From rhalperi at smu.edu Wed Oct 1 13:00:30 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 1 Oct 2014 13:00:30 -0500 Subject: [Deathpenalty] death penalty news-----KAN., MINN., OKLA., COLO., CALIF. Message-ID: Oct. 1 KANSAS: Hearing postponed in south Wichita capital murder case A court hearing for a Wichita man accused of gunning down his girlfriend and 2 of her family members has been postponed. Vinh Van Nguyen, who is charged with capital murder, had been scheduled for a preliminary hearing Tuesday in Sedgwick County District Court, but the date was moved to Oct. 28 at the request of Nguyen's attorneys, according to district court records. The continuance is the 2nd granted for the preliminary hearing. At such proceedings, a judge hears testimony and determines whether there is sufficient evidence to bind a defendant over for trial on the crimes charged. Nguyen, 41, also faces 3 alternative counts of 1st-degree murder in the case. Nguyen is charged in slayings of his girlfriend, 45-year-old Tuyet T. Huynh, and Trinh and Sean Pham, 20 and 21, at their home at 2207 S. Beech around midnight on June 24. The younger couple were Huynh's daughter and son-in-law. Police at the time said officers found Huynh dead in the master bedroom of the house. Sean Pham was found dead in the hallway and his wife, Trinh, dead in the a basement bedroom. The Phams' 5-month-old son was found unharmed in the house that night. Nguyen remains in Sedgwick County Jail on $2 million bond. If convicted of capital murder, he faces either life in prison without parole eligibility or the death penalty. (source: Wichita Eagle) MINNESOTA: Death penalty politics enter the governor's race Minnesotans haven't heard a governor pledge support for the death penalty in more than a decade, but if Republican gubernatorial candidate Jeff Johnson wins in October, that could change. Johnson, who first proposed reinstating capital punishment for some violent crimes during his unsuccessful bid for attorney general in 2006, said he still supports it. His views contrast with those of Gov. Mark Dayton, a Democrat who does not think Minnesota needs the death penalty. When Johnson was a state legislator, he supported a broad death penalty bill that failed to pass during the 2004 session. That was the year then-Gov. Tim Pawlenty pushed to reinstate capital punishment, following the kidnapping and murder of college student Dru Sjodin. During his bid for attorney general 2 years later, Johnson narrowed his death penalty focus to those convicted of murdering a child as part of a sex crime. At the time, he described it as "proper punishment." "I think it's a question of allowing a jury of someone's peers to have that as an option," said Johnson, a Hennepin County commissioner. "Might it be a deterrent? Yes, but that would not be my reason for proposing it. It's an issue of justice." Johnson is not bringing up the death penalty this year as he campaigns for governor, and he said it's not one of his top priorities. But in a recent interview, Johnson said his position on the issue hasn't changed. "I would still support the death penalty for someone who kills a child as part of a sex crime," he said. "It's not something that I'm going to advocate as governor. I've got some pretty specific goals and that's not one of them. But it's something I would support if it happened to come up." Capital punishment is just one of many issues where Johnson and Dayton, who is pursuing a 2nd term, have differing views. Dayton is not flatly opposed to the death penalty. As a U.S. senator, he voted to expand the use of the federal death penalty for acts of terrorism and the killing of law enforcement personnel. (source: Mankato Free Press) OKLAHOMA: Oklahoma Department of Corrections releases new execution protocol The Oklahoma Department of Corrections released Tuesday the state's new execution protocol, which was revised after an April execution went awry and became a focal point in the national debate over whether or not the death penalty is cruel or unusual punishment. The April 29 execution of Clayton Derrell Lockett lasted 43 minutes and sparked an Oklahoma Public Safety Department investigation, which included recommended changes to protocol. Lockett was killed with a 3-drug cocktail never before used in the United States, and the new protocol allows the state to continue using the most controversial of the drugs, midazolam. It also allows the state to continue using a single IV in the femoral vein, a procedure the state Public Safety Department investigation found to be central to problems that occurred during the procedure. Media witnesses for executions have been cut by more than 1/2, from 12 to 5. Midazolam also was used in 2 recent problematic executions, 1 in Ohio and another in Arizona. The new protocol increases the amount of the drug by 5 times. It also requires the medical professional inserting a single vein IV be trained to perform the procedure. Traditional lethal injections in Oklahoma utilize 2 IVs, 1 in each arm. A staff member also will be responsible for watching the insertion point during the procedure to ensure no problems occur. The lethal drugs used to kill Lockett collected in his tissue near the insertion point due to a poorly placed femoral IV, the state investigation found, and the large, swollen area went unnoticed for several minutes due to a sheet covering Lockett???s groin. The protocol also places a one hour time limit on the placement of the IV, after which the director will be required to contact the governor's office and advise on the possibility of a stay. The state Corrections Department released the protocol late Tuesday without statement or comment. Director Robert Patton has declined to comment on the protocol, as recently as last week's Board of Corrections meeting, due to pending litigation. Dale Baich, an attorney representing several death row inmates currently suing the state over its protocol, said the protocol still allowed the state to use experimental execution methods and allowed for less oversight. "The protocol calls for less, not more transparency in executions, by limiting the number of media eyewitnesses and keeping information about the source and efficacy of the drugs from the prisoner," Baich said in an emailed statement. In a hearing earlier this month in Baich's case, a federal judge expressed concern that the Corrections Department could not implement the changes and necessary staff training in time for the Nov. 13 execution of Charles Frederick Warner. (source: The Oklahoman) COLORADO: Judge allows video of theater shooting trial News organizations will be allowed to broadcast the Colorado theater shooting trial using a closed-circuit TV camera already in the courtroom, but they won't be allowed to have their own cameras in court, the judge said Tuesday. Still images can be captured from the video, but still cameras will also be barred from the courtroom, Judge Carlos A. Samour Jr. said in a written order. The small camera is mounted on the courtroom ceiling and will show the witness stand, a video screen where evidence will be displayed, the judge, the defense table and part of the prosecution table. Jurors will not be visible. It was not immediately clear whether defendant James Holmes would be in the camera's view. Samour said the camera's view cannot be changed without his permission. The camera is normally used for surveillance by sheriff's deputies and to show the proceedings in overflow rooms when needed. Audio from the camera will be available to the media, but it wasn't immediately known where the sound is collected. Samour also barred video and still photography in most areas inside the courthouse and limited cameras to two areas outside the courthouse. A group of television and radio stations, a cable channel, The Denver Post and The Associated Press had asked to have one television camera and 1 still photographer in the courtroom. Prosecutors and the defense objected, saying video and photo coverage could intimidate witnesses, inflict emotional damage on survivors and put images from the trial on the Internet forever, outside the court's control. Some victims' family members have also publicly objected, saying video and still pictures would give Holmes unwarranted attention. Samour said using the closed-circuit video would not affect Holmes' right to a fair trial or disrupt the proceedings. He also said broadcasting the video would allow victims to watch the trial if they cannot be there in person. Diego Hunt, an attorney for the broadcasters, called the order a "huge victory" despite the restrictions. "Ultimately, the request was to gain access and public access to this important trial, so we achieved that," he said. He said questions remain about the quality of the video image the camera would provide. Steve Zansberg, an attorney for the Post and AP, called the order disappointing and said the judge had in effect limited the public view to "a tiny peephole covered by a fuzzy mesh." "A high-quality miniaturized camera would allow the public a meaningful view of the witness' demeanor without creating any impact on the courtroom," Zansberg said. Holmes is scheduled to go on trial Dec. 8 on charges of killing 12 people and injuring 70 in the July 2012 attack on a suburban Denver movie theater. He pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty. (source: Associated Press) CALIFORNIA: Poll: Death penalty support lowest in nearly 50 years Voter support for the death penalty as punishment for serious crimes in California is at its lowest point in nearly 50 years, according to the latest Field Poll report released on Sept. 12. The Field Poll, a San Francisco-based independent and nonpartisan survey of public opinion, has been tracking California voter's views on the death penalty since 1956. The latest telephone poll of 1,280 registered California voters was completed Aug. 14-28 in 6 languages and dialects. It found that 56 % of voters polled are in favor of the death penalty and 34 % opposed. This may not appear to be good news for opponents of capital punishment, but the opposition is down 12 % from the 69 % who voted in favor of the death penalty in 2011. In 1965, public support for the death penalty was at a low of 51 %. In a phone interview with Catholic San Francisco Sept. 29, Matt Cherry, executive director of Death Penalty Focus, a nonprofit working to move public opinion against the death penalty, said support for the death penalty has never dropped so quickly. "Voter support for the death penalty has dropped as much in the last three years as it has in the previous 2 decades," he said. Cherry said the seemingly sudden drop in support has several possible explanations, including a federal judge's ruling this summer that California's use of the death penalty is ???dysfunctional and violates the constitutional prohibition against cruel and unusual punishment." U.S. District Judge Carmac J. Carney's defendant had been sentenced to death in California in 1995, making him 1 of 748 people in the state on death row. Like 40 % of those, he said, the condemned man had been there 19 years or more. "In California, the execution of a death sentence is so infrequent, and the delays preceding it so extraordinary, that the death penalty is deprived of any deterrent or retributive effect it might once have had," he wrote July 19. "Such an outcome is antithetical to any civilized notion of just punishment." Cherry said that while his ruling only applied to that case and the state is expected to appeal, "It cast the whole system into doubt." He noted that the system was already in doubt, however. In 2006 a federal judge halted executions in California after finding flaws in the state's execution protocols after a number of disastrously botched executions. A judicial review of a new execution chamber and new methodologies is pending. When asked about the judge's ruling about the death penalty and the length of time it takes to carry out an execution, the poll report found voters more divided. Voters were asked whether the state should work to speed up the process for execution or do away with the death penalty and replace it with life in prison without parole. Statewide, 52 % supported speeding up the process while 40 % favored life in prison without parole. Another 8 % had no opinion. In a recent blog post, former Los Angeles District Attorney Gil Garcetti said that in his 32 years as a prosecutor he had sent many people to death row believing he had served the people of the county by seeking justice. 15 years later, he said, "I know the death penalty is a costly charade that doesn't make us any safer or deter crime. And it will always carry with it 1 fatal risk: executing an innocent person." Someone like San Quentin State Prison inmate Crandall McKinnon, perhaps. He has been on death row since 1999 for a murder that he says he did not commit. The prisoner wrote Catholic San Francisco in August saying, "I have no idea if you are aware of the issues around California's broken death penalty system and how it affects individuals like myself." He said lengthy delays can and have caused the loss of important evidence, witnesses and files. "I do not wish to live out my life here while lawyers engage in procedural wrangling," he wrote. In a separate call to the paper his mother, Jamie McKinnon of Fontana, said the family cannot afford the kind of legal representation that could help her son. In 2001, U.S. Supreme Court Justice Ruth Bader Ginsburg commented: "People who are well-represented at trial do not get the death penalty." Cherry said that programs such as California Crime Victims for Alternatives to the Death Penalty are adding "new and unexpected voices to the growing chorus against the death penalty." "The district attorney assured me that the execution of the man responsible for Catherine's murder would help me heal," Aba Gayle of Oregon, whose daughter was murdered in 1980, says in a comment on the organization's website. "I beg the government not to murder in my name, and more important, not to tarnish the memory of my daughter with another senseless killing." The Field Poll report noted that the death penalty appeared to divide voters along socio-demographic and religious lines. Republicans, conservatives, Protestants and Central Valley voters are strongest supporters of the death penalty. The majority favor speeding up the execution process rather than doing away with capital punishment entirely. Democrats, liberals, voters under 30, African-Americans, educated residents of the San Francisco Bay Area and voters either affiliated with non-Christian religions or no religious preferences are the most likely subgroups to favor replacing the death penalty with life in prison without the possibility of parole. When asked about Catholics and the death penalty, Cherry said the bishops of the U.S. and California bishops have been "unfaltering in their vocal opposition to the death penalty." In September 2012, Catholic bishops in California voiced strong support for Propposition 34, the repeal of the death penalty. Voters narrowly rejected the appeal in the November general election, prompting Los Angeles Auxiliary Bishop Gerald Wilkerson, president of the California Catholic Conference, to say the bishops will continue to look for "new opportunities to invite society to respect all human life." "The Catholic hierarchy is excellent in its support," said Cherry. "The Catholic laity still has a way to go." (source: Catholic San Francisco) From rhalperi at smu.edu Wed Oct 1 13:01:16 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 1 Oct 2014 13:01:16 -0500 Subject: [Deathpenalty] death penalty news----USA Message-ID: Oct. 1 USA: Mental Illness and the Death Penalty "Today, at 6pm, the State of Florida is scheduled to kill my brother, Thomas Provenzano, despite clear evidence that he is mentally ill.... By no means do I suggest my brother go free. By all means justice should be done. But I have to wonder: Where is the justice in killing a sick human being?" -- Sister of death row inmate, June 2000 Thomas Provenzano was executed by lethal injection by the state of Florida on June 21, 2000. He had a history of mental illness and paranoid schizophrenia predating his crime, yet his family could not afford hospitalization for his illness. Moreover, he believed he was Jesus Christ, and believed he was being killed because he was Jesus Christ. Provenzano's sister wrote a letter to then-Governor Jeb Bush saying "as you know, Thomas is severely mentally ill. He believes he is Jesus Christ and that he is going to be executed because people hate Jesus". Similarly, Provenzano's lawyers requested additional time before his execution date so he could be examined by psychiatrists. A trial judge even came to the conclusion that Provenzano believed he faced execution because he was Jesus. Despite the evidence that Provenzano was mentally ill, he was executed by the State of Florida and with the approval of Governor Jeb Bush. Cases such as Provenzano's are all too common: Mental Health America (MHA) estimates that 5-10% of all death row inmates suffer from a severe mental illness. MHA has taken a policy stance against the death penalty, explaining that "mental health conditions can influence an individual's mental state at the time he or she commits a crime, can affect how "voluntary" and reliable an individual's statements might be, can compromise a person's competence to stand trial and to waive his or her rights, and may have an effect upon a person's knowledge of the criminal justice system." The National Alliance on Mental Illness (NAMI) also has stood against capital punishment. NAMI calls the death penalty "inappropriate and unwarranted" for those with severe mental disorders and a "distraction from the problems within the mental health system that contributed or even directly lead to tragic violence". For these reasons, MHA has called upon states to suspend using the death penalty, and NAMI has called for a ban on the death penalty for those with severe mental illnesses. How Mental Illness Affects Capital Punishment 1.Police Interrogation: Mentally ill defendants are more likely to give false confessions and are more vulnerable to police pressure. Mentally ill defendants are also likely to have difficulty understanding their Miranda rights, often waiving their right to an attorney. 2.Competency to Stand Trial: The US Constitution states that a defendant must be competent to stand trial, meaning the defendant must have a "rational as well as factual understanding of the proceedings" (ACLU). However, defendants with schizophrenia and / or severe delusions generally do not understand the proceedings, and should therefore not be declared competent enough to stand trial. Still, many schizophrenic defendants, like Thomas Provenzano, go to trial, rather than a state mental hospital to improve the defendant's mental state. Similarly, mentally ill defendants often fire their lawyers or choose to represent themselves because they (wrongfully) believe they are capable to defend themselves. For example, Pernell Ford, who was executed in Alabama in 2000, represented himself at trial. Ford spent much of his childhood in mental health institutions, attempted suicide several times, and had little formal education. He fired his lawyers, dropped his appeals, and wore a bedsheet to the penalty phase of his execution, saying he wanted the victims' bodies brought to court so God could resurrect him. Previously, Ford's lawyer had won him a stay of execution by questioning Ford's sanity, yet a federal appeals court ruled that Ford was competent enough to fire his attorney and drop the appeals. 3.Insanity: The ACLU reports that juries "frequently reject insanity defenses in capital cases despite strong evidence that the defendants are suffering from serious mental illnesses at the time of the crime". This results in guilty verdicts, which later turn into death penalty sentences. 