[Deathpenalty] death penalty news----PENN., DEL., MD., N.C., FLA.

[Rick Halperin]

Nov. 25


PENNSYLVANIA:

Bomar is 1 step closer to death: Aimee Willard's killer loses latest bid to 
escape execution----Arthur Bomar Jr. was convicted in 1998 and sentenced to 
death for the brutal murder of Aimee Willard, a 22-year-old star athlete from 
Brookhaven.


On the eve of returning to the North Philadelphia neighborhood where her slain 
22-year-old daughter's body was found to serve an early Thanksgiving dinner to 
those in need, Gail Willard learned the Supreme Court of Pennsylvania rejected 
the death-row killer's latest appeal.

It was about 5 p.m. Friday when Willard received a telephone call from Delaware 
County Assistant District Attorney William Toal III, who handled the appeal. 
While she was pleased to hear the news and is grateful to all who continue 
pursuing justice since her daughter, Aimee Willard, met a tragic end in June 
1996, the straightforward mother said Monday that she has no time for Arthur 
Bomar. "I don't even give him a thought," Gail Willard said. "The main thing is 
they upheld it."

Delaware County District Attorney Jack Whelan said that with the latest 
opinion, Bomar has now exhausted his appeals at the state level.

Before Bomar can pursue any appeal at the federal level, which is expected, 
Whelan said the warrant for his death must be signed, either by Gov. Tom 
Corbett or the secretary of the Department of Corrections.

According to Whelan, they have 90 days within the transmission of the latest 
court record to the governor's office to sign the death warrant.

"I believe Arthur Bomar is pure evil and we are going to pursue the death 
penalty on the state level and fight any appeals on the federal level," Whelan 
said.

At the time of her death, Aimee Willard was a star lacrosse player at George 
Mason University, studying physical education and dreaming of coaching high 
school sports. She was the youngest of 3 children of Gail Willard, a nurse, and 
retired Chester Police Sgt. Paul Willard.

Based on evidence presented at trial and upheld on appeal, Bomar stalked and 
abducted Aimee Willard at the Springfield exit of Interstate 476 onto the Media 
Bypass as she was en route home to Brookhaven on June 19-20, 1996, after a 
night out with friends. Bomar dumped her body in a trash-strewn lot at 16th 
Street and Indiana Avenue in North Philadelphia.

Aimee's murder remained unsolved until June 5, 1997, when Bomar was arrested on 
an outstanding warrant for a parole violation from a prior 2nd-degree murder 
conviction in Las Vegas, Nev. During questioning about Willard, he told 
Pennsylvania State Police he had been at the same bar as Willard on the night 
of her murder; that he drove a 1993 Ford Escort until March 1997, the tires of 
which matched impressions from the murder scene; and that he frequently 
traveled Interstate 476.

Additionally, Bomar's then-girlfriend told troopers that he confessed to 
murdering Willard - flashing a fake police badge when he stopped her on 
Interstate 476. Bomar's ex-brother-in-law, who was incarcerated in federal 
prison for unrelated offenses at the time, offered to assist in the 
investigation and was transferred to the cellblock in Montgomery County where 
Bomar was initially incarcerated to eaves drop on Bomar, who made several 
incriminating statements.

Bomar was additionally tied to Willard's death by DNA evidence.

In October 1998, Bomar was convicted on charges of 1st-degree murder, 
kidnapping, aggravated assault, rape and abuse of corpse, and was formally 
sentenced to death by legal injection. He remains in custody at SCI Greene.

Bomar's 1st post-sentence appeal, raising claims of ineffective trial counsel, 
was filed in January 1999, and later denied on lack of merit.

"That's the problem with a death-penalty case. It goes through so many years of 
appeals, on so many levels," Whelan said Monday.

Bomar's attorneys with the Federal Community Defender Office of Philadelphia 
filed the petition with the Pennsylvania Supreme Court in April 2013, seeking 
relief under the Post-Conviction Relief Act. The appeal followed an order 
entered in March 2012 by Delaware County Common Pleas Judge Frank T. Hazel 
rejecting 22 claims by Bomar that included prosecutorial misconduct, improper 
testing of DNA evidence, and inappropriate jury conduct.

Similarly, 9 claims were examined and dismissed by Supreme Court Justices 
Thomas G. Saylor, J. Michael Eakin, Max Baer and Correale F. Stevens, with a 
concurring opinion filed by Chief Justice Ron Castille, according to the latest 
opinion, released Friday.

"We affirm the order of the PCRA court dismissing all of the appellant's 
claims," the 57-page opinion concludes.

