[Deathpenalty] death penalty news----TEXAS, PENN., MD., S.C., MISS., OHIO

[Rick Halperin]

Nov. 12



TEXAS:

For Immediate Release: November 12, 2014

For More Information: www.texasdefender.org/scott-panetti

Dozens of Mental Health Organizations and Experts, Former Prosecutors, 
Evangelicals and the American Bar Association Urge Texas Governor to Commute 
Death Sentence of Severely Mentally Ill Man Facing Imminent Execution

Clemency Petition Filed Today: Execution of Scott Panetti Would "Cross a Moral 
Line"

Today, dozens of prominent organizations and individuals from Texas and across 
the country called on the Texas Board of Pardons and Paroles and Governor Rick 
Perry to stop the December 3rd scheduled execution of Scott Panetti, a severely 
mentally ill man who has suffered from schizophrenia for more than 30 years.

Mr. Panetti, who represented himself at his capital trial wearing a cowboy 
costume, will be executed unless a commutation is granted or a court 
intervenes. Mr. Panetti has suffered from serious mental illness for over 30 
years. He was hospitalized more than a dozen times for psychosis and delusions 
in the 14 years leading up to the crime for which he was convicted and 
sentenced to death. At his 1995 trial he attempted to call over 200 witnesses, 
including John F. Kennedy, the Pope, and Jesus Christ.

The commutation requests were submitted to the Texas Board of Pardons and 
Paroles and Governor Perry as part of a clemency petition filed by Mr. 
Panetti's attorneys this morning, which states: "The case of Scott Louis 
Panetti is a judicial disaster that has attracted national and international 
outrage - and for good reason. Evidence of his incompetency runs like a fissure 
through every proceeding in his case - from arraignment to execution ... The 
execution of Scott Panetti would cross a moral line."

The clemency petition can be accessed here: 
https://drive.google.com/file/d/0BxR5nee8pBYQZzdFTFJpdVZZRjNjN2NMOE0zTEhocE1Pb0Jr/view?usp=sharing

Letters urging clemency in Mr. Panetti's case come from several of the nation's 
and Texas' leading mental health organizations, including the American 
Psychiatric Association, Mental Health America and Disability Rights Texas; 
experts on mental health issues in the law; a former Texas Governor, state 
Attorneys General, U.S. Attorneys and others with experience in the criminal 
justice field; 50 Evangelical faith leaders, including Rev. Sam Rodriguez of 
the National Hispanic Christian Leadership Conference, Jay Sekulow of the 
American Center for Law and Justice, Lynn Hybels of the nationally prominent 
Willow Creek Church, Gabriel Salguero of the National Latino Evangelical 
Coalition and other faith leaders; Murder Victims Families for Reconciliation; 
and the American Bar Association, among others.

"As law enforcement and criminal justice professionals, we are deeply troubled 
that a capital sentence was the result of a trial where a man with 
schizophrenia represented himself, dressed in a costume," stated the letter 
signed by 30 prominent individuals, including former federal and state court 
judges and prosecutors, Department of Justice officials, parole board members, 
and other notable legal practitioners from Texas and across the country. "We 
come together from across the partisan and ideological divide and are united in 
our belief that, irrespective of whether we support or oppose the death 
penalty, this is not an appropriate case for execution."

The 1st time Mr. Panetti showed signs of being afflicted with a psychotic 
disorder was in 1978, over 14 years before he shaved his head and killed his 
in-laws, Amanda and Joseph Alvarado. During his multiple hospitalizations, 
doctors diagnosed him with chronic schizophrenia and schizoaffective disorder.

Detailed information about Mr. Panetti's medical history can be found in a 
mental illness timeline starting in 1978 that shows how Mr. Panetti's mental 
health degenerated over the years, including how in 1986, the Social Security 
Administration made a determination that Mr. Panetti was so disabled from 
schizophrenia that he was entitled to government benefits: 
http://texasdefender.org/wp-content/uploads/Panetti-Mental-Illness-Timeline.htm

In 1986, Mr. Panetti first succumbed to the delusion that he was engaged in 
spiritual warfare with Satan. In an affidavit his 1st wife signed to have him 
involuntarily committed, she testified that he was obsessed with the idea that 
the devil was in the house. He engaged in a series of bizarre behaviors to 
exorcize his home, including burying his furniture in the backyard because he 
thought the devil was in the furniture.