4.Ability to form a criminal intent: States must prove that defendants specifically intended to kill the victim in most capital murder cases. Yet mentally ill individuals usually lack the ability to form the specific intent to kill, but are still found guilty in criminal cases. The Legality of Mental Illness and the Death Penalty The legality of executing a mentally ill person should be clear. In 1986, in Ford v. Wainright, the United States Supreme Court upheld that insane individuals cannot be executed. Justice Marshall's opinion discussed the "evolving standards of the Eighth Amendment" to prohibit states from inflicting the death penalty on someone who is insane, not aware of his execution and the reasons for it. Next, in 2002, in Atkins v. Virginia, the US Supreme Court ruled that executing mentally retarded individuals also violates the Eighth Amendment's ban on cruel and unusual punishment. The court found that the Eighth Amendment should be interpreted with "evolving standards of decency that mark the progress of a maturing society". In Panetti v. Quarterman, the Supreme Court reaffirmed that an individual cannot be executed if he is incompetent at the time of his execution, arguing that a defendant must have a "rational understanding of the reason for the execution". Past Executions Yet despite these cases, states have executed mentally ill prisoners, using legal loopholes surround the definitions of an "insane" person or using unscientific standards to define an intellectual disability. Below are definitions from NAMI of 2 of the major mental illnesses defendants on death row have, and 4 cases in which people suffering from these illnesses were executed. Schizophrenia: Schizophrenia is a serious brain disorder that affects approximately 2.2 million adults in the USA. It interferes with a person's ability to think clearly, to distinguish reality from fantasy, to manage emotions, to make decisions and to relate to others. The 1st signs of schizophrenia typically emerge in the teenage years or early 20s. Most people with schizophrenia suffer chronically or episodically throughout their lives, and are often stigmatized by a lack of public understanding about the disease. A person with schizophrenia does not have a "split personality", and almost all people with schizophrenia are not dangerous or violent towards others when they are receiving treatment. The World Health Organization has identified schizophrenia as 1 of the 10 most debilitating diseases affecting humans. Symptoms of schizophrenia include hallucinations - hearing voices when no one has spoken or seeing things that are not there - and delusions such as believing that people are reading their mind, controlling their thoughts or plotting against them. Post traumatic stress disorder (PTSD): PTSD is an anxiety disorder that can occur after someone experiences a traumatic event that caused intense fear, helplessness, or horror. The traumatic events can include war, childhood abuse, rape, natural disasters, accidents and captivity. Symptoms include re-experiencing (e.g. nightmares, flashbacks, hallucinations); avoidance (e.g. lack of recall of the traumatic event, limited range of emotion, feelings of detachment from others, feelings of hopelessness about the future); and increased arousal (e.g. inability to sleep, irritability, outbursts of anger, inability to concentrate, watchfulness, jumpiness). 1.John Errol Ferguson was convicted of murders occurring in 1977 and sentenced to death in 1983. Yet as far back as 1965, before his crime, Ferguson suffered from "visual hallucinations" and was sent to state mental institutions throughout the 1970s. In these institutions, a doctor diagnosed him as "grossly psychotic", and Ferguson was found to be a paranoid schizophrenic, delusional, and aggressive. In 1975, a doctor wrote that Ferguson was "dangerous and cannot be released under any circumstances". Still, he was released a year later, and soon after committed the crimes that left eight people dead. Ferguson believed that he was the "Prince of God" and could "control the sun". His attorney maintained that he was "insane and incompetent for execution". Yet the Florida Supreme Court found that he was competent enough to die, despite using a test for mental illness that the US Supreme Court has rejected. After decades of legal hurdles and appeals, John Errol Ferguson was executed by lethal injection on August 5, 2013 in Florida. 2.Charles Singleton was convicted of stabbing Mary Lou York to death in Arkansas. After his imprisonment, a prison psychiatrist diagnosed Singleton as suffering from paranoid schizophrenia, and a panel ordered him to take antipsychotic drugs. His lawyers filed a lawsuit saying the state could not force him to take medication in order to make him mentally competent enough to execute him. Despite the Ford v. Wainright case which prohibited the use of the death penalty against an incompetent individual, Charles Singleton was executed on January 6, 2004. 3.Jay D. Scott was convicted for the 1983 murder of Vinnie Prince. Since the age of 13, he spent all but 28 months in prison. He was a diagnosed schizophrenic, had a low IQ, and suffered from an abusive childhood. According to Amnesty International, five jurors from his trial signed declarations under oath saying they may have decided differently if mitigating evidence of mental disorders and his abusive childhood had been presented by Scott's attorneys, and 2 jurors said they definitely would have voted differently had the mitigating evidence been presented. Despite this, Jay D. Scott was executed by lethal injection on June 14, 2001 in Ohio. 4.Manny Babbitt, a U.S. marine veteran of the Vietnam War, was convicted of murdering Leah Schendel in 1980. Babbit's lawyers argued he suffered from Post-Traumatic Stress Disorder (PTSD) from his time in Vietnam. He had previously spent 2 years in mental institutions and was found to be a paranoid schizophrenic. Mental health experts and Babbit's lawyers argued that Babbitt attacked Ms. Schendel in a flashback, as evidenced by the fact that Babbitt wrapped a leather strap around Ms. Schendel's ankle - the same way the soldiers did to the dead in the Vietnam War. They argued he not be executed as a result. Babbitt never denied murdering Ms. Schendel, but rather argued that he did not remember doing it. Manny Babbit was executed by lethal injection on May 4, 1999 in California. October 2014 executions These are just a few of the many cases in which states moved forward to execute individuals despite evidence that they were mentally ill, incompetent, or unfit. Currently, there are 2 mentally ill inmates who have or had execution dates set for October 2014. Billy Irick has been on death row since 1986. In May of 1965, when Irick was 6, a clinical psychologist concluded that he was suffering from "a severe neurotic anxiety reaction with a possibility of mild organic brain damage". The following year, he was hospitalized and treated with anti-psychotic mediations; he remained hospitalized for 10 months. Years after Irick's case closed, key witnesses were interviewed by Irick's new attorneys saying he suffered from abuse and psychotic symptoms. The doctor that testified at the trial saying there was no evidence of mental illness has since said, "I am concerned that in light of this new evidence, my previous evaluation and the resulting opinion were incomplete and therefore not accurate ... It is my professional opinion to a reasonable degree of medical certainty that without further testing and evaluation, no confidence should be placed in Mr. Irick's 1985 evaluations of competency to stand trial and mental condition at the time of the alleged defense". Billy Irick's execution has been stayed - but not because of Irick's mental state. In Tennessee, Irick and 10 other death row inmates have filed a lawsuit challenging the secrecy of the states lethal injection laws, and the legality of the use of the electric chair as a backup if lethal injection drugs cannot be obtained. The court has not set a new execution date. Larry Hatten has been on death row since 1996. Originally, he was scheduled to die on October 16, 2013, but the execution was stayed due to concern over Hatten's sanity and to allow time to determine his mental competency. His new execution date is set for October 15, 2014 after Hatten told his lawyer to drop all appeals and speed up the execution date (something that often occurs with mentally ill patients). Hatten's lawyer had said that he has suffered from mental illness for over a decade and has been forcibly medicated in jail several times. The issue is whether Larry Hatten is competent enough to be executed. His execution date is still set for October 15. The death penalty, though always unacceptable, is especially intolerable in cases where the defendant is mentally ill. These defendants often were mentally ill at the time of their crime, or later become so mentally incompetent that they cannot understand why the reasons for their execution. Now is the time to abolish the death penalty, especially before states continue to execute mentally ill inmates. The NCADP has created the 90 Million Strong campaign to unite the voices of those who believe the death penalty is wrong. We need to demonstrate that the broad public support to end this practice is already here in America, and 90 million people speaking up can make a difference. The 90 million people who oppose the death penalty are organized, energized, and ready to end capital punishment. Join us today. (source: NCADP.org) ******************************* The Enforcers of the Death Penalty----How does capital punishment affect the prison guards and wardens tasked with carrying it out? It was the late 70s, and Kathleen Dennehy was working at Massachusetts Correctional Institution at Concord, the oldest running men's prison in the state. Opened in 1878, it has a vault filled with corrections records dating back to the turn of the century, both from the now-demolished state prison that preceded it and from MCI-Concord's prison cemetery. The weathered papers include death certificates, sentencing documents, and other records, including those of Sacco and Vanzetti, the famous 20s anarchists ostensibly sentenced to death for 1st-degree murder, but whose larger crime was being Italian. But 1 particular document - from the early 1900s, she estimates - caught her eye. "The wording was so unusual," says Dennehy, who now works for the National Council on Crime & Delinquency. "It was for a prisoner who had died in custody at the old state prison, and next to 'cause of death', it read 'judicial homicide.'" It's a telling turn of phrase. Sometime during the 20th century - historical sources disagree as to the exact year - the term "capital punishment" entered American legal parlance, and with it a sanitized rebranding of state-sanctioned killings. Dennehy had never heard the term "judicial homicide" used before encountering it in the vault, nor - during her 30-year career in corrections that followed - did she hear it used again. Taken separately, the words "capital" and "punishment" are both qualifiers for the condemned, but "judicial homicide" points to someone else entirely. It's the guard standing at the door to the death chamber, the strap-down team member holding the prisoner's ankles, and the physician inserting the needle. It's the people who walk into the death chamber and walk back out, and sure, their task is judicial. But just because we call it "punishment" now, does it affect their psyches any less than when we called it "homicide"? "At job interviews we don't ask things like, 'So how do you feel about wheeling away a body?' But maybe we should." Unlike other professions that involve death, such as the police force or the military, few corrections officers enter the field with the expectation that they'll eventually have to kill somebody. On the contrary, many view themselves as protectors. "We are caretakers for a population of people who instantly go out of sight, out of mind for the general public," says Jennie Lancaster, a retired prison warden with the North Carolina Department of Corrections. In 1984, she oversaw the execution of Velma Barfield, the 1st woman in 35 years to be executed in the United States and the 1st to die of lethal injection. "At job interviews we don't ask things like, 'So how do you feel about wheeling away a body?'" Lancaster says. "But maybe we should. It's not a role many of us picture ourselves playing." And why would they? When it comes to the death penalty, much media attention has been paid to families of the victims and the condemned. Not so with corrections officers. It takes stories of executions gone wrong, such as Clayton Lockett's heart attack after a failed lethal injection in Oklahoma last April, or Joseph R. Wood III's injection of 15 times greater than the standard dosage, to shift the lens. Then, we wonder: What must it have been like to be in that room? To watch a person's body convulse, rather than calmly shut down? What is it like to wait two hours and 600 gasps of air for a man to die? Following the media circus around Velma Barfield's execution, Lancaster was asked to appear on The Oprah Winfrey Show for a panel on capital punishment in 1988. This was the same year that Congress reinstated the federal death penalty, with then-president Reagan as a vocal supporter (though it should be noted that the Supreme Court put capital punishment back into effect several years earlier in 1976, after a 4-year moratorium). On the episode, Lancaster coined the phrase "silent actors" to describe the corrections officers who have to physically mete out executions, and whose names are protected from the press. "There is a code of silence around execution teams, and it's used to protect people who are involved in them," says Lancaster, who was one of the first wardens to bring public awareness to corrections job stress. Still, she acknowledges that the flip side of protection is isolation, and that execution teams have few people to talk about their experiences with. "It's not necessarily something you go and bring up in church," she sighs with a North Carolinian drawl. So how do you cope with that kind of job stress? In the American legal system, we burden a small handful of people with what is arguably the hardest part of corrections: There are only 38 execution chambers in the country, 5 of which - in New Hampshire, Kansas, Nebraska, California, and New York - are never used. When almost nobody can relate to your job, is it easier to quell your feelings about executions than express them? A 2005 study published in Law and Human Behavior titled "The Role of Moral Disengagement in the Execution Process" sought to answer that question. Conducted by then-Stanford psychology student Michael Osofsky, social cognitive theory pioneer Albert Bandura, and Stanford prison experimenter/psychologist Philip Zimbardo, the 5-year study aimed to pinpoint the psychological strategies officers use to repeatedly perform, and cope with, executions. "The core thesis is that individuals must morally disengage in order to perform actions and behaviors that run opposite and are counter to individual values and personal moral standards," Osofsky says. "Capital punishment is a real-world example of this type of moral dilemma where everyday people are forced to perform a legal and state-sanctioned action of ending the life of another human being, which poses an inherent moral conflict to human values." To develop his moral disengagement metric, Osofsky studied 8 behaviors: moral justification, the use of euphemistic language, advantageous comparison (for example, "the execution prevented him from killing many more people"), displacement of responsibility, diffusion of responsibility, distortion of consequences (i.e. minimizing the execution process: "lethal injection is humane as the inmate has no pain"), attribution of blame, and dehumanization of the prisoner. During his interviews with execution teams and uninvolved correctional officers, he used the Clinician-Administered PTSD Scale (CAPS-1) Life Events Checklist and the Beck Depression Inventory, 2 tools psychologists use to measure trauma and depression. One unsurprising aspect of the research was that nearly all corrections officers, whether involved or uninvolved with the execution process, rated high on the CAPS-1 Life Event Checklist, meaning that they had experienced and witnessed some pretty extreme events. But interestingly, there were almost no incidences of depression and scant evidence of PTSD among the wardens or executioners, even for those who had participated in 20 or more executions. Why? Perhaps because moral disengagement does a good job of protecting the psyche. In fact, Osofsky made another striking discovery: an inverse relationship between levels of moral disengagement and how close to death each team member was. In other words: Carry out your execution day task in the next room (sitting with the victim's family, for example), and your moral disengagement stays low; touch the condemned while they die, and your moral disengagement soars. This is, of course, keeping in mind that it's incredibly difficult to quantify these types of psychological effects: Everyone processes death in their own unique way, which is why Osofsky's study makes ample use of storytelling and interviews. A quote from his research, this one from a death-chamber door guard at Louisiana's Angola State Prison, aptly illustrates the moral disengagement/proximity-to-death pattern: "After it is over, you get to thinking about him," the guard said. "You try to block it out, but you can't - his death is there." "I always ask myself, would I have agreed to participate in executions if I knew then what I do now?" It's a dimension of capital punishment that is rarely discussed. We frequently debate whether it's moral to make human beings die for their actions. But should we also be asking how moral it is to appoint other human beings to be their killers? It's not a question with any neat answers. But no matter what retired corrections officials think about the morality or justness of capital punishment, many seem to have one thing in common: When asked to join executions, they were hesitant to take the job. "I always ask myself, would I have agreed to participate in executions if I knew then what I do now?" says Steve J. Martin, who began his corrections career on death row at age 23 at Ellis Unit, part of Texas State Penitentiary at Huntsville. After leaving to earn his law degree, he eventually returned as executive assistant to the director and general counsel of the Texas Department of Corrections. During that time, he was asked to sit inside the death chamber while each execution happened, keeping the phone line open in case the Attorney General called at the last minute with a reprieve. "I wasn't conflicted at that point about it, and I agreed without giving it a lot of thought," Martin says. "After each execution, I signed the death warrant too, until the thought occurred to me that I didn't really know much about these men. So I started pulling the file each afternoon before someone was assigned to die and reviewing it, just to get to know them better." Things changed after the 1985 execution of Doyle Skillern, a co-defendant in a homicide case that gave Martin pause. As a lawyer, he knew that murder co-defendants often avoid the death penalty - but Martin had gotten to know Skillern, too, as part of an experiment in the 80s in which Ellis' death row inmates were mixed into the unit's general prison population, where they interacted with prison staff as well as fellow inmates. Though the experiment was eventually cut short, it afforded Martin and Skillern some 1-on-1 conversations - including one in Skillern's cell on the day of his execution, when he looked Martin and his boss, the Director of the Texas Department of Corrections, in the eye and thanked them before being taken away. "The whole thing made me step out of my role professionally, and