Among Bomar's claims for relief: Prosecutorial misconduct; incompetency of 
Bomar to stand trial; ineffective counsel at both trial and penalty phase; 
unreliable forensic evidence; tainted jury; improper excuse of 7 potential 
jurors who philosophically opposed death sentence; and a violation of Bomar's 
Sixth Amendment rights when his ex-brother-in-law served as listening post for 
authorities.

For Gail Willard, returning to North Philadelphia to serve holiday dinner at 
the HERO community center on North 17th Street was a humbling experience. 
Joining Gail on Saturday was her husband, Tom Price, her sister, Sr. Nancy 
Bonshock, and a cousin, Eileen Evans. They helped to serve about 125 meals.

"It's almost an honor to be able to serve them. It really is," Gail Willard 
said. "This is a credit to Aimee and to those who reached out to her ... I 
continue to reach out to them."

(source: delcotimes.com)






DELAWARE:

Book might make you rethink the death penalty


Recently, my wife and I stayed at a bed and breakfast in Pennsylvania. The next 
morning at breakfast, while talking with friends from Delaware, we met a man 
who was taking his niece to various colleges in the region.

It turned out the man was a lawyer who had worked on death penalty cases. As 
you may know, Milton native and Cape Henlopen graduate Bryan Stevenson is one 
of the best-known death penalty lawyers in the country.

Stevenson heads the Equal Justice Initiative in Montgomery, Ala. He has argued 
before the Supreme Court. He recently appeared on "The Daily Show" with Jon 
Stewart to discuss his new book, "Just Mercy: A Story of Justice and 
Redemption."

So I said, "You must have heard of Bryan Stevenson."

He hadn't just heard of him. He knew him well. Had worked with him for 10 
years, played basketball with him. He considered himself a pretty good 
ballplayer, but he said Bryan was better.

(I played some soccer with Bryan. He was better than me, too.)

"Well," I said, "Bryan comes back to Delaware sometimes; what's your name in 
case I see him? I'll tell him I met you."

"Flood," he said. "Joe Flood."

My long-lost Cousin Joe!

Flood isn't an extremely uncommon name, but I don???t recall actually meeting a 
Flood who wasn't a relative. (No, he's not a cousin, at least not a close one.)

As it happens, the Delaware Legislature may be revisiting the death penalty 
issue. Last session a death penalty repeal bill squeaked through the state 
Senate 11-10, with Sen. Ernie Lopez, R-Lewes, voting yes.

It wasn't the party-line vote you might expect. Sen. Bob Venables, a Laurel 
Democrat who lost this year to Republican Bryant Richardson, voted against the 
bill. It never made it out of the House Judiciary Committee.

Recent town meetings in Middletown and Dover, sponsored by groups such as the 
ACLU and NAACP, have attempted to draw attention to the issue. Police officers 
from outside Delaware who favor repeal were invited to speak.

I thought about Delaware's law recently while Helen and I listened to a 
recording of John Grisham's "An Innocent Man: Murder and Injustice in a Small 
Town."

Grisham - far better known for his fictional legal thrillers - does a masterful 
job telling the true story of Ron Williamson, a high school baseball standout 
whose dreams of big league stardom collide with the limits of his talent. He 
winds up a drunk and a ne'er-do-well, talking up his glory days at the local 
bars.

But after a young woman is raped and murdered, he makes a handy suspect. A 
horrible crime has been committed, and the community demands justice. Only in 
this case, it's injustice.

Despite a complete lack of physical evidence, Williamson and a friend, Dennis 
Fritz, are convicted of murder and sent to death row. Grisham also tells of 3 
other Oklahoma men convicted of murder on the flimsiest evidence imaginable.

Williamson and Fritz are eventually exonerated, but only after 18 years on 
death row. Williamson once came within 5 days of his execution.

Amazingly, the 1 and only witness who testified to seeing Williamson at a bar 
with the murdered woman is the man later convicted of the crime.

It's hard to believe how badly police and prosecutors bungled the case. I 
honestly don't understand how anyone could read this book and not decide the 
death penalty should be repealed.

I realize not all people would be swayed. After all, this case happened in 
Oklahoma. We live in Delaware. We have a system of criminal justice here that 
doesn't allow that kind of mistake.

As if the citizens of Delaware have been granted a divine power to ascertain a 
man's guilt. That's not even a serious argument, but I've had someone tell me 
that with a straight face.

Pete Schwartzkopf, D-Rehoboth, a retired state trooper, was quoted in the News 
Journal saying the death penalty should be retained for those convicted of 
killing a police or correctional officer.

But that just highlights the capriciousness of the death penalty. Is killing a 
police officer worse than murdering a 2-year-old toddler?