"In his state of severe mental illness, Mr. Panetti should never have been 
permitted to represent himself at his capital trial," states the letter from 
leading national and Texas mental health organizations and experts. " ... [T]he 
fact that he did not have counsel renders his conviction and sentencing even 
more problematic in light of the delusional nature of his illness."

In 2004, Texas tried to execute Mr. Panetti, but a federal judge court stayed 
the execution and the United States Supreme Court ultimately found the Fifth 
Circuit's standard for determining competency to be executed unconstitutional 
in Panetti v. Quarterman, 551 U.S. 930 (2007). Notwithstanding that decision, 
Texas continued to contest Mr. Panetti's competence to be executed. In 2013, 
the Fifth Circuit again found him competent to be executed - despite the 
District Court's findings that he has a severe mental illness and suffers from 
paranoid delusions.

On November 6, 2014, the trial court in Kerrville, Texas refused a request by 
Mr. Panetti's attorneys to withdraw or modify the execution date so that they 
would have a meaningful opportunity to contest his competency for execution.

Mr. Panetti has not had a competency hearing in nearly 7 years. He has a fixed 
delusion that his execution is being orchestrated by Satan, working through the 
State of Texas, to put an end to his preaching the Gospel of Jesus Christ.

"The execution of Scott Panetti would be a cruel injustice that would serve no 
constructive purpose whatsoever," states the letter signed by more than 50 
notable Evangelical Christian faith leaders, including 20 from Texas. "When we 
inflict the harshest punishment on the severely mentally ill, whose culpability 
is greatly diminished by their debilitating conditions, we fail to respect 
their innate dignity as human beings."

A complete listing of the clemency letters and more information about Mr. 
Panetti's case, including legal documents, video footage, and more, can be 
accessed here: www.texasdefender.org/scott-panetti

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

Killer of 11-year-old boy in 1987 gets 2nd chance at life---- Nearly 30 years 
after the rape and murder of an 11-year-old boy, the man sentenced to die for 
the crime gets another shot at life


More than 27 years after the heinous rape and murder of an 11-year-old boy, the 
man convicted and sentenced to die for the crime gets another shot at life.

Warren Rivers has been on death row ever since his conviction in 1988 for the 
murder of Carl Nance, Jr. Evidence showed the boy was lured into an abandoned 
house south of downtown on May 3, 1987, beaten, sexually mutilated and stabbed. 
Nance's body was found in the house the next day.

The 5th U.S. Circuit Court of Appeals ruled in 2010 that jurors weren't given 
proper instructions on how or whether to consider mitigating circumstances such 
as mental impairment or a difficult childhood before deliberating the sentence 
previously given to Rivers.

"I had to forgive him but he had to pay for what he done, because he tortured 
and brutalized my baby, for no reason," says Claudette Nance, the victim's 
mother.

She says she will be in the courtroom every day throughout this punishment 
phase of trial again, not as a tribute to her son, but in an effort to ensure 
Rivers is again sentenced to death. She says that's the only way to ensure he 
doesn't hurt any other children.

River's defense team is calling witnesses who are speaking about his mental 
capacity and his poor and troubled upbringing. They are hoping this will help 
convince jurors to spare his life.

(source: KTRK news)






PENNSYLVANIA----stay of impending execution

Man convicted of killing 3 has execution delayed----Public defenders are 
preparing a federal appeal for Padilla


Miguel A. Padilla of Altoona was to be executed Thursday for the 2005 murders 
of three Altoona residents at the United Veterans Administration Club on Union 
Avenue, but a federal judge has placed the execution on hold so that federal 
public defenders can prepare a federal appeal.

(source: Altoona Mirror)






MARYLAND:

O'Malley should end state death sentences


After years of contentious debate, Maryland last year did away with its death 
penalty. The legislation, however, did not apply to the four individuals who 
were already awaiting execution on the state's death row.