touched me on an emotional level," Martin says. "I began to realize that this is how these things happen, executions. We do these things that personally you would normally never be involved in, because they're sanctioned by the government. And then we start walking through them in a mechanical fashion. We become detached. We lose our humanity." Should we also be asking how moral it is to appoint other human beings to be killers? A few years later, there would be another corrections officer at Huntsville who was equally hesitant to join executions. Like Martin, Jim Willett spent his youth working in corrections, starting at the Huntsville penitentiary as a college student in 1971. As is the case with reliable wardens, Willett was tapped often for promotions, until he was made an offer that he initially turned down: the position of head warden, where he'd be overseeing executions. "I had some personal feelings about it," Willett says. "But I made the mistake of telling my supervisor that if they couldn't find anyone else, I would do it." Willett ended up becoming Huntsville's head warden during Texas' three busiest years for executions, 1998-2001, when he oversaw a staggering 89 of them. "I'd tell the inmate to lie down on the gurney, and I'd stand by his right shoulder, with the chaplain at his right foot. And there is some emotion that runs through all of that, through the whole experience," say Willett. "You'd have to be crazy for it not to be. I don't know how anybody could totally disassociate." Still, one gets the sense Willett would score low on the Beck Depression Inventory, just like the prison workers in Osofsky's study. When asked if those 89 executions affect him at all today, his response is either a stunning testament to the durability of the human spirit or a haunting confirmation of Osofsky's research. Or both. "To be honest with you," Willett says, "They rarely cross my mind. They rarely cross my mind at all." (source: The Atlantic) ***************** Juries Dole Out Harsher Sentences to Non-Citizens When Texas resident Edgar Tamayo shot and killed a police officer in 1994, he was arrested the same day, and 20 years later, the state of Texas executed him by lethal injection. His guilt wasn't in question, but Tamayo's death was nonetheless controversial: He was a Mexican citizen, and the Mexican government - which does not support the death penalty - appealed to the U.S. to let him live. Mexicans around the world protested his fate. Some Americans - including Secretary of State John Kerry - feared the execution could even threaten the U.S.'s relationship with Mexico or endanger Americans living abroad. There are currently 60 Mexican nationals on death row in the U.S. (10 of them in Texas), and, as of April, a total of 138 foreign nationals awaiting execution in the U.S. The execution of foreign nationals inevitably generates more controversy than most death penalty cases, and now we have another reason to question the treatment of foreign criminals: A new study has found that U.S. juries may show less mercy to non-citizens. In a new paper, forthcoming in the journal American Sociological Review, a team of researchers led by Michael Light, a sociologist at Purdue University, analyzed 17 years' worth of data from the U.S. federal district courts, from 1992 to 2008. Most research on juries' biases has focused on variables like race, ethnicity and gender - scientists have found that black and Hispanic defendants tend to get harsher sentences than whites - but citizenship has been largely neglected. After controlling for factors like age, race, education level, criminal history, and seriousness of the crime, Light and his colleagues found that non-U.S. citizens received sentences that were, on average, 2 to 4 months longer than those doled out to American citizens. And they were more likely to get prison sentences in the first place: In 2008, for instance, 96 % of convicted non-citizens were given at least some jail time, compared to 85 % of citizens. Undocumented immigrants fared even worse than non-citizens residing in the U.S. legally. It's not just jurors' preference for their own groups that explains the penalty for non-citizens: It may reflect a (presumably unconscious) effort to maintain dominance in light of an influx of immigrants. "The group threat perspective ... suggests dominant group members feel threatened economically, politically, criminally, or culturally," the authors write, "and will step up efforts to maintain social control when minority group populations are increasing." (source: The New Republic) ************** States Try Secrecy to Protect Lethal Injection Drugmakers Ohio's attorney general proposed shielding the identity of companies who provide drugs for execution, following the lead of other states States carrying out lethal injections have had to find new ways to execute inmates in recent years. Many have not only experimented with multiple untested drug combinations but have also turned to previously unused pharmacies. And they???ve increasingly tried to block the identity of those drugmakers in order to keep a steady supply of drugs flowing. A handful of states, including Arizona, Georgia, Missouri and Oklahoma, have passed secrecy laws to protect the anonymity of pharmacies, which fear backlash if it becomes public that they???re providing drugs for executions. Ohio - home to a lethal injection earlier this year that was widely considered botched - may be next. Ohio Attorney General Mike DeWine said this week that it's unlikely executions in the state would proceed unless the legislature provided anonymity for compounding pharmacies and immunity for physicians involved in executions. "You're not going to see a death penalty take place until the General Assembly takes action," DeWine said in a debate with a Democratic opponent Tuesday, according to the Columbus Dispatch. The execution of Ronald Phillips, convicted in the 1993 rape and murder of a 3-year-old girl, is scheduled for Feb. 11. The comments appeared to be an indication of the difficulties Ohio is having obtaining execution drugs following the lethal injection of Dennis McGuire. In August, a moratorium on executions was set by U.S. District Judge Gregory Frost, who postponed all lethal injections in the state after McGuire - convicted in the 1989 rape and murder of 22-year-old Joy Stewart - was executed in a 25-minute-long execution, in which the inmate reportedly made repeated snoring and snorting noises. The state used 2 drugs, midazolam and hydromorphone, which were obtained from Illinois-based Hospira, a pharmaceutical company. Since then, the McGuire family has sued Hospira, forcing Ohio to look elsewhere for drugs. Like most states, the Ohio Department of Rehabilitation and Correction is attempting to acquire drugs from compounding pharmacies, which are not regulated by the federal government. Many pharmacies, however, are unwilling to manufacture drugs for prison systems unless their identities are shielded. Secrecy laws have become the only way for most states to continue carrying out the death penalty, but those protections are increasingly being challenged. The Guardian, along with the Associated Press and Missouri's 3 largest newspapers, filed a lawsuit against the Missouri Department of Corrections in May, arguing that under the First Amendment the public has a right to know what drugs the state is using and where the state is obtaining them. In September, the Guardian also joined the American Civil Liberties Union and three other newspapers in a similar lawsuit in Pennsylvania. In a few states, efforts at creating secrecy laws have failed, including in Alabama and Louisiana, both of which failed to pass legislation shielding drugmakers. But most states are pressing forward. "States certainly aren't backing away from their secrecy positions," says Richard Dieter, the executive director of the Death Penalty Information Center, an anti-capital punishment organization. "In many states, the legislation already in place has been relied on to claim secrecy. It seems that part of Ohio's, and other states', problems stemmed from their secrecy. So it seems ironic that the proposed solution is even more secrecy." (source: TIME magazine) ********************* Put the death penalty to death I think that in many circumstances, we would call for the death penalty on someone, especially if someone does something that is strongly against our morals or has affected us personally. I feel that when it comes to voting on this specific issue, we need to learn about the bigger picture and ask ourselves a couple of questions. What if an innocent person is put to death? And is it wrong to put someone to death for a wicked crime? Does doing this make us hypocrites? As a society, we all want to deter crime. We don't want our belongings stolen, and we want our homes safe. So what better way to deter crime than to impose a possible death penalty to crimes? While common sense would say that people wouldn't commit as much crime in states where the death penalty is active simply due to the fear of dying, crime may not be deterred by the death penalty. According to a study, the death penalty does not deter homicide rates even with the fear instilled death penalty in place, and goes even as far to say that politicians may support the death penalty in order to appear as being tough on crime. When we look at the death penalty throughout the ages, it seems to have gotten more humane in a sense. We went from burning people at the stake, to hanging, to the electric chair and then to lethal injection. While other countries and certain states still have wicked death penalties, lethal injection has been seen as the new modern way to end someone's life. But I question if this is true. Killing someone in a humane way sounds like an oxymoron to me. How can you kill someone humanely? Is it determined by the least amount of shed blood and pain? Or is it how calm the death is? We have answered with lethal injection, a system involving 3 drugs that induce unconscious, muscle paralysis, then stops the heart. Unfortunately, many of these lethal injection executions have been botched, having the victim take a longer than normal time to die, and bringing up the fear that they may have felt pain due to this. Ultimately, my opinion on the subject derives from the possibility of innocence of a death row inmate. According to a recent study, it was found that no less than 4.1% of people sentenced to the death penalty are innocent. The unfortunate part is that this is a conservative number, so it could be much higher. The problem here is that if we put someone innocent to death and later find out that they were innocent, there is no way we could bring them back. At least if they had life in prison, there would be even the smallest chance of new evidence or a case reopened. To conclude, I don't think the death penalty will ever be humane, as there isn't a humane way to kill someone. The death penalty also brings up many issues for families, cost, and the potential of executing an innocent person. Overall, I think it is more effective to keep someone in jail for life than giving them the death penalty. (source: Victor Martelle, Opinions Editor, The Anchor) From rhalperi at smu.edu Wed Oct 1 13:03:16 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 1 Oct 2014 13:03:16 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 1 KIRIBATI: Kiribati copycat killings of women trigger death penalty bill debate The proposed reinstatement of the death penalty in Kiribati is triggering public criticism. The Parliament of Kiribati late last month passed the first reading of an amendment to the penal code to permit the use of capital punishment in certain criminal cases. This comes after the violent deaths of 5 Kiribati women this year, allegedly at the hands of their partners or husbands. Taberannang Korauaba, editor of the Kiribati Independent, says the deaths sparked public outrage which motivated the government to push forward the proposed bill. "The killings were seen as copycats and sparked criticism and public outcry," he says. Kiribati President Anote Tong could not be reached for comment as he was currently visiting the Arctic. However, following the bill's 1st reading he said it would work as a deterrent for deliberate killings. "Now you have different levels of murder and what people are saying is, you know there should be different degrees of punishment also given the severity and the gruesomeness or the brutality of the act," he told Radio Australia. Referendum considered According to the Kiribati parliamentary process, the bill cannot become law until it passes its second reading in Parliament in December and is then signed off by the President. In the meantime the government is forming a review committee and is considering holding a referendum to gauge the public's reaction to the proposal. "There are mixed reactions to this bill, but based on what I read in our news is that many people oppose it," says Korauaba. "I don't think it will work in a small country like Kiribati where people live close to each other. You even know what the other one is doing or eating. Imagine then, when the bill becomes law, how would the accused be executed, where, when, and who's going to do the execution?" The 2 main Kiribati churches have publically opposed the bill, with both leaders of the Catholic Church and Kiribati Uniting Church saying capital punishment denies the right to life. The chairman of the Kiribati council of churches, Bishop Paul Mea Kaiuea, says there is no evidence to suggest the death penalty will prevent murder. "In Kiribati we already have life imprisonment for those who kill and we think this is more than sufficient for death penalty. The death penalty is a kind of a short cut to get rid of those who committed murder based on hatred and revenge. Compassion cited "As Christian churches we need to have compassion on those who commit murder, like Christ himself." Opposition leader Dr Tetaua Taitai says he does not think the death penalty addresses the reasons that motivate murder, such as the effects of alcohol or land disputes. "As a deterrent for deliberate killings, as the President says, I do not agree with that as most of the killings from the perspectives of those committing them, they have their own reasons for committing them," he says. "Killing the accused will not deter future incidents unless some of the root causes mentioned are tackled." Kate Schuetze, Pacific researcher for Amnesty International, is surprised there has not been more public debate on the bill. "I think they tend to underestimate the seriousness of such an issue when it comes up and dismiss it as something that will never happen. The Pacific culture is such that leaders are not directly challenged or questioned, which also makes opposition difficult." Schuetze says she is worried Kiribati will repeat the actions of the Papua New Guinea government, which last year rushed through expanded death penalty laws in response to the gang rape and violent killings of women accused of sorcery. Not taken seriously "There was talk of this in advance, but no one took it seriously and a bill was only circulated days before it was passed," she says. "In the Pacific it is not uncommon for laws to pass quickly without much public or parliamentary debate on the issue. I am worried that some governments do this deliberately to stop people voicing their opposition." Tagaloatele Professor Peggy Fairbairn-Dunlop, professor of Pacific Studies at AUT University, says she is surprised she has not seen more of a response internationally from women in regards to the bill. "Usually it's the women, in every Pacific society that I know, they've always been arguing against inhumane measures of life for life but this one is a total mystery for me," says Tagaloatele. "I would have expected that the women's response would have been similar to that of the church, that it is not a Christian way and it is not a culturally strong way to address an issue although it is a great wrong to take a life." Second reading Shamima Ali, coordinator of the Pacific Women's Network against Violence against Women, says the network is currently writing to the President to voice its concerns. "State-sanctioned violence further desensitises people and contributes to the acceptance of vengeance and retribution as legitimate sanctions,??? she says. "Governments must work with civil society to empower women in all areas of life and explore non-violent punishment which can actually deter crime, as well as work with men to address root causes of violence." With opposition toward the bill growing, Dr Tetaua Taitai says the government will have to take this into account when it comes to the second sitting of Parliament in December. "I have a feeling that the President and the government party will change their mind when it comes to its 2nd reading in December this year as the passage of its 1st reading was seen as a political ploy to show support for his constituency," he says. "Now he knows that people are not supportive and therefore he will try to come up with a good reason for not supporting its 2nd reading in the next Parliament in December." (source: Island Business) SOMALIA: Somali Military Court Sentences Three Soldiers to Death Over Robbery The Somali military court on Sunday (September 28th) sentenced 3 soldiers to death for setting up illegal checkpoints and robbing civilian vehicles, Somalia's RBC Radio reported. The court handed down the sentences after the soldiers were found guilty of stealing from passenger buses on the Mogadishu-Afgoye road. They have 30 days to appeal. A 4th soldier was charged with the robbery, but was released after the court found him innocent, military court spokesman Colonel Abdullahi Muse Keyse said. Colonel Hassan Ali Nur, who recently assumed chairmanship of the military court from Colonel Abdirahman Mohamed Turyare, who now serves as director general of the National Intelligence and Security Agency (NISA), announced Monday that all soldiers found guilty of similar offenses in the future will also face the death penalty, Somalia's Goobjoog News reported. (source: All Africa News) IRAN: Fear of Execution: Dissident Cleric Ayatollah Kazemeyni-Boroujerdi Transferred to an Unknown Location Sources close to the dissident cleric Ayatollah Kazemeyni-Boroujerdi say that Mr. Boroujerdi has been transferred from his ward at the Evin prison (where he is being held) to an unknown location. According to these sources the prison officials had told him more than a week ago that he will be executed in the near future. Mr. Boroujerdi's family members are concerned the he might be at imminent danger of execution. Iran Human Rights (IHR) urges the international community to react to save Mr. Boroujerdi. Mahmood Amiry-Moghaddam, the spokesperson of IHR said: "We take these reports seriously and ask the international community to react before it is too late". Mr. Boroujerdi was arrested in October 2006 and the year later he was prosecuted by the Special Clerical Court behind closed doors. According to his associates, he was initially sentenced to death, but upon appeals his sentence was reduced to 11 years in prison. According to Amnesty International there are believed to have been 30 charges against him. These include "waging war against God" (Moharebeh), for which the punishment is death; acts against national security; publicly calling political leadership by clergy (Velayat-e Faqih) unlawful; having links with anti-revolutionaries and spies; and using the term "religious dictatorship" instead of "Islamic Republic" in public discourse and radio interviews. Background (Amnesty International, 2 April 2014): Sayed Hossein Kazemeyni Boroujerdi, serving an 11-year prison sentence, suffers from a number of illnesses, including diabetes, asthma, Parkinson's disease, kidney and heart problems and severe pain in his legs and waist. He has also reportedly gone partly blind in 1 of his eyes. His health