[Deathpenalty] death penalty news----TENN., MO., NEB., COLO.

[Rick Halperin]

Nov. 19



TENNESSEE:

Students push to change Tennessee capital punishment laws


Some say an eye for an eye and a tooth for a tooth.

But in the American justice system, this mentality can lead to wrongful 
accusations and innocent individuals paying the ultimate price. On Monday night 
in the University Center, the libertarian organization Young Americans for 
Liberty at UT hosted "To Honor Life: An Evening on the Death Penalty," an event 
focused on exposing the deep-seated problems that lie at the heart of capital 
punishment in the United States.

The event featured a talk by Ray Krone, the 100th death row inmate exonerated 
in the U.S., on his 10-year struggle in the courts to prove his innocence, as 
well as a discussion panel with Stacy Rector from Tennesseans for Alternatives 
to the Death penalty and Marc Hyden with Conservatives Concerned about the 
Death Penalty.

Convicted of killing a Phoenix bartender in 1991, Krone was sentenced to the 
death penalty and spent 10 years fighting the court system with evidence of his 
innocence, including shoe prints smaller than the size of his actual foot and 
handprints and DNA evidence from the victim's body that did not match his own.

Despite the evidence in his favor, Krone spent two years on death row and 10 
years total in prison after being found guilty twice and refusing to mitigate, 
or show remorse, for a crime he did not commit.

"How do you mitigate something you didn't do? How do you show remorse or regret 
for an act you never committed?" Krone asked the audience.

"They weren't interested in the truth, folks."

Krone's experience is just 1 story in a prison system that has wrongly 
sentenced 147 people to death. These examples, Rector said, are convincing 
people from different areas and political parties to band together against the 
death penalty.

"There are more and more voices from a variety of backgrounds and perspectives 
who are now speaking out and who are sharing their concerns about Tennessee's 
death penalty, because the evidence continues to mount that the system is too 
broken for us to fix," Rector said.

This evidence, Rector explained, includes personal testimonies that demonstrate 
the fallibility of the courts and the enormous cost of continuing to support 
the death penalty.

The court processes, Rector explained, take six times longer than the average 
criminal trial, with appeals that can last for decades and housing for death 
row inmates that can cost twice as much as general housing.

"So in the end, if you look at what happens in states like North Carolina, 
you're going to save yourself several million dollars per case," Hyden said.

Stories like Krone's and facts about capital punishment are what initially led 
Kenny Collins, a junior in political science and member of Young Americans for 
Liberty, to begin to research and think twice about the death penalty that he 
once strongly supported.

"I supported it because growing up, you think the death penalty, that's the 
right thing to do to people who have done wrong," Collins said. "Especially 
here in the South, people expect you to support the death penalty."

After learning about the innocent people who have been wrongly accused, as well 
as the failure of the death penalty to deter crime and prevent murder, Collins 
said that he could no longer justify the use of capital punishment.

"After I did a lot of research, I realized that I couldn't support it," Collins 
said.

Hyden said that capital punishment is contradictory to many tightly-held 
conservative views, including the importance of pro-life legislation and 
limited government.

"It's not pro-life when it risks killing innocent lives, it's not fiscally 
responsible because it costs millions more dollars to try to execute someone 
than to keep them in jail for the rest of their lives," Hyden said. "And I 
don't think that giving the government the power to kill you is a form of 
limited government."

Rector said she urges Tennesseans to write to their state representatives and 
Tennessee Gov. Bill Haslam in order to bring awareness to the many flaws 
associated with capital punishment and stop 10 executions scheduled to take 
place in 2015.

"We need Tennesseans to come together to help make that happen," Rector said.

(source: Univ. Tennessee Daily Beacon)






MISSOURI----execution

Missouri Executes Leon Taylor for 1994 Killing


A man who killed a suburban Kansas City gas station attendant in front of the 
worker's young stepdaughter in 1994 was put to death early Wednesday - the 9th 
execution in Missouri this year.

Leon Vincent Taylor, 56, was pronounced dead at 12:22 a.m. at the state prison 
in Bonne Terre, minutes after receiving a lethal injection. With Taylor's 
death, 2014 ties 1999 for having the most executions in a year in Missouri.

Taylor shot worker Robert Newton to death in front of Newton's 8-year-old 
stepdaughter during a gas station robbery in Independence, Missouri. Taylor 
tried to kill the girl, too, but the gun jammed.