That exception to the new law has created a controversy that needn't have 
occurred, but can be easily put to rest by Gov. Martin O'Malley - if he has the 
political will to do so.

To begin with, when Maryland finally decided it was against executing people, 
the new law should not have left four prisoners on death row. The General 
Assembly should have resolved the matter completely and made the law applicable 
to everyone. Failure to do that has created the current controversy.

A recent Washington Post story reported that Attorney General Douglas Gansler 
says the state does not have the legal authority to execute the men because it 
no longer has regulations in place detailing how to administer lethal 
injections. And with no death penalty on the books, the state can't develop new 
regulations on carrying out executions. That reasoning sounds a bit 
Catch-22-like to us, but it nevertheless leaves the 4 condemned men in limbo, 
which Gansler says violates their right to due process.

Wicomico County State's Attorney Matthew Maciarello takes issue with the 
state's position, and says legislation could be introduced that would 
explicitly allow the executions of the men still on death row. That seems 
possible to us, considering the law banning executions did not apply to the 4 
in the 1st place. However, it also seems possible to us that the General 
Assembly could pass new legislation that would make the no-execution law 
applicable to everyone.

The far easiest path to resolving this quandary is for O???Malley to simply 
commute the sentences of all four to life without parole. We think that would 
be the right thing to do. With the new law, Maryland decided that it was 
politically and morally against capital punishment. To execute anyone after 
that law became effective doesn't make any sense at all.

O'Malley may be waiting for another solution to this matter. 1 of the condemned 
men has appealed to the state, which in turn is asking for an appellate court 
to resentence him. If that happens, it would set a precedent for the other 3 
men.

Another of the four, however, has petitioned O'Malley himself to commute his 
sentence. So far, the governor hasn't acted on the appeal, and The Post 
reported that his office last Thursday "declined to comment ... on the 
governor's deliberations."

O'Malley can put to rest this current conundrum by commuting the sentences of 
all 4 men, which would also put the quietus, once and for all, on Maryland's 
long, divisive struggle with the death penalty.

That's exactly what he should do.

(source: Frederick News-Post Editorial Board)






SOUTH CAROLINA:

Life of Bucksport man on death row will be spared


Evidence of childhood neglect and abuse have rescued a Bucksport man from death 
row almost 20 years after he was convicted of murdering a Bucksport woman in 
her home near the Bucksport Marina.

Circuit Judge Larry Hyman sentenced 44-year-old Titus L. Huggins to life in 
prison Monday explaining that it was the only option he had after Judge John M. 
Milling agreed with Huggins' post-conviction relief attorneys that his trial 
attorneys erred when they didn't dig deeply enough into Huggins' past.

Hazel Weaver's 5 sons, her sister and brother were in an Horry County courtroom 
Monday and left happy knowing that Huggins will stay in jail.

But the dead woman's sister Rosalie Richardson still has 1 question.

"I wished he could have opened his mouth and told me why he killed my sister," 
she said as she left the courtroom.

In her earlier comments to the Court, Richardson spoke to Huggins, who was 
dressed in a S.C. Department of Corrections inmate's jumpsuit with handcuffs 
and several SCDC guards surrounding him.

"We have never forgot about it...We'll never forget about it. We'll live it 
everyday until the Lord comes back," she said.

She said at that time, too, that she wanted to know why Huggins killed her 
sister.

"Did you have a reason as good as she was to you?" she asked Huggins.

Huggins' life had actually already been preserved back in July of 2005 when 
Judge John M. Milling upheld Huggins' guilty verdicts for murder, armed robbery 
and criminal conspiracy, but ruled that the death penalty was an inappropriate 
finding for the jury and sent the case back for resentencing.

Solicitor Jimmy Richardson could have tried the penalty phase of the case again 
seeking the death penalty, but he said after Monday's brief hearing that the 
case was built on "sketchy evidence" and he believes prosecutors in the 1996 
case didn't know who was the triggerman in the shooting.

Codefendant Aaron Hill was found guilty in the case of criminal conspiracy and 
armed robbery and was sentenced to 30 years in jail. He has already served his 
time and has been released.