conditions have apparently worsened and he collapses frequently. He has not been provided with the medical treatment he requires, though prison doctors said in February 2014 that he needed to be hospitalized outside the prison. During the 8 years he has spent in prison, he has been admitted to hospital 3 times. He is now held in Evin Prison's Ward for the Clergy: he was imprisoned for advocating the separation of religion and state. He has been under increased pressure to write and sign "confessions". Prison officials have told him at least once, in October 2013, that if he does not write a letter recanting his beliefs, he will never be released. Prison guards reportedly raided Sayed Hossein Kazemeyni Boroujerdi's cell on 15 March and destroyed his personal belongings. This happened during visiting hours when he was with his family. His family members have also been harassed, even during a prison visit, when they had to undergo invasive body searches. In September 2013 Sayed Hossein Kazemeyni Boroujerdi's wife, Akram Vali Dousti, was summoned for questioning by the Special Court for Clerics (SCC). (source: Iran Human Rights) **************************** Stop Woman's Execution ---- Legal Process Plagued With Irregularities Iran's judiciary should vacate the death sentence of Reyhaneh Jabbari and ensure that she receives a fair trial. She was convicted of murdering an older man in what she says was self defense. On September 29, 2014, prison authorities transferred Jabbari to a prison west of Tehran without explanation, raising fears that her execution was imminent, but then returned her to her original prison cell overnight. Jabbari was arrested in 2007 and sentenced to death in 2009 by a Tehran criminal court for the murder of Morteza Abdolali Sarbandi, a doctor and a former Intelligence Ministry employee. Later that year the Supreme Court affirmed the death sentence. Jabbari admitted stabbing Sarbandi in the neck, but says that he attempted to sexually assault her. She also said that a third person in the room may have caused Sarbandi's death. Jabbari's lawyers contend that the judiciary did not properly investigate the cause of death and deprived their client of a fair trial. Tehran's prosecutor's office had been reviewing the case. "In light of the serious substantive and procedural questions raised in this case, and the fact that it's still under review, officials risk being complicit in irreversible harm if they execute Jabbari," said Joe Stork, deputy Middle East and North Africa director at Human Rights Watch. "Iran's judiciary should immediately reverse its death sentence and allow her a fair retrial." Sholeh Pakravan, Jabbari's mother, told Human Rights Watch that on September 28, 2014, prison authorities allowed her and Jabbari's lawyer to meet with her. They met in Gharchak prison, also known as Shahr-e Rey prison, in Varamin, 55 kilometers south of Tehran. Pakravan said that a day later she learned that prison authorities had transferred her daughter to Rajai Shahr prison in Karaj, and that they planned to execute her early on September 30. Pakravan said sources inside both prisons, including employees of the prisons, informed her of her daughter's impending execution. Pakravan told Human Rights Watch that the Tehran prosecutor's office had been reviewing her daughter's case file, and that the authorities had not informed her or the lawyer that they planned to execute Jabbari. Iranian law requires judiciary authorities to inform lawyers and family members in advance of an execution. Pakravan said she and others then traveled to Rajai Shahr prison to learn more about Jabbari's whereabouts and condition. Official and semi-official news outlets said, however, that unnamed "informed judicial sources" denied that officials had transferred Jabbari to Rajai Shahr prison, or that they planned to execute her. A source familiar with the case told Human Rights Watch on the morning of September 30 that Jabbari had contacted her mother a few hours earlier from Gharchak prison to tell her that she was alright, and that plans to execute her had been halted for the time being. Another informed source said that authorities presented documents to the family showing they had transferred Jabbari back to Gharchak prison on September 29. Pakravan said that no official has informed her or her family that the execution order has been halted, and she believes her daughter's life is still in imminent danger. Iran's judiciary previously halted Jabbari's execution in April 2014 to review the conviction and death sentence. Mohamed Ali Jedari Foroughi, Jabbari's lawyer until recently, told Human Rights Watch that during the 6 months he was in charge of Jabbari's case, prison authorities only allowed him to visit her twice. He said judiciary officials prevented him from examining Jabbari's case file while Tehran prosecutor's office was reviewing it despite the serious questions and ambiguities about Sarbandi's cause of death. According to other reports, officials placed Jabbari in solitary confinement immediately after her arrest for 2 months and denied her access to a lawyer or her family. Under Iranian law, in murder cases, the victim's survivors retain the right to claim retribution in kind, to pardon the alleged killer, or to accept compensation in exchange for giving up the right to claim retribution. Sarbandi's family has refused to pardon Jabbari. In 2014, Iran's judiciary has executed at least 500 prisoners, many of them on murder charges, according to rights groups. Human Rights Watch has called on Iran's judiciary to impose a moratorium on all executions in the country due to serious concerns regarding substantive and due process violations leading to Iran's implementation of the death penalty. Human Rights Watch opposes the death penalty in all circumstances because it is an inherently irreversible, inhumane punishment. "It is unconscionable that in addition to enduring the pain of having their daughter on death row, Jabbari's parents must also deal with a judiciary that refuses to play by its own rules and fails to provide them with sufficient and clear information regarding her condition," Stork said. (source: Human Rights Watch) ******************** Trust Iran? It Just Hanged a Man Who Doubted 'Jonah and the Whale'----Iranian President Rouhani speaks reasonably about nuclear negotiations and stabilizing the Middle East, but at home the "hanging judges" are still at work. When Iranian President Hassan Rouhani answered questions from media leaders at the United Nations General Assembly about the Iranian nuclear program and ISIS last week, there were only occasional brief references to the human rights situation back in Iran. When there were inquiries about 3 U.S. citizens being held there - a former Marine, Amir Hekmati; Washington Post correspondent Jason Rezaian; and Christian pastor Saeed Abedini - President Rouhani said the arrests should not be blown out of proportion and the judicial process must run its course. Yet on that same day in Iran, Mohsen Amir Aslani, a prisoner of conscience, was executed in the last act of a truly Kafkaesque legal process. Aslani, 37, was hanged in Rajaei Shahr Prison in Karaj at dawn on Wednesday September 24 for committing heresy and allegedly insulting the Prophet Jonah (Yunus in the Qur'an) - the one swallowed by a "big fish"; the 1 that God used to teach the lesson of compassion. On the previous day, a prison official contacted Aslani's parents and asked them to come and visit their son one final time. Prior to this, no information about his arrest or trial was made public because his family was led to believe that by keeping quiet about his arrest, he would eventually be released. News broke about his fate only hours before the sentence was carried out, when a neighbor's relative posted the news on Facebook and then shortly afterwards the Human Rights Activists News Agency (HRANA) reported that Amir Aslani was being kept in solitary confinement and was awaiting his execution. This was almost 8 years after his arrest, and yet was the 1st time word of his situation became public. Before his imprisonment, Amir Aslani was a family man who worked as a psychologist but was interested in theology and gave religious classes that looked at different interpretations of the Qur'an. This was the cause for his arrest and nine months in solitary confinement in Cell Block 209 of Evin Prison in 2006. His original sentence was 4 years but was initially reduced to 28 months by the appeals court until Judge Abolghasem Salavati, an infamous "hanging judge," handed down the death penalty on new, unfounded charges. "His family was led to believe that by keeping quiet about his arrest, he would eventually be released." An informed source told the International Campaign for Human Rights in Iran the day before Aslani's execution that Aslani merely "gave classes on reading and interpreting the Qur'an and would give out his comments as booklets." According to this source, "Many young people participated in his classes that did not meet the approval of the Intelligence Ministry, which is why he was arrested so suddenly." "The last time he saw his family, he told them how he was subjected to continuous physical and mental torture and was repeatedly moved between the common ward and the quarantine ward to make him believe his execution was imminent," according to this source. "He would stay awake until 5 in the morning, wait for the cell door to open so they could execute him, but then several hours later they would transfer him back to the common ward. He said that each time he was tortured by the fear of his own death." In one of Aslani's religious classes, he told his audience that Jonah could not have emerged from the whale's belly and it was this statement that led to his charge of insulting the Prophet Jonah. A person close to the family told the German broadcaster Deutsche Welle that he was initially arrested for heresy. Although the appeals court reduced Aslani's sentence to 2 years and 4 months, new charges were also added including a so-called "forbidden act," which was unspecified. Having been condemned to death by Judge Salavati, Amir Aslani argued that the Revolutionary Court had no jurisdiction over his case and so it was sent onto the Criminal Court in Tehran where 3 of the 5 judges considering his case upheld the death sentence. Following this, it was taken to the Supreme Court, which annulled the sentence because there was a lack of evidence and legal merit, but it was then taken back to the Criminal Court, which reinstated it. Aslani's lawyer objected once more and the case was sent back to the Supreme Court, which this time upheld the sentence. According to Iranian law, if the Chief Justice endorses the Supreme Court's decision, the verdict is final, and so it was. That is the way the judicial system in Iran runs its course. (source: The Daily Beast) From rhalperi at smu.edu Wed Oct 1 13:04:15 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 1 Oct 2014 13:04:15 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 1 PAKISTAN: Mohammad Asghar: Application filed to prevent jail return ---- The 70-year-old was arrested in 2010 after writing letters to a number of people claiming to be a prophet Lawyers acting for Scot Mohammad Asghar have filed an emergency application to keep him in hospital, after reports he will be returned to the Pakistan jail where he was shot by a guard. Mohammad Asghar suffers from paranoid schizophrenia. He has been in hospital since he was shot in the back on Thursday at Adiala jail in Rawalpindi. Mr Asghar was sentenced to death in January for blasphemy. His family's lawyer has also met Scottish First Minister Alex Salmond. Aamar Anwar has asked Mr Salmond to personally intervene in Mr Ashgar's case. Lawyers filed an application on Tuesday morning to ensure his safety. It was revealed on Sunday that Pakistani authorities intended to return the Edinburgh businessman to the prison where he was shot. His family have asked Prime Minister David Cameron to intervene on Mr Asghar's behalf, but Mr Anwar said they had received no response. The solicitor met Mr Salmond and Scottish External Affairs Minister Humza Yousaf on Tuesday evening to discuss what help they might offer. Charity Reprieve has also written to Mr Cameron asking that Mr Asghar be held in a secure facility where he can receive adequate treatment for his injuries and mental health problems. 'Near fatal attack' The emergency application asks that the court that Mr Asghar be kept in a hospital where he is safer from attack and where he can be treated for his injuries and mental illness. He is currently in intensive care, suffering from a high fever and a serious chest infection. Doctors have recommended that he be kept in hospital for the next 72 hours. A prison guard, Mohammad Yousuf, appeared in court in Rawalpindi on Friday accused of the shooting and was remanded in custody. Maya Foa, director of Reprieve's death penalty team, said that Mr Asghar's mental health had been further affected by the recent attempts on his life. She said: "Mr Asghar has suffered a near fatal attack at the hands of people who were supposed to protect his security. "It is unthinkable that [he] should be removed from the hospital - let alone be taken back to the very prison where he was attacked. "David Cameron must step in and protect the life of this vulnerable British citizen without delay." Mr Asghar was shot in the back at Adiala jail in Rawalpindi on Thursday morning The prime minister has previously expressed concern over the case. In a press conference in Edinburgh on Friday, Mr Asghar's family appealed for more help from the British government. His daughter, Jasmine, said: "Our father is a very mentally ill man... We are begging David Cameron and the whole of the British government to do everything they can to ensure that as soon as he is well enough to travel our father is brought back to the UK where he will be safe. "Until then, we want him to be kept in a hospital where he will be properly protected and treated." Mr Asghar moved to Pakistan in 2010. He was later arrested for writing several letters claiming to be a prophet and was sentenced to death for blasphemy. Since his sentence, his lawyers and family had regularly warned the authorities of the risk to his life in Adiala prison. Those accused or convicted of blasphemy in Pakistan are at high risk of attack by religious extremists. (source: BBC news) ***************** SC forms larger bench for death penalty cases The Supreme Court on Wednesday decided to constitute a larger bench to hear cases related to death row inmates across the country. The decision came in reply to an appeal filed by a representative of the Watan Party, Barrister Zafarullah, seeking explanations from the government over the inordinate and inexplicable delays in the execution of prisoners on death row. During the hearing, the 3-judge bench headed by Chief Justice Nasirul Mulk decided that the matter should be referred to a larger bench considering the number of cases pending in this matter. The petition stated that besides murder, 27 offences are legally punishable by death in Pakistan and asked for the release of death row prisoners if the government does not want to proceed with execution. To this, the chief justice questioned under which law the inmates should be released. The hearing of the case has been adjourned for an indefinite period of time. According to a Human Rights Commission of Pakistan (HRCP) report published in 2013, authorities have executed only 1 death row prisoner since 2009, while 8,526 inmates on death row await their fate in prisons across the country. The report further stated that courts continue to award capital punishment as 227 people, including 3 women and 3 Christians, were sentenced to death in 2013. On December 5, 2013, the law ministry informed the HRCP that the government is maintaining a moratorium on the death penalty. However, the ministry added that it is not in favour of complete abolition of the death penalty in view of the prevalent law and order situation, particularly with reference to acts of terrorism. The ministry added that the death sentence under Hudood Laws also could not be abolished in view of Article 2-A and Article 227 of the Constitution. "The issue of death penalty is related to the Ministry of Interior and Narcotics Control and provincial governments. This ministry is obtaining their comments and a final response shall be given after receipt of comments from all stakeholders," the law ministry further said. The HRCP has also urged the government to take concrete steps towards ending the death penalty. (source: The Express Tribune) ************************* Keep the moratorium Considering that between 60 and 70 % of cases initiated in Pakistan are fabricated in whole or part, the possibility of there being a miscarriage of justice with irreversible, fatal consequences is unacceptably high. The problem with having a death penalty is that if a person is wrongly convicted of a capital crime and executed, there is no 'reboot' option. Dead is dead, and if the state kills in error, then that is no less murder than death at the hands of a common criminal. There are 8,526 people convicted of capital crimes in Pakistan, where there are 27 offences that are legally punishable with the ultimate sentence. Many of these offences are crimes that in many other countries of the world would never be considered as capital crimes. Drug smuggling, arms trading and sabotaging the railways are among the things that can attract a hanging sentence, along with blasphemy, rape and "assault on the modesty of a woman". Some of those on death row have been there for many years, their fate literally hanging in the balance. To hang or not to hang is deeply polarising for the people of Pakistan, with a section of the populace and judiciary in favour, and a vocal group of civil society activists and lawyers against. The matter has been on hold since 2008, when the then PPP government introduced an informal moratorium. That is being challenged this week when the apex court on October 1 takes up a petition filed by the Watan Party, which wants an explanation from the government as to why there is a delay in the executions of sentenced prisoners. On December 5, 2013, the government informed the Human Rights Commission of Pakistan (HRCP) that it intended to maintain the moratorium - which leaves the death penalty on the statute books and does nothing to resolve the impasse. Considering that between 60 and 70 % of cases initiated in Pakistan are fabricated in whole or part, the possibility of there being a miscarriage of justice with irreversible, fatal consequences is unacceptably high. Innocent people could be hanged and probably have been. With this in mind, we are committed not just to a continuation of the moratorium, but the removal of death as a sentencing option for the judiciary. (source: Editorial, Express Tribune) INDIA: Death Penalty to Mentally Challenged Man Quashed The Madurai bench of Madras High Court set aside the conviction by a lower court in a murder case involving a mentally ill person. R Maruthu, the accused in the case, had beaten to death 5 people, including 2 women, in 2009 in Melachivapuri village in Pudukottai district. Despite presenting evidence about his mental illness, a mahila court in Pudukottai, convicted him and imposed capital punishment citing reasons that he knew the consequence of his act and confessed to having killed the 5 persons. Setting aside the capital punishment and the conviction, the High Court Bench observed that the particular crime clearly came under the exemption provided by Section 84 of the IPC. There have also been instances where people have been punished or sent to asylums after being diagnosed with mental illness by incompetent authorities. Citing another example, K Chandru, retired Judge of Madras High Court, said a woman named Tamilarasi in Sivaganga was terminated from employment