Taylor's fate was sealed Tuesday when Gov. Jay Nixon declined to grant clemency 
and the U.S. Supreme Court turned down his appeal.

His body covered by a white sheet, Taylor could be seen in the execution 
chamber talking to family members through the glass in an adjacent room. Once 
the state started injecting 5 grams of pentobarbital, Taylor's chest heaved for 
several seconds then stopped. His jaw went slack and he displayed no other 
movement for the rest of the process.

4 of Taylor's family members sat in a room to his left and looked on without 
reaction as the drug killed Taylor in about 8 minutes. At a time when lethal 
injections have gone awry in Oklahoma, Ohio and Arizona and taken an extended 
period to kill an inmate, Taylor's execution went off without any visible 
hitches or complications with the drug or equipment.

In a final statement, Taylor apologized to Newton's family because "our lives 
had to entwine so tragically" and thanked his family for their support and 
love.

"I am also sorry to have brought all of you to this point in my life to witness 
this and/or participate," Taylor said. "Stay strong and keep your heads to the 
sky."

Speaking to reporters after the execution, Newton's brother, Dennis Smith, 
noted that it had been about 7,500 days since the killing and said the family 
has missed Newton every one of them. Smith described Newton as a hard worker, 
generous and with a memorable laugh. At times, Smith paused to compose himself 
as tears rolled down his cheeks.

"It would just take a coward to want to hurt someone like him," Smith said.

Taylor's execution was briefly delayed as he sought to have his half brother, 
Willie Owens, as a witness. Taylor's lawyers filed an appeal 4 hours before the 
scheduled execution time and the Missouri Supreme Court granted the request to 
have the 1-time co-defendant in the slaying watch his brother die.

Department of Corrections spokesman Mike O'Connell said Owens ultimately 
decided not to attend the execution.

O'Connell said Taylor later turned down the sedative Valium and the sedative 
midazolam.

According to court records, Taylor, Owens and his half-sister, Tina Owens, 
decided to rob a gas station on April 14, 1994. Newton was at the station with 
his stepdaughter.

Taylor entered the store, drew a gun and told Newton, 53, to put $400 in a 
money bag. Newton complied and Willie Owens took the money to the car.

Taylor then ordered Newton and the child to a back room. Newton pleaded for 
Taylor not to shoot him in front of the little girl, but Taylor shot him in the 
head. He tried to kill the girl but the gun jammed, so he locked her in the 
room and the trio drove away.

Taylor was arrested a week after the crime when police responded to a tips 
hotline call.

Court appeals claimed the death penalty for Taylor was unfair for several 
reasons.

Taylor's original jury deadlocked and a judge sentenced him to death. When that 
was thrown out, an all-white jury gave Taylor, who was black, the death 
sentence.

In 2002, the U.S. Supreme Court ruled that only a jury could impose a death 
sentence. Taylor's lawyers contended that a Missouri Supreme Court ruling after 
the U.S. Supreme Court decision led the state to commute at least 10 other 
death sentences for inmates sentenced by a judge to life in prison - everyone 
except Taylor.

Attorney Elizabeth Carlyle said Taylor essentially was penalized for 
successfully appealing his 1st conviction.

The clemency request to Nixon said Taylor turned his life around in prison, 
becoming a devout Christian who helped other prisoners. The petition also cited 
abuse Taylor suffered as a child, saying his mother began giving him alcohol 
when he was 5 and that he later became addicted to alcohol and drugs.

Taylor becomes the 9th condemned inmate to be put to death this year in 
Missouri and the 79th overall since the state resumed capital punishment in 
1989. Only Texas (518), Oklahoma (111), Virginia (110), and Florida (89) have 
executed more inmates since the death penalty was re-legalized in the US on 
July 2, 1976.

Taylor becomes the 33rd condemned inmate to be put to death this year in the 
USA and the 1392nd overall since the nation resumed executions on January 17, 
1977. As many as 4 more executions may be carried out in the US in December. 
Last year, there were 39 executions in the USA.

(sources: Associated Press & Rick Halperin)

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

Death penalty protesters picket governor's office


Death penalty opponents called on Gov. Jay Nixon to halt a pending execution 
during a Tuesday protest outside his office.

Leon Taylor is scheduled to be executed at 12:01 a.m. Wednesday. Taylor was 
convicted of killing gas station attendant Robert Newton during a 1994 robbery 
in Independence.

"It sends the wrong signal to kill a human being to show that killing is 
wrong," said protester Jeff Stack, adding, "no matter what kind of method is 
used, no matter how many people an individual may have killed, that person 
still retains the human right to life."