Ira Joseph Hemingway pleaded guilty to accessory after the fact of a felony. He 
was sentenced to 8 years in jail.

Richardson said there was no hurry in scheduling Huggins' resentencing hearing 
because Huggins was already in jail; however, he was mildly surprised to learn 
that the SCDC records had Huggins still listed on death row.

When police interviewed Huggins initially, he confessed to participating in 
planning the robbery and to being present during the crime. However, he 
maintained that it was Hill who shot Mrs. Weaver, according to the judge's 
ruling.

Hill initially denied any knowledge of the robbery. Later he changed his story 
and put all the blame for the robbery on Huggins, the ruling says.

"Indeed, Hill stated that he did not actually participate in the robbery; 
rather, he claimed to have observed it from a field some 200 yards away," 
Milling wrote.

Hill testified in his own defense in the trial, but Huggins did not.

The ruling says Huggins had never been in trouble before.

Huggins' attorneys in his death penalty case were public defender Orrie West, 
who was trying her 1st death penalty case, and, in 2nd chair, Steven H. John, 
who is now a circuit court judge.

In the penalty phase of a capital murder case, attorneys are allowed to present 
evidence that convinces the jury that the defendant should not be put to death.

In the penalty phase, the judge's ruling says witnesses included 2 family 
members, who testified about Huggins character; a co-worker, who testified 
without elaboration that Huggins had a job; 2 jail personnel who said Huggins 
had not been a disciplinary problem at the jail; and a bail bondsman, who let 
the jury know that Huggins had been briefly released on bond before his trial.

"The testimony of applicant's mother, grandmother, and co-worker was notable 
for how little it conveyed, and may well have left the jury wondering why these 
witnesses - especially the applicant's mother - could offer no meaningful 
reason to spare applicant's life," the judge wrote.

The judge found that the attorneys should have further investigated Huggins' 
life, which the post-conviction relief attorneys did, finding that Huggins 
suffered from a major mental illness at the time of his crime.

"Had counsel conducted an appropriate investigation, they would have learned 
that [Huggins] suffered a lonely childhood of neglect, rejection and exposure 
to violence," the judge wrote.

At the PCR hearing, Marjorie Hammock, described as an experienced social worker 
and mitigation specialist, found that Huggins??? mom was 16-years-old when 
Huggins was born and his father was mentally retarded and an alcoholic.

She also testified that when Huggins was about 3-years-old his mom began a 
series of affairs with men and that Huggins was not only aware of the affairs, 
but also sometimes went with her on her "adulterous meetings with various men."

Hammock also found that Huggins was taunted about his "ungainly appearance" as 
a child and by the age of 7 or 8 was sometimes left to tend his siblings while 
his parents, who were consumed with gambling, played Bingo almost every night 
until the early morning hours.

The social worker found that Huggins grew into a loving, hardworking person, 
but was left with very low self-esteem and was especially vulnerable to peer 
pressure due to his "emotionally impoverished childhood."

Milling wrote, "...[Huggins'] formative environment was likely to have produced 
a weak, needy young adult who was a follower rather than a leader, vulnerable 
to peer pressure and hungry for the attention and admiration of his peers."

Milling determined that Hill's testimony showed that he was the brighter and 
more verbal of the 2 and was more likely to have been the leader in the crime 
with Huggins being the follower.

"Even if the jury was firmly convinced that [Huggins] personally fired the 
fatal shots, his motivation would have appeared quite different to a jury that 
had been provided with some basic information concerning his background and 
formative experiences. In that event, the jury would have had the information 
necessary to understand this crime as the result of immaturity, impulsivity, 
and susceptibility to peer pressure - [Huggins'] desperate need to be a 'big 
dog,' as he himself admitted to the police - rather than as simply a reflection 
of a cruel and predatory nature."

"Justice was done," said Mrs. Weaver's brother Braxton Marlowe as he left the 
courtroom Monday. "We're satisfied he's going to stay in jail. That's what we 
wanted."

Milling also found that Huggins was not properly advised that he could speak to 
the jury directly in the guilt-or-innocence phase of his trial, but ruled that 
it wouldn't have made any difference if he had because Huggins was clearly 
guilty of the crime whether he pulled the trigger or not, according to the 
hand-of-one is the hand-of-all provision of state law.