as a sweeper after being certified as a schizophrenia patient by a nondescript doctor. "I referred her to the Government Rajaji Hospital where she was kept under observation for 21 days after which the doctors certified that she has no mental illness," he added. He said that a fine was imposed on the Collector and he was directed to reinstate Tamilarasi in service. (source: The New Indian Express) ****************** 1 of Katara killers seeks leniency, says he can reform Vikas Yadav, 1 of the 3 convicts in the Nitish Katara murder case, today pleaded before the Delhi High Court that he be exempted from death penalty as his act was not so brutal or gruesome and there are chances of his reformation. "He (Vikas Yadav) is in jail from last 12 and half years, without being out from the prison for a single day. "His act was not so brutal or gruesome for which death penalty is the only remedy," a special bench of justices Gita Mittal and J R Midha was told by the counsel appearing for Vikas. Vikas, his cousin Vishal Yadav and Sukhdev are serving life term for abducting and killing Katara, a business executive and son of an IAS officer, on the intervening night of February 16-17, 2002. They did not approve of the victim's affair with Bharti, daughter of D P Yadav. Earlier, the victim's mother and Delhi Police, who had concluded their arguments, had demanded death for the trio terming their offence to be rarest of rare. The counsel for Vikas also said that the lenient view can be taken as there are all chances of his reformation. "There is a clear report of the probation officers, who have visited his house, neighbours and relatives that there is all likelihood of his reformation," the counsel argued. He further said that his client's case is not a honour killing. "In over 24 countries in Europe, there are provisions of death penalty but hardly any people there is awarded such kind of punishments. This practice is being adopted from decades," the counsel said, adding that the Supreme Court is also preferring to commute death sentences to life term. Delhi Police and Nitish's mother Neelam Katara are seeking capital punishment or an enhanced life sentence for Vikas, Vishal and Sukhdev. The high court had on April 2 upheld the verdict of the lower court in the case by describing the offence as "honour killing" stemming from a "deeply-entrenched belief" in caste system. Katara was abducted and killed by Vikas, Vishal and Sukhdev as they did not approve of the victim's affair with Bharti because they belong to different castes, the court had said. The high court had dismissed the appeals of the convicts and kept pending 2 separate pleas of the state and Neelam Katara seeking death penalty for them. The arguments will continue on October 9. (source: Economic Times) ******************* In India death comes without right to appeal On 26 September 2014, in its report "India: Death Without the Right to Appeal", Asian Centre for Human Rights stated that India was not complying with the "United Nations safeguards guaranteeing protection of the rights of those facing the death penalty" which provide that "anyone sentenced to death shall have the right to appeal to a court of higher jurisdiction, and steps should be taken to ensure that such appeals shall become mandatory." Many death row convicts are being denied the right to appeal to a court of higher jurisdiction with the Supreme Court setting aside acquittal by the High Courts and restoring death penalty imposed by the trial courts, and enhancing lesser sentences of life imprisonment awarded by the High Courts to death penalty. Further, with respect to offences under the Terrorists and Disruptive Activities (Prevention) Act the Supreme Court being the appellate court against the orders of the designated TADA courts, the convicts under the TADA are denied the right to appeal before the High Courts as available to those convicted under the Indian Penal Code offences. Even a Curative Petition filed before the Supreme Court after dismissal of a Review Petition cannot be considered as an appeal to a court of higher jurisdiction as provided under "the United Nations safeguards guaranteeing protection of the rights of those facing the death penalty" because of its very restrictive scope. A curative petition is an exception and can be filed only if a Senior Advocate certifies that it meets the requirements of filing curative petition stipulated by the Supreme Court. (source: radicalparty.org) GLOBAL: Hands Off Cain's 2014 Report in Venice Today, at 12.30, the 2014 Report on the Death Penalty in the World by Hands Off Cain (HoC) will be presented at the Veneto Regional Council by the President of the Regional Council Clodovalso Ruffato, the President of the Mixed Group at the Regional Council Diego Bottacin, Father Guido Bertagna, HoC Secretary Sergio D'Elia and HoC Treasurer Elisabetta Zamparutti. The event is open to the public. The report, published by Reality Book, provides an account of the most important facts related to the practice of the death penalty in 2013 and the first 6 months of 2014. During the presentation we will also illustrate the objectives of the HoC campaign for the abolition and the moratorium on the use of the death penalty in Africa and the proposals to strengthen the new Resolution on the Universal Moratorium, which will be voted by the UN General Assembly in December 2014. The Hands Off Cain Abolitionist of the Year Award 2014, to recognize the personality who has been committed more than any other to abolition, has been awarded to the President of Benin Boni Yayi. (source: radicalparty.org) LIBYA: Judge Charges Man Arrested in Tripoli with Belonging to Terror Cell Government Commissioner to the Military Court Judge Saqr Saqr charged on Wednesday Mohammed al-Ayyoubi with belonging to a terrorist cell with the aim of carrying out terror acts a day after the Army Intelligence wrapped up investigations with him. Saqr referred Ayyoubi to First Military Investigation Judge Riyad Abu Ghida, the state-run National News Agency reported. The charges could lead to the death penalty. On Thursday, the army said in a communique that Ayyoubi was referred to the competent judicial authorities. He was arrested on September 25, 2014 in the northern city of Tripoli. The statement revealed that the cell that Ayyoubi belongs to was "plotting to undermine civil peace and attack security forces." Ayyoubi, according to the army communique, had traveled to Syria and pledged allegiance to a terrorist organization there only to later form a network in Lebanon set to carry out specific missions. He was also seeking to fund his activities through foreign channels. Media reports have recently accused an armed group operating in Tripoli's Bab al-Tabbaneh of pledging allegiance to the Islamic State and al-Nusra Front extremist groups, but the gunmen denied that. The same group is also accused of being behind several attacks on the army in the city. (source: Neharnet.com) From rhalperi at smu.edu Thu Oct 2 12:13:39 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 2 Oct 2014 12:13:39 -0500 Subject: [Deathpenalty] death penalty news----OKLA., ARIZ., NEV., USA Message-ID: Oct. 2 OKLAHOMA: D.A. in Oklahoma to seek death penalty in beheading case A district attorney in Oklahoma says he will seek the death penalty in a case of a man who beheaded a coworker. Greg Mashburn, district attorney for Cleveland County, Okla., said Wednesday that he met with family members of the victim, 54-year-old Colleen Hufford of Moore, Okla., and made the determination after that, according to The Oklahoman. The family felt the death penalty was appropriate, Mashburn said. Alton Alexander Nolen, 30, is charged with attacking Hufford with a knife on the job at Vaughan Foods in Moore, Okla., on Sept. 25 and attempting to behead another coworker, 43-year-old Traci Johnson of Oklahoma City, after he was suspended for making racial remarks on the job at the food distribution company. Nolen also is charged with threatening Mark Vaughan, the company's CEO. Nolen became angered after Johnson, who is white, complained of a race-related altercation with Nolen, who is black, The Oklahoman reports. He allegedly brought a knife from home to carry out the attacks. Vaughan shot Nolen during the incident. Hufford's family released a statement to the public Wednesday saying her violent death "adds a depth of grief we are trying to understand," News 9 reported. Hufford's funeral is scheduled for Friday in Moore, Okla. Nolen is charged with 1st-degree murder, assault and battery with a deadly weapon. (source: USA Today) ************************* Less media, more sedatives: Oklahoma reviews capital punishment protocols after botched execution Oklahoma announced that more sedatives and less media, among other measures, are part of the state's new protocol for capital punishment after a botched execution in April left an inmate writhing in pain before dying 43 minutes after a lethal injection. The state revealed Tuesday that it will increase the amount of midazolam it employs during executions. Prison officials said the use of the controversial sedative can be as much as five times the amount used to kill Clayton Lockett in April. Oklahoma will also demand more training of prison staff and members of execution squads while outlining contingency plans in case of equipment malfunction or a problem with an inmate's medical condition. The state will also reduce the number of media witnesses allowed at executions from 12 to 5. Robert Patton, the director of the Oklahoma Department of Corrections, would not comment to AP on the new guidelines based on litigation over Lockett's death. 21 death row inmates sued the Department after Lockett's bungled execution. Lockett died after doctors burst a vein in his body administering a controversial cocktail of drugs. As RT reported in April, the drugs leaked out of his vein as a result, and an unknown amount was absorbed into his body. Although lethal injections typically take about 10 minutes or so to kill an individual, Lockett's procedure lasted for 43 minutes, during which he reportedly writhed, groaned, and clenched his teeth before officials closed the blinds from witnesses' view. The incident triggered an investigation, ordered by Gov. Mary Fallin. The new protocols are the result of that probe, which ultimately blamed the excruciating manner in which Lockett died on a misplaced intravenous line in his groin, and on a decision by the warden to obscure view of the IV site with a sheet. Yet the supposed solutions that have come from the investigation are not enough, according Dale Baich, assistant federal public defender who is representing the inmates that sued the Department of Corrections. "We still do not know what went wrong with Mr Lockett's execution," Baich said. "Discovery and fact-finding by the federal courts will address those issues," he added. Baich also said the new media provision "reduces public accountability and makes the process less transparent." Oklahoma is one of many states - including Florida, Missouri, Arizona, Ohio, and Texas - that have turned to secretive sources, often compounding pharmacies, to supply execution 'cocktails' using unproven drugs to carry out capital punishments. These actions were the result of the European Union's ban - in place over moral objections to capital punishment - against its pharmaceutical companies selling to US state correctional departments drugs that could be used in lethal injections. Yet, compounding pharmacies do not produce their drugs under regulations enforced by the Food and Drug Administration, causing many to question just how safe they are and further calling into question how humane or ethical the death penalty can be considered. Outside of Oklahoma, many inmates and media outlets have sued to force states to disclose exactly what drugs will be used for lethal injections, as well as their source, but these efforts have generally failed in court. Midazolam is a sedative often given to patients before surgery, and is used in executions as a piece of a 3- or 2-drug cocktail. While a normal medical dose is 5 milligrams, Oklahoma was administering 100 milligrams for lethal injections. The new protocol will use a recommended 500 milligrams for executions, the same amount used in Florida. "The prisoners still do not have access to information about the source of the drugs, the qualifications of the executioners, or how the state came up with the different drug combinations," Baich said of Oklahoma's revised procedures. 3 Oklahoma inmates are set to be executed this fall. Charles Warner, who was supposed to die the same night as Lockett, is scheduled for Nov. 13. Richard Glossip and John Marion Grant are due for execution on Nov. 20 and Dec. 4, respectively. In early September, a federal judge urged the state to come to a conclusion regarding its investigation of lethal injection procedures prior to the trio of executions this fall. In multiple cases this year, executions using the secretive drug cocktails have gone wrong, with inmates subjected to long, painful procedures that critics say violated their right to be protected from cruel and unusual punishment. In Ohio, death row inmate Dennis McGuire took more than 20 minutesto die after drugs were administered, during which he reportedly made choking sounds and gasped for air. US President Barack Obama called Lockett's botched execution "deeply disturbing" and called for a review of death penalty procedures in the United States. (source: rt.com) ARIZONA: Jodi Arias Trial Update: Jury Selection Resumes After Dozens Admit They Could Not be Impartial Jury selection in the penalty phase of the Jodi Arias trial resumed on Wednesday as prosecutors continue to fight to sentence the convicted killer to death. Arias was convicted of the first-degree murder of her ex-boyfriend Travis Alexander in May 2013. According to medical examiners, Arias stabbed him 27 times, primarily in the back, torso and heart in his Phoenix home in 2008. She also slit Alexander's throat from ear to ear, nearly decapitating him, and shot him in the face before she dragged his bloodied corpse to the shower. Although the aspiring photographer was found guilty in the case, the jurors failed to reach a unanimous decision on her sentencing. As a result, she began a retrial on Monday to determine whether she should be sentenced to death, life in prison or life with a chance of release after serving 25 years. On Monday, Arias' legal reps started the jury selection process by serving 300 potential jurors with a questionnaire about their beliefs and availability. However, about one third of the prospective jurors were dismissed after admitting that they watched media coverage during her 1st trial, and therefore, they could not be impartial in deciding her sentence, according to the Arizona Republic. Others were dismissed after they stated that they had work conflicts or were reluctant to stop consuming the news for the duration of the trial. A few also told the judge that they didn't speak English. By the end of the day, only 133 remained, reports the AZ Central. 100 more people from the jury pool will be questioned on Wednesday. By Oct. 20, 12 jurors and 4 or 6 alternates will have been selected. The jury selection is expected to take about 3 weeks, while the actual trial may last from 6 to 8 weeks, reports USA Today. (source: latinpost.com) ******************* Arias' attorneys want death penalty off the table The attorneys for Jodi Arias have filed a motion to dismiss the death penalty from consideration in her sentencing re-trial. Defense attorneys claim that there's been a long history of misconduct by the prospector and law enforcement officials that dates back to the original murder trial last year. Allegations of withholding evidence, harassing witnesses, and unnecessary searches of Arias' jail cell, are part of the motion. The judge is taking the motion under advisement, while the search goes on to find an impartial jury that can fairly decide whether Arias should be put to death or given life in prison for the 2008 murder of her boyfriend Travis Alexander. "I don't think she's going to get a fair trial in Arizona," said dismissed juror Janice Beaver. "Is there anybody in Arizona that hasn't seen this trial?" During Wednesday's jury selection process, potential jurors were asked: "Have you ever seen, heard or read about this case in the media?" "Can you decide this case only on the evidence presented in the courtroom?" "Can you set aside what you've seen or read?" 400 potential jurors have been brought in to court this week, with 224 of them sent home for an assortment of reasons. Barbara Patterson, of Surprise, is one of the many potential jurors dismissed from the Arias case because they've already formed an opinion about her, and don't believe they can be fair and impartial. "She should be on death row right now, not sitting and waiting 400 people's time to do this all over again," said Patterson. Dismissed juror Whitney McGinn said, "If you do that to somebody and their family, and put them through that much hurt, absolutely she deserves what she did to him." "I've seen to much of this case," said dismissed juror Barbara Bowers. "I don't think it's right we have to come back for the penalty phase that should have been decided when the original verdict came down." The jurors who survived the 1st round of cuts will be back in court on Monday for another round of questions. Attorneys on the case, will appear at a hearing Thursday morning, possibly to hear the judge's ruling on the motion to throw out the death penalty. (source: KPHO news) NEVADA: Prison escape plan cited in fatal Vegas crash case An investigator told a judge Wednesday that a self-described pimp already serving prison time for rape and robbery bribed a guard to get cellphones behind bars as part of a plot to escape before his death penalty trial in a fatal Las Vegas Strip shooting and fiery crash. (source: Associated Press) USA: >From death row to life A federal death row inmate who gained national attention for legally challenging the protocol used in executions has been re-sentenced to life without parole. David Paul Hammer, 55, now has a life sentence and remains incarcerated at the U.S. Penitentiary at Terre Haute, according to the Federal Bureau of Prisons website. Hammer was sentenced to death in 1998 for the 1996 murder of his cellmate in a federal prison. He appealed that death sentence, and filed a lawsuit challenging the constitutionality of execution protocol. He also filed a complaint against federal officials in April 2001 concerning restrictions to media access to an inmate prior to an execution. Hammer's death sentence was eventually overturned by a federal district court judge because the prosecution had withheld statements that might have led to a different sentence. Hammer had been scheduled to die by lethal injection on at least three dates before he was re-sentenced to life without the possibility of parole. He is considered a Providence Associate with the Sisters of Providence at Saint Mary-of-the-Woods, and he has contact with anti-death penalty advocates who plan protests and vigils in hopes of eliminating the death penalty. Hammer's new penalty of life in prison was affirmed in July, then again in August by Judge Joel H. Slomsky in the U.S. District Court for the Middle District of Pennsylvania. More than 1,700 documents have been filed by Hammer and the court since his indictment in September 1996. The most recent order filed last week by Judge Joel H. Slomsky concerns briefs to be filed by the defendant and government on whether Hammer has the right to file yet another appeal in the case. (source: Terre Haute Tribune-Star) ******************* Watts appears in court: Trial date set for Jan. 12 A man accused of fatally stabbing 2 Southern Illinois bank workers and critically wounding a 3rd during a botched robbery appeared in court on Wednesday. James Watts, 30, has pleaded not guilty to charges of