Stack said he recognized nothing can bring back Newton. The protesters said 
Taylor's execution should be stopped because he continues to give to others in 
prison. They said Newton's family forgave Taylor for his crime.

Stack said Taylor wrote a letter to Newton's widow, who accepted Taylor's 
apology and has forgiven him publicly.

"We'd like to see the state of Missouri show that type of emotion and maturity 
and indeed forgive him as well," Stack said.

The protesters are part of the group Missourians for Alternatives to the Death 
Penalty. The group planned to have protests and vigils for Taylor in different 
cities across Missouri Tuesday.

If the state executes Taylor, it will be the 9th one of this year and the 11th 
in the last 12 months.

(source: connectmidmissouri.com)

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

What charges could Officer Darren Wilson face in Ferguson?


Ferguson, Missouri, is bracing for a decision from the grand jury in the case 
of Michael Brown.

Brown, a black teen, was fatally shot by Darren Wilson, a white police officer, 
on August 9.

The jury is weighing whether to indict Wilson and has several options from 
which to choose, ranging from finding no probable cause to charging him with 
murder. Its decision could come as early as this week.

With apprehension filling the air, Ferguson awaits ruling

"The thing that's in common is that Michael Brown is dead and that his death 
was caused by the actions of Officer Wilson," Peter Joy, a law professor at 
Washington University in St. Louis, said about the various options. "What 
changes with each one is really the mental state and the circumstances."

According to Ed Magee, spokesman for the prosecuting attorney's office, the 
grand jury is deciding whether Wilson should be charged with any one of several 
possible crimes, including: 1st degree murder, 2nd degree murder, voluntary 
manslaughter and involuntary manslaughter.

Here's a look at those charges and what they could mean for Wilson:

1st degree murder

This is the most serious of the possible offenses.

To prove 1st degree murder, prosecutors would not only have to show that Wilson 
killed Brown, which is not in dispute, but they'd have to prove that he did so 
after deliberating on the matter.

Deliberation is typically proved by showing some sort of planning, although 
planning can take place within a relatively short period of time.

If Wilson is charged and then eventually found guilty of 1st degree murder, he 
could face up to life in prison without parole, or death, if the death penalty 
is sought, according to Joy.

2nd degree murder

To prove 2nd degree murder, prosecutors would have to show that Wilson 
knowingly caused Brown's death -- that he knew what he was doing was going to 
cause serious physical injury or death.

According to Joy, if Wilson was found guilty of second degree murder, he could 
face up to life in prison, with the possibility of parole.

Voluntary manslaughter

Voluntary manslaughter is the act of killing another person while under the 
influence of a sudden passion.

If prosecutors can prove Wilson acted while in a fit of anger or rage when he 
shot Brown, they might be able to secure a conviction on voluntary 
manslaughter.

If they do, according to Joy, Wilson could be sentenced from 5 to 15 years.

Involuntary manslaughter

Involuntary manslaughter is when someone causes the death of another by being 
reckless.

He might not mean to kill the other person but didn't take the necessary 
precautions not to do so.

If prosecutors can prove Wilson didn't know what he was doing when he fired in 
the direction of Brown, they might be able to secure an involuntary 
manslaughter conviction.

If found guilty, Joy said, Wilson could be sentenced to no more than 7 years in 
prison.

No charges

Of course, it's entirely possible that the grand jury will find there is no 
probable cause to charge Wilson with anything.

In this case, it would have to decide Wilson was justified in shooting Brown -- 
perhaps he feared for his life or acted out of self-defense.

If the grand jury decided against an indictment, Wilson would be a free man, at 
least so far as the state's criminal charges.

Federal officials are conducting 2 civil rights investigations, one into 
Brown's killing and the other into the local police department's overall track 
record with minorities.

(source: CNN)






NEBRASKA:

Death penalty harms victims' families


Occasionally you will hear someone say we need the death penalty "for the 
families of victims." I lost my sister to murder, and from my experience I can 
say without a doubt, the death penalty does us much more harm than good.

My sister Janet was murdered in 1980. For over 30 years I've reflected on her 
murder and appropriate punishments, and I've only become more convinced the 
death penalty is wrong for our state.

Justice needs to be swift and certain in order for families and communities to 
start rebuilding their lives. The death penalty fails on both counts. There is 
nothing swift about the death penalty. The U.S. Supreme Court guarantees 
certain appeals to those sentenced to death. While someone sentenced to life 
without parole begins their punishment (usually in obscurity) the day it's 
handed down, the death penalty can't be carried out until all of these appeals 
are exhausted. This takes years, usually decades.