Why are you more likely to get the death penalty if you murder a white person 
instead of a black person?

Is it fair that people with the wherewithal to hire the best lawyers 
effectively don't face the death penalty?

And, finally, mistakes happen. Even in Delaware.

(source: Don Flood, capegazette.com)






MARYLAND:

Governor May Commmute Last 4 Death Row Sentences


There are reports that Governor Martin O'Malley is considering commuting death 
sentences for Maryland's 4 death row inmates. The governor has reached out to 
victims' family members in the cases. Some are begging him to leave the 
convicted killers on death row.

Meghan McCorkell has more from the families.

The state of Maryland repealed the death penalty last year but that did not 
include the 4 inmates that currently sit on death row.

On death row for nearly 20 years, Heath Burch confessed to killing Mary Francis 
Moore's father and stepmother.

"If you take a life, you should give your life up," she said.

But, in 2006, a Court of Appeals struck down Maryland's lethal injection 
procedures. Since he can't be executed, the governor is now considering 
commuting Burch's sentence to life in prison. Monday, Moore asked him not to.

"I said something about 'I think that I would like to see you not sign anything 
and let this go back to the court,'" she said.

But that's what the family of murder victim Edward Atkinson is trying to avoid. 
In 1997, the Wicomico County man was shot to death on the side of a road by 
Jody Lee Miles. Miles is now appealing his death penalty conviction. Atkinson's 
mother says she can't take another court battle.

"No other family should have to go through what we have been through," said 
Dottie Atkinson.

She wants the governor to intervene.

2 of the other death row inmates were convicted in a double murder in Baltimore 
County. They've sat on death row for more than 3 decades.

Drug kingpin Anthony Grandison ordered Vernon Evans to gun down two federal 
witnesses in the lobby of a Pikesville hotel in 1983. Baltimore County State's 
Attorney Scott Shellenberger argues death row is where they belong.

"These cases were incredibly heinous. I believe that their death sentences 
should remain in effect," he said.

Now the decision is in the governor's hands.

Moore says the governor did not indicate to her what he plans to do.

Miles' conviction appeal will go in front of a court next month. The attorney 
general is recommending the court vacate his sentence.

(source: CBS news)






NORTH CAROLINA:

Witness says he 'was in shock' after seeing Harris shot to death


An eyewitness to the killing of 19-year-old Kyle Harris testified in Cumberland 
County Superior Court Monday afternoon that he was in shock immediately after 
the murder during an armed robbery of the Cumberland Pawn Shop 4 years ago.

Sean Collins, 22, and an Army specialist, was working at the Grove Street 
business on the day of the murder on Nov. 6, 2010. Monday marked his 2nd day of 
testimony in the case, where Cedric Theodis Hobbs Jr., 33, is charged with 
1st-degree murder, armed robbery and kidnapping.

If convicted of murder, Hobbs could face the death penalty.

"I was in shock. I was really freaking out," Collins testified under the 
questioning of prosecutor Rita Cox.

When Cox asked him why, Collins replied, "I just watched a really good friend 
of mine get shot. He was unresponsive."

The questioning came as Assistant District Attorney Cox screened video footage 
from the afternoon of the shooting from the store's video surveillance system 
for jury members to watch. It was a system that Harris installed only weeks 
before the shooting, according to testimony.

Harris, a 2009 graduate of Cape Fear High School, had been working at the store 
as a clerk on the weekends to help out the family and pay his way through 
college.

Hobbs, 33, has admitted to Superior Court Judge Robert Floyd Jr. that he shot 
and killed Harris and robbed the pawn shop. And while his legal team admits 
that its client "committed to the acts involved," his lawyers told Floyd that 
he does not admit "to mental intent."

Murder by premeditation and deliberation and robbery are specific intent 
crimes, according to state law. Through his doctors, the defense is saying 
Hobbs had diminished mental capacity and did not form the specific intent 
required to commit the crimes of murder and robbery.

Floyd dismissed an alternate juror Monday after defense lawyers questioned 
whether the juror could remain objective to the evidence presented in the 
Harris case.

Earlier in the day, the court learned that the man had dropped by a friend's 
house on the way to court and discovered his friend was dead. Floyd recessed 
the proceedings until 2:15 p.m. Monday.

"You think you've heard everything," defense lawyer Steve Freedman quipped.

After reconvening in the courtroom, Floyd had the juror came out alone to 
question him. The man said investigators had already talked to him earlier in 
the day.

"As far as me," he told Floyd, "they're done."

Freedman wasn't satisfied.