Solicitor Jimmy Richardson said after 30 years, Huggins will be eligible for 
parole. His 30 years began counting in March of 1994.

"I remember this murder," Hyman said as he pronounced Huggins' sentence. "It 
was very heinous and I think that you're lucky that the State is not seeking 
the death penalty."

Marlin Weaver, who described himself to the court as "1 of Hazel's boys" said 
he remembered that during Huggins' trial he never showed any remorse.

"He needs to stay in prison for the rest of his life. For the life of me, I 
can't understand why we're here. He needs the death penalty," Weaver said.

Mrs. Weaver was shot twice in the head with a small caliber handgun and robbed 
of nightly receipts from her store located at the Bucksport Marina.

Her body was found at the back of her home the next morning. Her husband, who 
was asleep inside the house at the time of the murder, didn't realize his wife 
had not come in.

Detectives and uniformed police investigated the murder for several weeks 
before getting a lead that took them to Hemingway, who was 17-years-old at the 
time. He was arrested at Conway High School where he was a student and football 
running back.

He was charged with criminal conspiracy, accessory to murder and misprison of a 
felony. All of those charges were dropped when he entered his guilty plea.

After Hemingway's arrest, police received information that caused them to 
arrest Hill and Huggins. Huggins was arrested at Denny's on Kings Highway in 
Myrtle Beach where he worked. Hill, a former Denny's employee, was arrested at 
home.

Police said at the time that Huggins and Hemingway are cousins.

(source: myhorrynews.com)






MISSISSIPPI:

Miss. death row inmate says threat of government witness testimony derailed bid 
for life term


Death row inmate Thong Le wants the Mississippi Supreme Court to order 
prosecutors to turn over information about a witness they proposed to call 
during Le's sentencing hearing after his conviction for killing 3 people.

Le was convicted in 2002 in Jackson County for the killings and received 3 
death sentences.

Le contends his counsel had planned to call witnesses at the hearing to offer 
positive testimony on his character. Prosecutors had said they would counter 
with a witness who would testify Le was a drug dealer.

Le argues his lawyer abandoned the character witnesses, leaving him no counter 
to a prosecution witness who never testified.

A state judge earlier denied Le's motion. The Supreme Court has asked 
prosecutors to file a response to the motion.

"Mr. Le is not asking for a new trial at this point; he is merely seeking to be 
allowed to go on the often-cited 'fishing expedition' - except this time, in an 
overstocked pond containing the very fish which would have been served to him 
on a silver platter prior to trial," Le's current attorney, Scott Johnson, 
wrote in the motion to the high court.

Johnson, with the state Office of Capital Post-Conviction Counsel, said Le's 
trial attorney had intended to call Le's mother and others during the 
sentencing phase to testify about his character. Their testimony was to be 
offered to persuade the jury that Le's participation in the murders wasn't 
consistent with "the remainder of his life story and life activities warranted 
a sentence of life without parole rather than death."

Johnson said prosecutors announced on the trial's second day that they had a 
witness, identified in court documents as Bob Cunningham, who would testify Le 
was a drug dealer and that he sold guns to Le.

Court records show the trial judge refused to allow the testimony during the 
trial's guilt/innocence portion. The judge allowed prosecutors to file a 
proffer, or a roadmap of evidence, to which the witness would testify.

Johnson said Le's defense team was caught by surprise.

"Le's counsel ... believed that he could not put on his intended mitigating 
evidence in favor of Mr. Le at sentencing because - if the court ultimately 
allowed Cunningham to testify - trial counsel had nothing with which to impeach 
Mr. Cunningham's credibility," Johnson said.

Johnson said that while some information about Cunningham was available, 
including an extensive criminal history, Le wants access to more including 
investigation reports from law enforcement agencies.

A Jackson County judge in September denied Le access to such records and he 
appealed the ruling to the Supreme Court.

Le, now 31, was convicted for the murders of Minh Hieu Thi Huynh, 46, and her 
daughters, Thuy Hang Huynh Nguyen, 15, and Thanh Truc Nuynh Nguyen, 11.