We only have to think of the Beatrice Six to appreciate why rushing to an 
execution could have devastating results. It's reasonable that we take our time 
to ensure we only get the truly guilty; society should demand nothing less. But 
this creates an awful situation for the victims' families who have been 
promised a punishment, but then are told to wait years on end to see it 
realized. Obviously, the death penalty will never be swift.

The death penalty is anything but certain. The vast majority of death sentences 
in Nebraska have been overturned and commuted to life without parole (our case 
was one of those overturned). These men are never going see the outside of the 
prison again either way, but when we seek the death penalty we just incur so 
much more cost to the taxpayers and heartache to the families than if we had 
just given a life sentence in the first place.

Even if a family endures years of high profile appeals after a death sentence, 
they still aren't guaranteed that an execution will occur. Ever.

I think if Nebraskans understand what this process does to those left behind 
after these unspeakable crimes, they would re-think their support of the death 
penalty. I didn't even mention that the death penalty is far more expensive 
than life without parole - those funds should go directly to victims' services. 
This would be a much better way to honor victims and our lost loved ones.

Nebraska can do better by us, I hope we repeal the death penalty soon.

Kurt Mesner, Central City

(source: Letter to the Editor, Grand Island Independent)

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

Consider cost in death penalty


Editors of the Lincoln Journal Star have it wrong again ("Don't botch an 
execution here," LJS, Nov. 17). Some DNA simply is not worth saving or trying 
to rehabilitate. We need the death penalty. Recent examples would be the 
baseball bat killings in Lincoln.

Incarceration costs $34,000 per year every year for life. Eleven on Nebraska's 
death row and no executions since 1997 (17 years ago) cost tax payers over $6.3 
million. What a waste! Let's be democratic and let the prisoner select the 
method -- hanging, firing squad, or lethal dose of some drugs (whatever is 
available and selection thereof not restricted by law). And all noise about the 
alleged suffering during an execution, forget it, and think about the 
horrendous sufferings of the victims and their families.

Richard L Ternes, Walton

(source: Letter to the Editor, Lincoln Journal Star)



COLORADO:

Lawyers in Colorado theater massacre case argue over grim images


Lawyers in the Colorado movie theater massacre case argued on Tuesday over 
whether jurors should see disturbing crime scene video and hundreds of gruesome 
photos of the July 2012 rampage.

Attorneys for accused gunman James Holmes said the images could inflame jurors, 
while prosecutors countered that they are needed to prove the case.

Holmes, 26, has pleaded not guilty by reason of insanity to shooting dead 12 
moviegoers and wounding 70 others in a Denver-area cinema during a midnight 
screening of the Batman film "The Dark Knight Rises."

Prosecutors have charged Holmes with multiple counts of 1st-degree murder and 
attempted murder, and say they will seek the death penalty for the California 
native if he is convicted.

At issue was a defense motion that seeks to limit the use of video and 
photographs of dead and wounded victims.

Public defender Tamara Brady said the sight of too many graphic images "could 
cause the jury to act on passion, vengeance, hatred, or disgust," rather than 
weigh the evidence.

Prosecutor Karen Pearson countered that the images provide essential evidence.

"We have 12 people dead and 70 more injured, some catastrophically," Pearson 
said. "It is not an excessive number of photos .... There are simply so many 
victims in this case."

The defense also wants to restrict a video recorded inside Holmes' car that 
shows it has a skull-shaped gear shift.

"It has no relevance and it's possible some jurors could be put off or 
offended," Brady said.

Shackled and attired in red prison garb, Holmes sat impassively throughout the 
90-minute hearing.

The defense also objects to video and photos that show posters hung in Holmes' 
apartment. The nature of the posters was not disclosed, but Pearson said they 
show the "normality" of the onetime neuroscience doctoral candidate.

"There are no pictures of Charles Manson on his walls," she said, adding that 
the posters are the kind typically found in a young graduate student's home.

Arapahoe County District Court Judge Carlos Samour did not immediately rule on 
the motion, and said he might need to decide some evidentiary issues at trial.

Jury summonses will be sent to 9,000 county residents next month, and jury 
selection is set to start in January.

Samour has said he wants both sides to present opening statements in early 
June, although that date could be moved up if jury selection proceeds quicker 
than he anticipates.

(source: Reuters)