The judge gave him permission to also question the juror. Freedman then told 
Floyd that he would ask the court to allow him to use one of the defense's 
peremptory challenges to release the juror. Freedman spoke of a potential 
conflict, since the death of the juror's friend was under investigation by the 
Fayetteville Police Department, just as the Harris case had been.

"How is that going to affect you?" Freedman asked the juror.

"Like I said," the man answered, "it's 2 separate incidents."

Floyd then asked the state for its position, and Cox said the state wanted the 
juror to remain on the jury.

Also Monday, a different juror told Floyd he's experiencing problems at work in 
conjunction with his jury duty. The man, who is a restaurant manager, said if 
he doesn't work "a full number of hours," the company he works for may put him 
on an unpaid leave of absence.

His wife is a teacher, the juror said, and it would create a financial hardship 
for the family if he's not paid at work.

"This is our Christmas paycheck now we're working on," he said.

Floyd told him that he understood his dilemma, but he asked the juror to stay 
on the jury.

(source: Fayetteville Observer)






FLORIDA----new execution date

Gov. Scott Signs Death Warrant For Johnny Shane Kormondy


Gov. Rick Scott on Monday signed a death warrant for a man found guilty of 
committing 2st-degree murder and sexual battery during a home-invasion robbery 
in 1993 in Escambia County.

Scott signed the warrant for Johnny Shane Kormondy, 42, to die by lethal 
injection on Jan. 15.

The execution will be the 21st since Scott took office in January 2011, 
equaling the number overseen by former Gov. Jeb Bush, which is the most for any 
Florida governor since the death penalty was reinstated in 1976.

Kormondy was found guilty in 1994 in the death of Gary McAdams, who was shot in 
the back of the head during a home-invasion robbery. McAdams and his wife, who 
was raped during the attack, had returned home from a high-school reunion when 
confronted at the front door by Kormondy and his 2 accomplices.

According to a release from the governor's office accompanying the death 
warrant, Kormondy was the leader of the attack, recruiting the accomplices, 
providing transportation and casing the McAdams' neighborhood.

Kormondy's accomplices, Curtis Buffkin and James Hazen, received life 
sentences. Law enforcement was able to close the case when a person to whom 
Kormondy confessed went to police seeking a $50,000 reward for information. The 
robbers reportedly left the house with $20.

Kormondy also threatened to kill witnesses who testified at his trial, 
including Mrs. McAdams, if he were ever released.

The execution date has been set for Thursday, January 15, 2014, at 6 p.m.

Johnny Shane Kormondy

DOB: 05/20/72

Sentencing Judge: The Honorable Joseph Q. Tarbuck

Attorneys, Trial: T. Stitt & R. Davis - Assistant Public Defenders

Attorney, Trial (Resentencing): Glenn Arnold - Private

Attorney, Direct Appeal: Chet Kaufman - Assistant Public Defender

Attorney, Direct Appeals (Resentencing): Chet Kaufman - Assistant Public 
Defender

Attorney, Collateral Appeals: Michael Reiter - Registry

Date of Offense: 07/11/93

Date of Sentence: 10/7/94

Date of Resentencing: 07/07/99

Circumstances of Offense:

Kormondy was convicted of the murder of Gary McAdams, which occurred on 
07/11/93.

In the early morning hours of 07/11/93, the victims, Gary McAdams and his wife 
Cecilia McAdams, had returned from a high school reunion. They heard a knock at 
their door.

When Mr. McAdams opened the door, Curtis Buffkin was on the other side holding 
a gun. Buffkin forced his way into the house and ordered the McAdams to get 
down on the kitchen floor and keep their heads down.

James Hazen and Johnny Kormondy then entered the house. Both Kormondy and Hazen 
had socks on their hands. After the 3 men took personal valuables from the 
McAdams, the phones were disconnected from the wall and the blinds were closed.

At this point, one of the men took Mrs. McAdams to a bedroom in the back and 
forced her at gunpoint to remove her dress and to perform oral sex on him.

One of the other men, described as having sandy-colored hair that hung down to 
his collar bone, entered the room and proceeded to rape Mrs. McAdams while the 
1st man forced her to perform oral sex on him again.

After she was taken to the kitchen, naked, and placed with her husband, one of 
the men took her back to the bedroom and raped her again. While he was raping 
her, a gunshot was fired in the front of the house.

Mrs. McAdams heard one of the men yell for "Bubba" or "Buff", and the man 
raping her stopped and ran to the front of the house. Mrs. McAdams left the 
bedroom and was walking towards the front of the house when she heard a gunshot 
from the bedroom. When she entered the kitchen, she saw Mr. McAdams on the 
floor with blood coming from the back of his head.