attempted armed bank robbery resulting in death and 1 count of being a felon in possession of a firearm in connection with the May 15 holdup at the First National Bank branch in Cairo. A trial date has been set for Jan. 12. The United State's Attorney's office and Watts' attorneys debated in court over uncensored documents in the case. The defense is arguing it should have to the ability to view such documents on their own terms, rather than at the will of the U.S. Attorney's office. The documents are only available at the U.S. Attorney's office as of Wednesday morning. U.S. District Judge J. Phil Gilbert did not make a decision about granting the defense to view the documents, but said he would look at the setup of the situation before making a determination. Authorities allege Watts was armed with a gun and wearing a hooded sweatshirt when he confronted 3 female employees as they emerged from the bank after closing. Watts had been released from prison 2 weeks earlier. The FBI said the suspect forced the women back inside, but because the bank was closed, he was unable to get any money. He took the women into an employee lounge and cut each woman's throat, stabbing 1 woman more than 50 times. Killed were Anita Grace, 52, of Olive Branch, and Nita Jo Smith, 52, of Wickliffe, Kentucky. A 23-year-old woman survived. Watts was later seen on surveillance video leaving the bank in one of the employee's cars. He was arrested after a chase and standoff later that night, and initially jailed on a charge of a felon in possession of a firearm. A federal grand jury later indicted him on that charge and the additional charge of attempted armed bank robbery resulting in death. Watts could face the death penalty if convicted on the count of attempted armed bank robbery resulting in death. Prosecutors said a decision on whether to seek the death penalty would come only after a comprehensive review and could not give an estimated date for the decision. Assistant U.S. Attorney's James Cutchin and George Norwood are prosecuting the case, while John O'Gara from Belleville and Melissa Day from the Federal Public Defender's Office in Benton is defending Watts. (source: The Southern Illinoisan) ************************ Supreme Court Justice Antonin Scalia delivers Stevens lecture at Macky Auditorium Supreme Court Associate Justice Antonin Scalia delivered a passionate plea for constitutional originalism, dismissing the idea of the "living Constitution," during the 4th annual John Paul Stevens lecture on constitutional law Wednesday. The Byron White Center for constitutional law at the CU Law School had organized the event. Crowds gathered outside Macky Auditorium as early as 4:30 p.m., even though Scalia wasn't due to speak until 5:30 p.m. Scalia opened remarking he was honored to deliver the lecture even though John Paul Stevens would probably disagree with what Scalia was about to say. Scalia came out staunchly against the concept of the "living Constitution," as in an evolving body, saying the Constitution shouldn't be reinterpreted, rather changed through laws. "Normal people, when they read a text, they try to understand what it meant when it was written," Scalia said. "The Constitution is not an organism. It's a law. It's a super law." The associate justice repeatedly named the death penalty as something that isn't banned by the Constitution. But, he said, advocates of the "living Constitution" think it ought to be, consequently changing their interpretation of the Constitution to fit that opinion. "What the American people voted for does not change," Scalia said. "A felony used to be a crime punishable by death. That's why we have Western movies." Scalia said the living Constitution will give people more rights, but it will also take away some. "Don't think it's a 1-way street," the Supreme Court associate justice said. He added the living Constitution is especially seductive for judges. "How wonderful it is to never, never make a ruling on the Constitution that you personally disagree with," Scalia said. If the court continued to promote the living Constitution, he said, "at the end of the road is the destruction of democratic self-government." And: "When you appoint people based on what they think the Constitution ought to be, you've destroyed the Constitution." Scalia said he thinks the living Constitution advocates will eventually win, but he will keep fighting until the bitter end. "I feel like Frodo in (Lord of the Rings) and I'm going to get clobbered at the end," Scalia said and added his job is to interpret text, not to decide rights issues, or decide the intent of the lawmakers. But when there is no textual evidence for either side of an argument, Scalia said, "You have to take your best shot. Originalists can have fun too." Scalia captivated the audience during his lecture with a mix of dry humor and bombastic outbursts. "I thought he was phenomenal," said CU 1st-year law student Nick Trevino. "The guy can definitely grab the attention of a room." Scalia is the 3rd Supreme Court justice or former justice to deliver the Stevens lecture at CU in the last 3 years. Sandra Day O'Connor spoke last year and Ruth Bader Ginsburg the year before. (source: Colorado University Independent) ******************** Moving killer Gary Lee Sampson to Ind. could top $120,000 An attorney for the U.S. Marshals Service informed a federal judge in Boston today it will cost taxpayers more than $120,240 to grant homesick spree killer Gary Lee Sampson's request to return to death row in Terre Haute, Ind. from a North Carolina hoosegow, only to have to be flown back to Boston to be retried to face the death penalty. The Herald reported in August Sampson, 55, of Abington, had been moved to the federal prison in Butner, N.C., from death row in Terre Haute in preparation for his second sentencing trial in 11 years in February. USMS Associate General Counsel Eugene Kim told U.S. District Court Judge Mark L. Wolf in an affidavit his math is based on Sampson being transported privately on a Hawker jet at $10,277 an hour. Kim explained the Hawker, which is hangared in Oklahoma, is "used by the USMS for time-sensitive prisoner movements." Sampson, who is fighting for his life, previously pleaded guilty to the week-long rampage in 2001 when, after the FBI dropped his phone call, allegedly attempting to turn himself in on warrants, he carjacked and murdered Philip McCloskey, 69, of Taunton and George Washington University student Jonathan Rizzo, 19, of Kingston, then drove Rizzo's car to Lake Winnipesaukee in New Hampshire, where he killed Robert Whitney, 58, of Concord in a cottage. A jury sentenced Sampson to die for his crimes in 2003; however, after nearly a decade on death row, Wolf vacated the verdict when a new investigation determined 1 of the jurors lied about her family's criminal history during her selection process. (source: Boston Herald) From rhalperi at smu.edu Fri Oct 3 11:21:36 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 3 Oct 2014 11:21:36 -0500 Subject: [Deathpenalty] death penalty news----OKLA., COLO., NEV., CALIF., USA Message-ID: Oct. 3 OKLAHOMA: Oklahoma's Response to Botched Execution: Hide the Next One from the Public It's a dark day for Oklahoma. That metaphor is particularly apt this week, as the Sooner State just redoubled its commitment to keeping capital punishment in the shadows by hiding its lethal injection process from public view and oversight. 5 months after Clayton Lockett's horrifically botched execution and the state's promise to investigate and improve its execution process, the government responded yesterday with a brand-new "execution policy" that only makes it more difficult for the public to know anything about how the government is carrying out the ultimate punishment. No need to read between the lines - the state has listed explicit measures to deepen the mystery surrounding lethal injection and keep the public at bay. The policy slashes the number of media witnesses allowed to attend an execution from 12 to 5, and it expressly reserves the right to regulate their access on the fly. Even crazier, the policy gives the state the power to close the execution viewing curtain on a whim, and to remove witnesses - as state officials see fit. "The government took a process already corrupted by secrecy and made it even more difficult for the public to know anything about it," said my colleague Ryan Kiesel at the ACLU of Oklahoma. That's exactly right - and it's a shameful truth that gives the lie to the state's continual references to the ideals of transparency. We remember how the state responded to Lockett's botched execution on April 29 - with more secrecy. The new execution policy, and its reduction of public oversight, will only increase the likelihood of more cruel and unusual deaths at the hands of the state. That day, state employees began the execution by repeatedly attempting to insert intravenous lines into Lockett's body. According to the state-commissioned autopsy report, they punctured Lockett in his arms, legs, feet, and neck more than 15 times before settling on a vein in his groin. On its own, that qualifies as barbaric and cruel. But it got worse. The physician supervising the process announced that Lockett was unconscious and ready to be injected with the two lethal drugs that would actually kill him. Unfortunately, these drugs cause excruciating pain if the recipient is conscious - and Lockett was. Witnesses reported that he began displaying obvious distress: twitching and mumbling. Prison staff reacted by immediately shutting out the press by closing the shade that provided witnesses with a view of Lockett. 20 minutes later, the execution was "called off," and 10 minutes thereafter Lockett died, his last moments seen by no one except state officials. It is sad and wrong that in response to evidence that Lockett's lethal injection was cruel and unusual, Oklahoma literally cloaked its execution process in secrecy. Unfortunately, it's now clear that response wasn't an aberration. Joining with the ACLU of Oklahoma, we filed a lawsuit on behalf of reporter Katie Fretland and 2 news organizations, The Guardian and The Oklahoma Observer. We argued that under the First Amendment, the state of Oklahoma was prohibited from providing only this form of censored access to executions, showing just the noncontroversial parts. The Constitution, and Oklahomans, deserve better. In September, the state filed a brief in our case, fiercely defending its right to shroud the death penalty in total secrecy. The state (really) made the following breathtaking statement in its filing with the court: "press or public access to executions does not play any particularly positive role." Wow. Well, we can think of some good that came out of the Lockett witnesses' presence. For example, how about the fact that the state's official timeline of the execution makes no mention of Lockett's consciousness during the lethal injection procedure? That inconvenient truth emerged only from reporters - who were, fortunately, able to share what they observed before the state scrambled to lock down the botched process. But according to the state, we should just trust that it's telling the truth - and killing people humanely - based solely on its own reports. The state's brief attracted the media's attention, and for a moment it seemed that the state attorney general was backing away from his own office's filing in the case. He told reporters: "Media involvement [in executions] is important for many reasons, not just constitutional, but to make sure the public is fully informed." But that nod to transparency was short-lived, and it certainly didn't make it into any official documents or legal filings. On the contrary: Yesterday the state, unbelievably, doubled down. It is shocking that the state would respond to a seriously flawed execution by making future executions less transparent and less accessible. But Oklahoma has made it perfectly clear it would like to exercise its greatest power - ending a human life - without the pesky oversight of the taxpaying public. (source: ACLU) ************************** Death penalty likely in Oklahoma beheading The chief prosecutor said it is "highly likely" he will seek the death penalty for the Oklahoma man accused of beheading a woman co-worker and slashing another with a large knife in a gruesome attack at a food processing plant in Norman last week. District Attorney Greg Mashburn said Wednesday he wants to confer with the murder victim's family before making a final decision, but he intends to prosecute the case to the fullest so the accused is held accountable. Mashburn also said the initial FBI investigation into the background of the assailant turned up no ties to extremist Muslin groups that advocate beheadings - such as those carried out recently in the Middle East - even though he was heard shouting Islamic phrases during the stabbing. The motive, Mashburn said, appeared to be his confrontation with co-workers over his efforts to convert them to the Muslim faith and his firing based on their complaints. "There was some sort of infatuation with beheadings," Mashburn said. "It seemed to be related to his interest in killing someone that way." Alton Alexander Nolen, 30, has been charged with first-degree murder, attempted murder and assault with a deadly weapon in the knife-wielding attack on the 2 women co-workers at the Vaughan Foods plant in the Oklahoma City suburb of Moore. The company's chief operating office, who is also a reserve deputy sheriff, stopped the savagery with 2 rifle shots to the assailant's body. Nolen was transferred from the Oklahoma City Hospital, where he was treated for his bullet wounds, to the Cleveland County Jail in Norman Wednesday morning. The district attorney said Nolen would be arraigned on the charges promptly. Colleen Hufford, 54, who worked in the plant's administration office, was stabbed to death and beheaded in the attack. She was described by friends as a shy person who always wore a smile and loved sports, especially hockey. Traci Johnson, 43, was stabbed and slashed in the face and neck. She worked on the plant floor with Nolen, processing vegetables for shipment throughout the country. (source: CNN) ************************************* Prosecutor to seek death penalty in Oklahoma beheading case An Oklahoma prosecutor said Wednesday he will seek the execution of a man accused of beheading a co-worker in a fit of rage after being suspended from his job at a food processing plant. Alton Nolen, 30, was ordered held without bond during a video arraignment Wednesday from the Cleveland County jail. He's been charged with 1st-degree murder in the death of Colleen Hufford, 54, and with 2 counts of assault. Prosecutors said Nolen was stabbing a 2nd employee when he was shot by a plant manager who stopped the attack last Thursday at the Vaughan Foods plant in the Oklahoma City suburb of Moore. After Nolen's arraignment, Cleveland County District Attorney Greg Mashburn told the Associated Press he made the decision to seek the death penalty after meeting with the victim's family. (source: spokesman.com) COLORADO: Beauprez, Hickenlooper spar and jab over death penalty In their 3rd debate, this time at Pueblo's Memorial Hall, the 2 candidates tried to stick to their themes. For Hickenlooper, that means insisting that Colorado's economy is rapidly improving despite suffering wildfires and floods during his 1st term. For Beauprez, it's linking Hickenlooper to President Barack Obama and accusing the governor of failing to be a leader. Beauprez also has gone after Hickenlooper for granting a reprieve from execution to inmate Nathan Dunlap, who was convicted of robbing and killing employees at an Aurora pizza shop. Hickenlooper supported the death penalty in his 2010 campaign. "There is a legitimate question about whether government should take a life," he answered, saying he'd changed his mind about executing Dunlap after learning the man was bipolar. Hickenlooper said no other "civilized" nation has the death penalty. Giving Dunlap a reprieve, meaning a temporary stay of execution, meant the public could "have that conversation." Beauprez answered that if Hickenlooper believed the death penalty was immoral, he should have given Dunlap clemency, not a temporary reprieve that a future governor could revoke. "It's a much more difficult decision than you think," Hickenlooper replied. Beauprez said that if elected, he would carry out Dunlap's execution. There only was a smattering of applause. (source: Pueblo Chieftain) NEVADA: Former death-row inmate takes plea deal following appeal An Elko man, who was on death row for more than a decade, will soon be eligible to go before a parole board, having pleaded guilty Tuesday to a lesser offense of 2nd-degree murder. In 2000, former-Carlin resident Kelly Rhyne was convicted of first-degree murder for beating to death Donald "Lobo" Brown and stuffing his body in an alleyway dumpster. In the punishment phase, a jury sentenced him to death. But after years of appealing, the Nevada Supreme Court remanded his case back to district court in January. Among the arguments, appellate lawyers claimed Rhyne's previous attorneys were ineffective. The appeal also stated Rhyne suffered from schizophrenia and organic brain disorder at the time. His court appearances were peppered with strange behavior, including mumbled remarks during trial testimony and arguments with his attorneys during motion hearings. During a hearing leading up to his trial, Rhyne insisted on showing the judge and district attorney his stitched up scrotum to prove that he needed a few days to heal. "The records ... demonstrate that trial counsel had no real experience in preparing and presenting mental health testimony," a court document filed by Rhyne's appellate counsel states. "Counsel failed to provide their experts with appropriate records and information to support their testimony." Eventually, the case was sent back to district court and a re-trial was penciled to begin last summer. Rhyne opted to take a plea deal, copping to 2nd-degree murder. In the agreement, prosecutors and the defense will recommend the judge sentence Rhyne to serve life in prison with the possibility of parole beginning after 10 years. Under state law, a judge has 2 options for 2nd-degree murder sentences: life or 25 years in prison. In either case, parole eligibility begins after 10 years served. His sentencing hearing, at which Senior Judge Norman Robison will preside, has not been scheduled. On Oct. 31, 1998, Rhyne met with a local mine employee, James Mendenhall, at the Miner's Camp bar in downtown Elko. Brown was inside as well. While there, a witness overheard Rhyne tell Mendenhall that he "hate[d] that f---ing guy." Mendenhall responded: "Don't do anything in here. We'll wait until he gets outside." The 2 men eventually left, as did the victim. The next morning, a hotel employee told police 2 people had lifted a body into a dumpster near Third and Silver streets. The body belonged to Brown; his head had been crushed. Authorities found the victim's DNA in blood that stained Mendenhall's clothes and boots. Small amounts of Brown's blood was on Rhyne's pants, jacket and a ring, too. Police quickly arrested both men. The district attorney, Gary Woodbury, filed murder and conspiracy charges, and sought the death penalty. As the case progressed, prosecutors offered Mendenhall a plea deal to avoid trial and the possibility of a death sentence, which he accepted. Per the agreement Mendenhall offered a written account of the crime. He was not obligated to testify against Rhyne, however he chose to. Trial began March 15, 2000, and prosecutors argued that Rhyne - with Mendenhall's help - kicked and stomped to death the victim. Both suspects pointed the finger at the other. Mendenhall, who pleaded no contest to his charges, maintained he was approached by Rhyne that night, who demanded he help him dump Brown's body or else risk finding himself next to the victim. Rhyne