossage made his 1st appearance in court where Judge Donna Evans granted him a 
public defender, but denied him bond, citing the fact that he could be facing 
the death penalty.

Gossage's parents and grandparents were at the hearing today. KXLY reached out 
to them but they declined comment.

He will be in court again on November 19th.

(source: KXLY news)






CALIFORNIA----female faces death penalty

DA pushes forward with death penalty for alleged mass shooter


The Modoc County District Attorney wants the death penalty for the woman 
accused of opening fire during a tribal eviction hearing in Alturas in 
February.

Cherie Lash-Rhoades is accused of shooting 6 people at the Cedarville 
Rancheria, killing 4 of them.

On Monday, District Attorney Jordan Funk said he will go forward with plans to 
seek the death penalty for Lash.

According to Funk, this is the 1st death penalty case he knows of in Modoc 
County.

Last Friday, Funk said a committee of homicide and death penalty prosecutors, 
including a representative from the Attorney General's Office, met to review 
the case.

Funk would not go into detail about that meeting, only to confirm his office is 
pressing forward with the death penalty.

Philip Russo, the husband of one of Lash's alleged victims, Shelia Russo, has 
been adamant she see the death penalty.

On Monday afternoon, he was pleased with Funk's decision.

"She planned it. She executed her plan with you know, methodical, calculated 
efficiency. She's not remorseful you know, if you hear her in court she's 
almost happy that she did it. You know this is just so beyond the pale. You 
know I think that she deserves the fullest punishment that our law will dish 
out," said Philip Russo.

Russo said he plans to be at Lash's next court date on Dec. 10.

He said he has been to every court appearance so far, and said he will continue 
to be.

He wants Lash to see his face and know that she can't take his wife, Shelia's 
spirit away from him.

(source: KRCR TV news)

**********

Death penalty planned in tribal slaying


Prosecutors say they plan to seek the death penalty against a woman accused of 
killing 4 people and trying to kill 2 others at a Northern California tribal 
meeting.

Modoc County prosecutors announced Monday that they intend to seek capital 
punishment against Cherie Rhoades. Rhoades has pleaded not guilty to 4 counts 
of murder and 2 of attempted murder in the Feb. 20 gun and knife attack at a 
meeting of the Cedarville Rancheria Tribal Council in Alturas. Rhoades had been 
suspended as tribal chairwoman just 3i weeks earlier pending an investigation 
into embezzlement allegations, and the tribe was considering evicting her.

Among those killed were 3 of Rhoades' relatives.

Her attorney, Antonio Alvarez, said the District Attorney appeared to be 
leaning toward the death penalty, so he wasn't surprised by the announcement.

(source: San Luis Obispo Tribune)



OREGON----female may face death penalty

Mother Arraigned in Oregon Bridge Death of Son, 6


The woman accused of throwing her 6-year-old autistic son off a bridge on the 
Oregon Coast has yet to enter a plea, and defense attorneys have indicated they 
want the court to determine if she is fit to stand trial.

Jillian Meredeth McCabe was arraigned Monday in Newport on an indictment in the 
death of her son, London, at the Yaquina Bay Bridge.

The indictment charges her with aggravated murder, murder, and 2 counts of 
manslaughter. The aggravated murder charge carries a potential death penalty, 
and was brought because the victim was under 14 years old. 1 manslaughter 
charge alleges extreme indifference to human life. The other alleges 
recklessness.

McCabe is scheduled to return to court Nov. 20. Court documents indicate 
defense attorneys plan to file a motion for a determination of fitness to 
proceed.

An uncle has said she received psychiatric treatment for emotional distress 
from years of caring for the child, and more recently for her disabled husband, 
who has not been able to work at his business doing email campaigns since 
coming down with multiple sclerosis and a mass on his brainstem last summer. 
After an Internet appeal for financial help failed to reach its goal, the 
family left their home in Hood River and moved in with Matt McCabe's parents in 
Seal Rock south of Newport.

Defense attorneys and District Attorney Michelle Branham did not immediately 
return telephone calls for comment.

McCabe, 34, is being held without bail.

She was arrested Nov. 3 after telephoning 911 and telling the dispatcher she 
had just dropped her son off the bridge, which rises more than 100 feet above 
the bay. His body was found several hours later at a marina about a mile from 
the bridge.

Hundreds of people attended a candlelight vigil for the boy Saturday night 
underneath the bridge.

(source: Associated Press)






US MILITARY:

The Death Penalty in the U.S. Military


The U.S. military has its own laws and court system separate from those of the 
states and the federal government. Although the military justice system allows 
the death penalty, no executions have been carried out in over 50 years. The 
last execution was the hanging on April 13, 1961 of U.S. Army Private John 
Bennett for rape and attempted murder. The military death penalty law was 
struck down in 1983 but was reinstated in 1984 with new rules detailing the 
aggravating circumstances that make a case death-eligible. Only about 1/3 of 
the capital cases tried under this law resulted in a death sentence. As of 
1997, military law allows for an alternative sentence of life without parole. 6 
men are currently on the military death row, which is housed in the 
disciplinary barracks at Fort Leavenworth, Kansas. The President has the power 
to commute any military death sentence. A 2012 study indicated that defendants 
of color in the military were twice as likely to be sentenced to death as white 
defendants.

(source: DPIC)