He claimed he participated in the robbery of the family but not the killings.

Prosecutors said Le went to the family's house in St. Martin on Nov. 1, 2001, 
to rob them of $1,300. The daughters, home alone, refused to give Le and 
co-defendant Ngan Tran the money. Le and Tran tied up, beat and strangled the 
girls, and attacked the mother when she came home later even after she gave 
them money.

Le did not testify at his trial. Court records show jurors heard a taped 
confession made to police.

Tran committed suicide in April 2002 while being held at the Jackson County 
Jail.

(source: Associated Press)



OHIO:

Man indicted in Campbell Street murder----Joseph Sandy, 33, could face death 
penalty if convicted.


Nearly 1 year after 86-year-old George Martin was stabbed to death in his 
Sandusky home, grand jurors have formally charged his relative with murder.

Now, Joseph Sandy, 33, could face the death penalty if convicted.

In early December, emergency responders were called to Martin's Campbell Street 
home after it was set ablaze. Once inside, they located his body, and later, 
obvious signs of arson.

Sandusky police detectives embarked on what would become a months-long 
investigation, chasing down lead after lead.

But a break in the case finally came in May, when an acquaintance of Joseph's 
wife, Bethany Sandy, 24, told police of the pair's alleged involvement.

As a result, Bethany was indicted on complicity to aggravated murder, arson, 
robbery and burglary charges, as well as one count of tampering with evidence.

By the time Bethany was jailed, charged and indicted, Joseph was already in 
prison for an unrelated offense. He had previously been released early from a 
felony OVI conviction, but racked up several parole violations while he was out 
and thus ordered back behind bars for the duration of his sentence.

What investigators didn't know at the time, was that Joseph had allegedly 
killed George while he was out on judicial release.

George's widow, Florence, as well as the couple's grandson, Paul Doughty, 
expressed heartbreak and shock when first told the Sandys were allegedly 
responsible for George's death - Joseph is the son of Florence's 1st cousin and 
spent much time with George in his younger years. He was also a pallbearer at 
George's funeral, Florence said.

With Joseph safely behind bars on the parole violations, local officials opted 
to delay his indictments until they had a rock-solid case.

"He wasn't out in the community presenting a danger and he wasn't a flight 
risk, so we took some caution and patience in putting together the best case we 
could," Erie County prosecutor Kevin Baxter said.

The further investigation proved valuable - though he couldn't go into detail, 
Sandusky police Detective Gary Wichman said additional information uncovered 
this summer and fall corroborated Bethany's version of events.

That information was presented to an Erie County grand jury last week and on 
Tuesday morning, the results were made public.

Baxter said Joseph was indicted on charges of aggravated murder, burglary, 
arson and robbery, as well as tampering with evidence.

The grand jury members also included a death penalty specification - if Joseph 
now goes to trial, jurors could choose to sentence him to death if he's found 
guilty.

Capital punishment is not a fate all alleged Ohio murderers face, but because 
Joseph allegedly killed George while committing another serious crime, the 
grand jury had - and ultimately chose - that option.

As the case progresses through the Erie County courts, Joseph will either be 
housed in the Erie County jail, or will be shuttled back and forth from the 
Belmont Correctional Institution in far-eastern Ohio.

Bethany, meanwhile, remains behind bars at the Erie County jail on a $1 million 
bond.

According to Baxter, Bethany might very well testify against her husband during 
upcoming hearings.

"Her attorney has advised she's willing to cooperate. She may play a role in 
that case," Baxter said.

Officials currently plan on processing and wrapping up Joseph's case before 
they tackle Bethany's, Baxter said.

Timeline:

--Dec. 3, 2013 - George Martin is stabbed to death and his home set ablaze.

--March 31, 2014 - Joseph Sandy goes to prison for parole violation.

--May 22, 2014 - Bethany Sandy's acquaintance tells police of her alleged 
involvement and Bethany is charged with murder as a result.

--Nov. 11, 2014 - Joseph is charged with murder, also faces death penalty

(source: Sandusky Register)