prepared to call to the stand a former cellmate of Mendenhall's, who proposed to testify that Mendenhall had boasted that he killed Brown by himself. After hearing the evidence, a jury returned a guilty verdict to 1st-degree murder and conspiracy to commit murder. Mendenhall was sentenced to life in prison with parole after 10 years and to a consecutive 22-month to 8-year term. He was scheduled to go before a parole board earlier this year. The Nevada Department of Corrections did not immediately respond to questions about the status of his incarceration. (source: Elko Daily Free Press) *********************** Death penalty upheld in 2006 Vegas murder A former California schoolteacher sentenced to death by a jury in 2010 for killing his wife in a Las Vegas hotel room had his conviction and sentence upheld Thursday by the Nevada Supreme Court. The 5-2 ruling found that there were no errors that would require a new trial or penalty hearing for John Matthus Watson III for the murder of his wife, Evie Watson, in July 2006. Her body has never been recovered, but Evie Watson's DNA was found in a shower drain at the Tuscany, in a room she was not supposed to be in as the room he rented for them was at Circus Circus. Prosecutors said at his 2010 trial that Watson rented the room at the Tuscany with false identification. It was there that Watson shot his wife and then cut her up with a band saw, according to evidence presented to the jury. In letters written from jail, Watson admitted to cooking and eating part of the body. Watson lured his wife to Las Vegas ostensibly to celebrate her 50th birthday. In reality, he had been plotting her murder for more than a month because she was going to leave him and he didn't want to have to give her 1/2 of the family assets, prosecutors said at his trial. Justices Michael Cherry and Nancy Saitta dissented in part from the majority, saying Clark County District Judge Kathy Hardcastle erred by improperly defining mitigating circumstances to the jury that could have resulted in a lesser penalty. As a result, the 2 justices said the error affected Watson's substantial rights and that he should receive a new penalty hearing. The dissent noted that Watson presented documentation showing that he had suffered from mental illness and had received psychiatric treatment but the jury found no mitigating circumstances present. The 2 justices said the jury might not have considered it as evidence favorable to Watson because of the erroneous jury instruction. The court majority argued the claim regarding the jury instruction did not warrant relief. (source: Las Vegas Review-Journal) CALIFORNIA: Will DA Paul Zellerbach testify in Pinyon Pines case? Prosecutors are expected make their arguments Friday about why Riverside County District Attorney Paul Zellerbach shouldn't testify during a hearing for 2 men accused of committing a 2006 triple homicide. A defense attorney subpoenaed Zellerbach in an attempt to have charges dropped against Robert Pape. Pape and Cristin Smith are accused of killing Jon Hayward, Vicki Friedli and her 18-year-old daughter, Rebecca Friedli. They were found dead Sept. 17, 2006, in Pinyon Pines. District Attorney's office spokesman John Hall said Thursday that he would not comment. In a notice for dismissal filed Sept. 10 - before a judge's initial ruling that Zellerbach must testify - district attorney officials said a subpoena may be quashed if there's no proof that a witness will provide relevant testimony. They argued that a "highly placed public official should not be required to respond to a personal subpoena in his official capacity in the absence of compelling evidence." "At a minimum, (the) defendant should be required to explain why he issued the subpoena to DA Zellerbach to testify and how any testimony by DA Zellerbach would even remotely relate to the grounds asserted for his motion to set aside the indictment," officials said in the notice. In a motion for opposition filed Sept. 26, Pape's attorney, Richard Blumenfeld, countered that the attempt to prevent Zellerbach's testimony is "made in bad faith and without substantial justification." "It is ludicrous to suggest, as do the people, that in this or any other case in which his name is prominently displayed in every pleading filed on behalf of the people over the signatures of his deputies, that he is somehow beyond the jurisdiction of the court," Blumenfeld said in his motion. In a notice to dismiss charges, Blumenfeld said the prosecution's case is "entirely circumstantial and paper thin, and rests in no small part upon assumptions and suppositions as to means, motive and opportunity which do not withstand scrutiny when measured against the objective facts." He added the investigation was "aborted within a year or so of the homicides and shelved until shortly before the grand jury was convened earlier this year, whereupon an indictment was sought against Mr. Pape on the same state of the evidence previously rejected by the district attorney." Pape and Smith were arrested in March. Zellerbach's critics - including the Riverside Sheriffs' Association - accused him of using the arrests as leverage for his campaign for a second term in office. Zellerbach denied the accusations. He lost the June election to Deputy District Attorney Mike Hestrin. Rebecca Friedli's body was found in a wheelbarrow about 70 feet north of the home, but her cause of death hasn't been determined because she was badly burned. Officials found Vicki Friedli and Hayward inside the charred home. They had been shot. Evidence presented by the prosecution included shoe prints found at the scene and the suspects' lack of phone activity during the time of the killings. The shoe prints came from a pair of Vans shoes - a brand investigators found at at least 1 of the suspects' homes - and prosecutors have argued the suspects had no phone activity because they were in Pinyon Pines, a mountain community with little to no phone reception. Prosecutors said Becky Friedli invited Pape and Smith to go hiking the day of the killings and they had reason to be in Pinyon Pines. Smith and Pape were arrested March 11. Pape could be eligible for the death penalty if convicted because he was an adult at the time of the killings. Smith - 17 at the time of the slayings - faces life in prison without the possibility of parole if found guilty. Pape and Smith are being held without bail at the Robert Presley Detention Center in Riverside. Smith's request to dismiss the charges was denied earlier this year. (source: The Desert Sun) USA: Sanders gets death penalty in homicide A federal jury in Alexandria returned a verdict Sept. 26 imposing the death penalty on a Las Vegas, Nevada, man for the kidnap and murder of a 12-year-old-girl, according to U.S. Attorney Stephanie Finley. The federal jury decided that Thomas Sanders, 57, should be put to death for the brutal kidnapping and murder of Lexis Roberts in the fall of 2010. During the penalty phase of the trial, the jury heard from a total of 18 witnesses called by the United States and by the defense. The jury determined that a sentence of death was appropriate for Sanders after deliberating for approximately 7 hours. United States District Judge Dee D. Drell presided over the trial. This case represents the first time that the death penalty has been imposed in federal court in the Western District of Louisiana. The penalty phase of the trial began on September 16, 2014, after the same jury found Sanders guilty of one count of kidnapping resulting in death and 1 count of using a firearm during a crime of violence resulting in death. Jury selection lasted 8 days. Then the guilt phase began on Wednesday, September 3, and ended on Monday, September 8. The jury returned a guilty verdict after deliberating for about an hour. During the penalty phase, jurors were asked to decide whether Sanders should be executed or spend the rest of his life in prison. Evidence admitted during trial established that Sanders met Suellen Roberts, 31, in the summer of 2010 when Roberts rented a storage unit at a warehouse in Las Vegas where Sanders worked. Roberts and Sanders began dating, and approximately 2 months later Roberts agreed that she and her 12-year-old daughter, Lexis, would go on a trip with Sanders over the Labor Day weekend to a wildlife park near the Grand Canyon. As they were returning to Nevada after 3 days of traveling, Sanders pulled off Interstate 40 in a remote location in the Arizona desert and fatally shot Suellen Roberts in the head and forced Lexis Roberts into the car, keeping her captive. Sanders drove several days across the country before he murdered Lexis Roberts in a wooded area in Catahoula Parish, Louisiana. Evidence at trial established that Sanders shot Lexis Roberts four times, cut her throat, and left her body in the woods where a hunter found her body on October 8, 2010. A nation-wide manhunt ensued and Sanders was arrested on November 14, 2010, at a truck stop in Gulfport, Mississippi, by FBI agents and a Harrison County Sheriff's Deputy. During the guilt phase of the trial, jurors heard from 16 witnesses who described Suellen Roberts' relationship with Sanders, the sequence of events that led up to the murder, and how law enforcement established Sanders as the killer. Jurors also heard a recorded confession from Sanders in which Sanders admitted killing the mother and daughter. Evidence considered by the jury established that Sanders shot Lexis Roberts 4 times, cut her throat, and left her body in the woods. A forensic analysis determined that Sanders slashed Lexis Roberts' throat with such force and violence that the knife left cut marks on her cervical vertebra. Members of Roberts' family testified at trial, including her grandmother, grandfather, and great-aunt. Testimony from family members shared with the jurors that Lexis was vulnerable and explained the devastating impact that the crime has had on their family. Her great-aunt testified that Lexis vacationed at her New Hampshire home every summer, with the most recent trip just weeks before Lexis was kidnapped and murdered by Sanders. Her aunt testified that during Lexis' last trip to New Hampshire, she encouraged Lexis to write in 2 journals. Pages from the journals were introduced during the penalty phase and were considered by the jury. The journals helped establish that Lexis was trusting, and in 1 journal she wrote that she believed that nothing bad would ever happen to her. Lexis Roberts' grandfather testified that he encouraged Suellen and Lexis Roberts to move from New Hampshire to Las Vegas so that Suellen could find better employment. He told jurors that based on what happened to his daughter and granddaughter, he now suffers from guilt for encouraging them to move. The penalty phase of the trial further established that Sanders' crime was the result of substantial planning and premeditation and that Lexis Roberts was a vulnerable victim. Testimony included that of 2 of Lexis' 6th grade teachers from Charles Silvestri Junior High in Las Vegas. Her math teacher told jurors that Lexis was extremely shy but very hard working. Her English teacher testified that Lexis was sweet and vulnerable. When asked to describe Lexis in 1 word, she replied "innocent." "These types of cases are never easy, but today we remember the victims, their families and their loved ones. The nature of the crime and the level of violence involved are something that we never get used to no matter how long we have done this. The severity of the sentence imposed against Sanders underscores the senseless brutality of his acts against an innocent 12-year-old girl," Finley stated. "Lexis Roberts was needlessly taken from a family that loved her, and she was denied the most fundamental right of life, and they were denied the joy of knowing what that life could have been. Still, we do not lose sight of the fact that this trial and sentencing also represent the right of due process that was extended to Sanders, and a jury of his peers has rendered justice. Nothing, no trial or sentence, can ever bring Lexis or her mother back, but we hope that the verdict brings some measure of closure to Lexis' family. The prosecutors and the law enforcement agencies that assisted in this case are to be commended for their hard work. The importance of their collective efforts cannot be overstated." "This is a heartbreaking case," said Assistant Attorney General Leslie R. Caldwell. "A young girl witnessed the murder of her mother, was held captive for days, and had her life cut tragically short by a senseless, brutal murder. We hope today's verdict will help Lexis??? family as they continue to struggle with the loss of their loved ones." FBI Special Agent in Charge Michael J. Anderson added, "Our thoughts and prayers go out to the family and friends of the victims who have endured unimaginable grief while awaiting the just verdict and sentence for such horrific crimes." The FBI, Central Louisiana Safe Streets Task Force, Catahoula Parish Sheriff's Office, Harrison County Sheriff's Office, Yavapai County Arizona Sheriff's Office, Coconino County Arizona Sheriff's Office, and the Las Vegas Metropolitan Police Department conducted the investigation. Assistant U.S. Attorney William J. Flanagan, Assistant U.S. Attorney Brandon B. Brown, and Trial Attorney Julie Mosley of the U.S. Department of Justice???s Capital Case Section prosecuted the case. (source: hannapub.com) *************************** Feds seek death penalty for inmate Jesse Con-Ui, accused in correctional officer's slaying The U.S. Attorney's office has filed a notice of intent to seek the death penalty in the case of a federal inmate accused of killing a correctional officer from Nanticoke in February 2013. Jesse Con-Ui was indicted by a federal grand jury in June 2013, charging him with killing Eric Williams, 34, in a premeditated attack at the Canaan Federal Correction Complex near Waymart. According to the indictment, Con-Ui stabbed Williams with a sharpened weapon and struck him repeatedly. FBI interviews of correctional officers indicate Con-Ui had barricaded himself in his cell after allegedly attacking Williams. A capital case While the government's filing is a significant step, it should not come as a surprise. U.S. District Chief Judge Yvette Kane in May 2013 appointed attorneys for "death penalty proceedings" in the case, while Con-Ui was still under investigation and before he had been charged. As early as March 2013 Kane remarked that proceedings against Con-Ui had "the potential to become a capital case." Con-Ui, who is from Arizona, was serving a sentence at the prison in Canaan for a 2005 conviction on drug charges. He was indicted in June 2003 along with 6 other men in Arizona for participating in a drug ring connected to the New Mexican Mafia gang. He pleaded guilty to conspiracy to distribute cocaine and a firearms charge and received a sentence of 11 years and 3 months. Con-Ui was to be released from federal custody on Sept. 17, 2012, but still faced a life sentence in Arizona for a 1st-degree murder conviction. (source: Times Leader) ************************ Excluding Blacks from Death Penalty Juries Violates Rights As Citizens An article in the most recent issue of the Virginia Quarterly Review examines the practice of excluding African-Americans from jury service, particularly in death penalty cases in North Carolina. In Bias in the Box, Dax-Devlon Ross notes, "Alongside the right to vote, the right to serve on a jury is an enduring pillar of our democracy....Nevertheless, there is perhaps no arena of public life where racial bias has been as broadly overlooked or casually tolerated as jury exclusion." Ross traces the history of civil rights litigation that secured blacks the right to participate in juries, but he also shows the continued use of strategies to remove them from service. In particular, the repeal of North Carolina's Racial Justice Act in 2013 removed an important protection of equality in jury service. Before the act was rescinded, a special court reduced the sentences of 4 death row inmates because of patterns of racial bias in jury selection. In one case, a prosecutor's notes described potential jurors as "blk wino - drugs" and as living in a "blk, high drug" neighborhood. Ross quotes a number of potential black jurors who wanted to serve in North Carolina but felt they were excluded because of their race. The article also recounts the case of Darryl Hunt, a black man who was exonerated through DNA evidence in 2003 after spending nearly 20 years in prison for a rape and murder. His trial took place in Winston-Salem, whose population is about 35% black. However, of the 60 jurors and alternates selected in Hunt's 4 trials, only 1 was black. (source: D. Ross, "Bias in the Box," Virginia Quarterly Review, Fall 2014----DPIC) From rhalperi at smu.edu Fri Oct 3 11:23:23 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 3 Oct 2014 11:23:23 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 3 BAHAMAS: Justices Criticise Lawyers For Constant Requests For Delays In Appeal Cases A Lawyer's request for additional time to prepare her client's appeal against conviction and the death sentence for a paid execution, drew the ire of Court of Appeal judges yesterday. While granting a 7th - and final - adjournment in the case of Anthony Clarke Sr the judges voiced their general displeasure with the constant requests by lawyers for delays at the expense of the appellants. "The public is complaining about the delays. This court is here every day, ready and willing to hear the appeals," Justice Anita Allen said. Romona Farquharson-Seymour, who now represents Clarke, a death row inmate, had told the appellate court that she had only received the trial transcripts 2 weeks prior to the proceedings. She asked for an additional 2 weeks to complete her canvassing of the documents given that she was also in a trial and was preparing for another substantive, but unrelated murder appeal hearing before the court on October 15. "You took them on and you need to do whatever you need to do. That is the life of counsel, of an advocate" Justice Allen said, adding that someone with her experience in criminal cases should not need more time. "On your scale of priorities, this case should rank higher," added Justice Abdulai Conteh, who noted that "if I were in your shoes, this would be my priority regardless of the outcome." Mrs Farquharson-Seymour accepted the court's criticisms and "humbly would ask for an adjournment." Justice Allen noted that there had been 6 adjournments already "and this would be the seventh." When Mrs Farquharson-Seymour sought to put up a defence, Justice Allen interjected: "I'm not saying they've been related to you, but this matter has been before this court since last year." "It will be the last adjournment," the lawyer said, apologising again. Her request was granted and the matter was put off to November 12. Clarke intends to contest his conviction and ultimate punishment concerning the September 16, 2011, murder of Aleus Tilus. During Clarke's trial, the prosecution produced a confession statement in which Clarke purportedly owned up to the murder. He allegedly told police that he was paid "a lot of money" by a man, who was not named, to kill Tilus because of an ongoing dispute before the Labour Board, concerning Tilus's employer. The convict's attorney, Shaka Serville, submitted that the statement was obtained through force and brutality against his client. The jury returned an unanimous guilty verdict and the prosecutor, Ambrose Armbrister, indicated the Crown's intention to seek the death penalty. On October 10, 2013, Senior Justice Jon Isaacs, having taken into account submissions from the prosecution and defence attorneys and the probation and psychiatric reports, agreed to the Crown's request to sentence Clarke to death for Tilus's murder. Clarke had applied to the Court of Appeal for an extension late last year, having missed his 21-day deadline to appeal his