After the murder, Kormondy's wife asked him to leave the family home. Kormondy 
left and moved in with Willie Long. Kormondy confessed to Long about the murder 
and admitted that he had shot Mr. McAdams but, explained it had gone off 
accidentally. Long went to the police because of the $50,000 reward for 
information.

During the trial, the medical examiner testified that Mr. McAdams' death was 
caused by a contact gunshot wound, meaning the barrel of the gun was pressed to 
Mr. McAdams' head.

Codefendant Information:

Curtis Buffkin (DC# 103884)

Buffkin was sentenced to life for his participation in the offense that 
occurred on 07/11/93 (CC# 93-3302).

James Hazen (DC# 391126)

Hazen was sentenced to life for his participation in the offense that occurred 
on 07/11/93 (CC# 93-3302).

Additional Information:

Kormondy, Hazen, and Buffkin were indicted on 07/27/93 and tried separately. 
Buffkin was offered a plea bargain by the State in return for assistance in the 
prosecution of Hazen and Kormondy.

The trial records are inconsistent as to the location of Hazen and Buffkin at 
the time of Mr. McAdams shooting. During Kormondy's trial, Mrs. McAdams 
testified that Buffkin was with her in the bedroom when the shot was fired.

In testimony given by Officer Hall, Kormondy told him in an unrecorded 
statement that Buffkin fired the fatal shot and that Hazen was in the bedroom 
with Mrs. McAdams. In a confession recorded for the jury, Kormondy stated again 
that it was Buffkin who fired the fatal shot.

During Hazen's trial, Buffkin testified that Kormondy fired the fatal shot, and 
that Hazen was in the bedroom with Mrs. McAdams. Hazen testified that he was 
not present at the scene when the crimes occurred.

Trial Summary:

07/27/93 - Indicted as follows:

Count I: Capital Murder

Count II: Sexual Battery

Count III: Sexual Battery

Count IV: Sexual Battery

Count V: Assault or Battery during Burglary

Count VI: Robbery with a Firearm or Weapon

07/07/94 - Jury returned guilty verdicts on all counts of the indictment.

07/09/94 - Jury recommended death by a vote of 8-4.

10/07/94 - Sentenced as follows:

Count I: Capital Murder - Death

Count II: Sexual Battery - Life

Count III: Sexual Battery - Life

Count IV: Sexual Battery - Life

Count V: Assault or Battery during Burglary - Life

Count VI: Robbery with a Firearm or Weapon - Life

10/09/97 - Florida Supreme Court remanded death sentence for new sentencing 
phase.

07/07/99 - At resentencing jury recommended death by a vote of 8-4.

Case Information:

On 11/15/94 Kormondy filed his Direct Appeal to the Florida Supreme Court. The 
Court found that the admission of cross-examination testimony from a 
co-perpetrator during the penalty phase was reversible error.

On 10/09/97, the Court affirmed his conviction but remanded his sentence for 
resentencing.

On 08/05/99 Kormondy filed his Direct Appeal for resentencing to the Florida 
Supreme Court. The Court found that Kormondy's death sentence was not 
disproportionate to the crime.

The Court also found that the trial court did not ignore mitigating factors 
when imposing the death sentence, the limitation of cross-examination of Mrs. 
McAdams was not abuse of discretion, and that the admission of victim impact 
testimony was not fundamental error. On 02/13/03, the Court affirmed Kormondy's 
sentence.

Kormondy filed a Petition for Writ of Certiorari to the United States Supreme 
Court on 07/28/03, which was denied on 10/14/03.

On 08/30/04, Kormondy filed a 3.851 Motion to the Circuit Court, which was 
denied on 06/20/05.

On 07/06/05, Kormondy filed a 3.851 Appeal to the Florida Supreme Court, which 
is currently pending.

Kormondy filed a Petition for Writ of Habeas Corpus to the Florida Supreme 
Court, which is also pending.

FloridaCapitalCases.state.fl.us

(source: Space Coast Daily)

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

DEATH WARRANT!


Gov. Scott has ordered the "People of the State of Florida" to kill Johnny 
Shane Kormondy on Thursday, January 15 at 6pm ET. Kormondy was sentenced to 
death for the killing of Gary McAdams of Pensacola 21 years ago. This would be 
the 21st execution of a well-secured, captive prisoner ordered by Richard Lynn 
Scott.

Florida continues the premeditated, unnecessary, and experimental killing of 
captive prisoners. Richard Lynn Scott is responsible for 20 executions thus far 
and he still has 4 years left as governor.

Please contact Gov. Rick Scott and ask him to suspend ALL executions.

Governor Rick Scott:

Phone: (850) 488-7146

Email: Rick.Scott at eog.myflorida.com

(source: FADP)