murder conviction and death sentence. Mrs Farquharson-Seymour is his 3rd lawyer since his sentencing. (source: Tribune242) IRAN: Iran Drops Death Sentence Against Pastors, Christians Iran has apparently dropped death-sentence carrying charges against 2 evangelical pastors and another believer, though the 3 men remain detained for their Christian activities, BosNewsLife learned Thursday, October 2. Pastor Matthias Haghnejad, Pastor Behnam Irani and Deacon Silas Rabbani from the Church of Iran house church movement were instead tried for other alleged offences at the 1st Branch of the Revolutionary Tribunal in Karaj city last week, trial observers said. Additionally Christians Moluk Ruhani, Zainab Akbari and Hamidreza Borhani, who were among 6 believers detained in Isfahan early September, have been released, said advocacy group Christian Solidarity Worldwide (CSW). However Mohammed Taslimi and Parsa Dadkhah remain incarcerated while the whereabouts of Moluk Ruhani???s sister, Sepideh Morshedi, remained unknown Thursday, October 2, Christians said. Pastor Haghnejad, Pastor Irani and Deacon Rabbani, who are being held separately in Ghezal Hesar Prison, had recently been charged with 'Mofsed-e-filarz', or 'spreading corruption on earth', which carries a death sentence. The 2 pastors had also been charged with Moharebeh, or 'warring against Allah', which experts say can also carry the death penalty. Behnam Irani, who is serving already a long prison term, had received 15 other charges, CSW told BosNewsLife. CHARGES DROPPED Iranian Christians said that the Moharebeh and Mofsed-e-filarz charges "appear to have been dropped" and that all 3 were tried for "action against national security" and "creating a network to overthrow the System". It was unclear whether international pressure prompted authorities to drop more serious charges. The men now await a verdict from Judge Asel Al-Hosseyn, who tried their cases, Christians said. CSW's Chief Executive Mervyn Thomas told BosNewsLife he has mixed feelings about the outcome. "While we applaud the dropping of the capital charges levelled against Pastors Haghnejad and Irani, and Deacon Rabbani, it is completely unacceptable that they have faced trial once again on unwarranted charges and that their unjust prison terms may be extended even further." Additionally, "It is difficult to conceive of how imprisoned men from a severely repressed community could pose a danger to such a powerful system," Thomas said. The dropping of the capital charges against the three Christians comes a week after a 37 year-old Muslim man, Mohsen Amir-Aslani, was reportedly executed for 'Mofsed-e-filarz' and 'heresy' after describing the biblical story of Jonah as an allegory. JUDGE APPEAL Head of the Judiciary, Sadegh Larijani, disregarded a Supreme Court decision to release him after the trial judge appealed for the death penalty to be carried out. "While a high-ranking judge has claimed Mr Amir-Aslani was executed for rape, the authorities have yet to produce substantive evidence to support this allegation," CSW commented in a statement. "We also express our deepest condolences to the family of Mr Amir-Aslani, whose execution is emblematic of the arbitrary nature of the Iranian judicial system and the flagrant disregard of the nation's highest judicial authority for the rule of law and justice," added Thomas. The official said the plight of detainees makes it difficult to normalize relations with Iran. "Some in the West are calling for renewed relations with Iran in the face of the threat posed in Iraq and Syria by [Islamic State] ISIL [militants]. However, it is worth noting that Mr Amir-Aslani was 1 of 6 people executed on the same day that the [the] British Prime Minister met with [Iranian] President Rouhani at the United Nations,"Thomas said. "It is highly debatable whether a country that severely represses its own religious and ethnic minorities and conducts an average of 2 executions a day can contribute meaningfully towards resolving a conflict that is itself fuelled by religious sectarianism and an intolerance of indigenous minority communities." (source: BosNewsLife.com) EGYPT: Egypt Judge in Mass Death Sentence Cases Removed The Egyptian judge who oversaw mass death sentence cases against Islamist supporters of the country's ousted president, drawing strong international criticism, has been removed from his criminal court, officials and the judge himself told The Associated Press on Thursday. The removal of Judge Said Youssef, taken by a top appeals court, signals a possible shift in Egypt after an extensive crackdown on backers of toppled President Mohammed Morsi and an attempt by judges to begin to repair the damage done by judge's heavy handed rulings. Youssef, who led the 2 high-profile death penalty cases in southern city of Minya, told the AP he was notified Sunday that he was removed from the "criminal judiciary" to the "civilian judiciary." His final day in criminal court was Tuesday. "I was notified while I was looking into cases," Youssef said. He added that his court, known as the "terrorism court" and assigned to look into cases linked to violence and acts of terror, had been "dismantled." He declined to discuss why he was removed. Other officials, including a top judicial official, corroborated Youssef's account. Youssef's court, which started hearing cases in March, is the only "terrorism" court that will be dismantled, court officials said, speaking on condition of anonymity because they were not authorized to speak to journalists. The move looks like a demotion for Youssef. According to Egypt's el-Shorouk daily newspaper, removal from the court is an exceptional measure which only takes place in 2 cases: either the judge has been associated to an act that is damaging to his reputation or that he was investigated by a special committee which ruled that he was no longer capable of overseeing criminal court cases. Normally, a judge who has spent 15 years in criminal judiciary remains in his post until retirement, the paper said. Said was condemned when he sentenced to death more than 1,200 people in 2 mass trials. The number of death sentences, initially the most in recent memory anywhere in the world, was later reduced to more than 200. Most of the defendants were charged with murder, attempted murder, joining an outlawed group aiming at toppling the regime and stealing government weapons in connection with the attack last August in the town of Matay and el-Adawa, south of Cairo. Police officers were killed in the attacks. The cases are rooted in the violent attacks on police stations and killing of police officers in August 2013 in revenge for security forces raiding 2 Islamists' sit-ins in Cairo that left hundreds dead and sparked days of unrest. Protesters were demanding the reinstatement of Morsi, who hails from the Muslim Brotherhood group. The military led the ouster of Morsi in July after mass demonstrations against him and his supporters staged near-daily demonstrations demanding his reinstatement. Some 22,000 people have been arrested since Morsi's ouster, including most of the Brotherhood's top leaders as well as large numbers of others swept up by police during pro-Morsi protests. Gamal Abdel-Maguid, a lawyer who represented a number of defendants, nicknamed the judge "Said the butcher." "The case caused an international earthquake and it was expected that judges would get rid of him after all damage he caused," Abdel-Maguid said. In the 2 court cases, Youssef issued his stunning verdicts in their second hearings and in the absence of lawyers who responded by boycotting the next sessions. Youssef's verdicts were justified as "deterrent" to prevent similar riots which left churches and police stations torched and threatened lives of many. Many of those who received death sentence were tried in absentia, meaning they'll be given automatic retrials once captured. Abdel-Maguid said a large number of defendants recently surrendered to have a retrial. Others have 2 chances to appeal the verdict. Youssef's sentences in the two cases shocked the world. U.N. Secretary-General Ban Ki-moon warned that the verdicts were likely to "undermine prospects for long-term stability." Amnesty International said it feared Egypt's courts were "becoming just another part of the authorities' repressive machinery, issuing sentences of death and life imprisonment on an industrial scale." Youssef himself said that he received death threats and authorities assigned security guards to escort him. The U.S. State Department also said at the time his ruling "defies logic" that so many people could get a fair trial in just 2 hearings. That renewed calls for the U.S. to suspend some of the $1.5 billion in military and economic aid it gives Egypt each year. Some hope Youssef's court being dismantled means defendants in Egypt may begin to again face "normal" judges, as opposed to special courts that mete out swift, harsh rulings. "At the end of the day, the judges themselves believed this was not a reasonable verdict and then they decided to move this judge to a soft-core field." prominent rights lawyer Negad el-Borai said. (source: Associated Press) SOMALIA: Al-Shabaab Executes 4 Men Accused of Spying, Stones Woman to Death Al-Shabaab militants in Barawe on Monday (September 29th) publicly executed 4 Somali men accused of spying for the Somali government, Somalia's RBC Radio reported. The 4 men - Hassan Haji Awow, 27, Mahdi Hassan Isse, 26, Iidle Mohamed Hassan, 18, and Ahmed Mohamed Adan, 42 - were executed by firing squad at an open field in Barawe Monday evening. "These men have admitted that they were spies working for the intelligence unit of the apostate government," an unnamed al-Shabaab judge said through a loudspeaker. The men were arrested 1 month ago, but were not given the chance to speak or defend themselves against their alleged crimes, sources told RBC Radio. The execution comes days after the militants stoned to death a Somali woman in Barawe for secretly marrying 4 men, AFP reported. Witnesses said the woman, 33-year-old Safiyo Ahmed Jumale, was buried up to her neck on Friday and pelted with rocks and stones by hooded men in front of a large crowd. "The woman married 4 husbands and confessed to the crime," al-Shabaab judge Sheik Mohamud Abu Abdullah told the gathering. "I questioned her several times while she was in prison and she told me she was mentally fit. All the 4 husbands were questioned and they have confirmed that they had married her." "The woman was brought with her eyes covered and she was buried up to her neck before she was stoned to death by hooded men," said Ali Yare, a resident who witnessed the execution. (source: All Africa News) NIGERIA: Judgment, Sentencing and Appeals in Criminal Matters in Nigeria It is a well know procedure that every judgment of a court must of legal necessity be in writing except as otherwise provided by law for Magistrates courts in the Southern part of Nigeria. It must be stated that court judgment in criminal and civil matters is not the same as God's divine judgment entrenched in the holy bible. Judgment in legal sense is the final decision of the court upon a criminal charge, rights and obligation of the parties. A judgment can be in favour of the accused person or the complainant. It is in favour of the accused person if the prosecution fails to prove its case beyond reasonable doubt thereby providing the opportunity for the defense counsel to plead a no case submission. It is in favour of the complainant if the prosecution is able to establish that the accused actually committed the offence through verifiable evidence and exhibits pointing to show directly that an offence has been committed. Section 245 of the Criminal Procedure Act (CPA) provides that: "The judge or Magistrate shall record his judgment in writing and every such judgment shall contain the point or points for determination, the decision thereon and the reasons for the decision and shall be dated and signed by the Judge or Magistrate and the time of pronouncing it; provided that in the case of a Magistrate, in lieu of writing such Judgment , it shall be sufficient compliance under this section if the magistrate (a) records briefly in the book his decision thereon and where necessary his reasons for such decision and delivers an oral Judgment; or (b) records such information in a prescribed form." Once a judgment is delivered, the deed is done (functus officio). In Nwakalamba vs. Commissioner of Police (1958), a judgment delivered by the then Federal Supreme Court upheld the principle of functus officio. In that particular case, an oral judgment delivered by a lower court was later reduced to writing. The Federal Supreme Court refused to take congnizance of the written judgment because at the time it was reduced to writing the court that delivered it had become functus officio, having delivered an oral judgment earlier. >From the above provision, it is clear that judgment must contain the points for determination and reason for the decision. The points for determination include the guilt or innocence of the accused person, fact and proof of the elements of offence, ingredients of offence as well as sections where the offence contravened are contained and specified as decided in Yesufu vs. Inspector General of Police (1960). And where the court is in doubt as to whether the point for determination should be decided in favour of the prosecution or the defense, the doubt should be resolved in favour of the defense as decided in Onafowokan vs. The State (1987) by the Supreme Court of Nigeria. Testimony of witnesses and co-accused persons are heavily relied upon by the courts during criminal trials. It is therefore necessary for the prosecution to gather enough evidence and do thorough investigation, organize his prosecution witnesses and tidy up the charges against the accused person before commencement of trial. In delivering judgment, the court must give cogent and compelling reasons as to why the evidence of one party is to be preferred to that of another. In Willie John vs. The State (1967), the accused persons were charged and convicted on two counts of burglary and housebreaking. In his judgment, the trial judge stated that the evidence against the accused persons was overwhelming and found the accused persons guilty. The accused persons appealed against the conviction on the ground inter alia that the judgment of the court did not contain the points for determination and reasons for the decision. The Supreme Court agreed with the counsel's contention that the Judgment delivered by the court did not comply with the requirements of the law because neither the evidence of the prosecution nor that of the defense was reviewed. No reasons were given for the court's decision, therefore the appeal succeeded. As a general rule, no person can be pronounced guilty for an offence with which he was not expressly charged. However, where an accused person is charged with a grave offence and there is not enough evidence to convict him but there is sufficient overwhelming evidence to convict him for a lesser offence, even though the accused was not specifically charged with the lesser offence, he may be convicted of the lesser offence as provided in section 36 (6) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)and as decided by the Supreme Court of Nigeria in Nwachukwu vs. The State (1986). Furthermore, an accused person who is charged with an offence may be convicted for conspiracy to commit that offence although he was not found guilty of the substantive offence as decided in Balogun vs. Attorney-General of Ogun State. It must be stated that before a court can convict an accused person for an offence for which he was not expressly charged under Section 179 of the Criminal Procedure Act, the following conditions must be satisfied; (a) the graver offence must contain words to include both offences; (b) the evidence led and facts found must support the conviction for the lesser offence and (c) it is not necessary to charge the accused with the lesser offence as decided by the Supreme Court in Nwachukwu vs. State. An accused person may plead for reduction of sentence under the principle of allocutus. It is a plea of mitigation of sentence or punishment by an accused person after he or she has been convicted of an offence in a court of competent jurisdiction. However, the omission of the Court Registrar or the Judge to ask the accused to make an allocutus shall have no effect on the validity of the proceedings. Allocutus under section 247 of the CPA does not operate to absolve the accused of all punishment; the sentence may be reduced but not cancelled in its entirety. Where the law provides for a minimum or mandatory penalty like death penalty, allocutus has no effect. Thus, in Inspector General of Police vs. Tegbe (1957) where an accused person was deprived of an opportunity for allocutus because the judgment given by the trial magistrate was read by another magistrate under section 251 CPA where the sentence was manifestly light for the offence, it was held that although the practice adopted was undesirable, the sentence would not be reduced. In a trial at the Magistrate court in the Northern part of Nigeria, the Magistrate may at this stage of sentence refer the convicted person to a magistrate court of a higher grade or to the High Court for sentence. This occurs if the court is of the opinion that the accused person ought to receive a different or more severe punishment than that which the magistrate is empowered to impose as stated under Section 257 of the Criminal Procedure Code (CPC). Clearly put, a sentence is the pronouncement by the court upon the accused person after his conviction in a criminal prosecution by imposing punishment stipulated by law. The sentence of the court must be the sentence prescribed for the offence by law which created it. When the court makes a pronouncement of sentence, it may direct that it should run concurrently or consecutively. Where the court is silent, the sentence shall be deemed to run consecutively. It must be stated that death penalty is mandatory sentence for capital offences and the judge has no discretion in the matter after an accused has been found guilty of a capital offence. The court must make the pronouncement this manner: "The sentence of this court upon you is that you be hanged by the neck until you are dead and may the Lord have mercy on your soul" as stipulated under Section 367 (2) of the CPA and Section 273 of CPC. The President of Nigeria and State Governors can exercise prerogative of mercy on an accused sentenced to death. The judge as soon as practicable must transmit the judgment to the Attorney General or Minister of Justice or State Commissioner of Justice to advise the President or Governor on the exercise of prerogative of mercy. The judgment is attached with a certified copy of the record of proceedings and a copy of the certificate of death as stipulated under Section 370 (1) of the CPA. Death sentence cannot be passed on an offender whose age at the time of committing the offence has not reached the age of 17 years. As a general rule, only a person that is aggrieved by the decision of a court may appeal against such decision. In criminal cases only the prosecutor or the accused person has the right of appeal under Section 243 (9) of the Constitution of the Federal Republic of Nigeria (as amended) and as decided in Nafiu Rabiu vs. The State. Flowing from the above, Persons outside these 2 categories of persons has no locus standi to bring an appeal under any circumstances. However, any person who will be affected by the decision of the court can be made a party to an appeal as decided in the case of Pan African Bank Ltd. Vs The State and also in Akiinbiyi vs. Adelabu. Appeal shall emanate from Magistrate Court to High Court, from High Court to Court of Appeal and from Court of Appeal to Supreme Court of Nigeria, as the case may be. The decision of the Supreme Court is final in all cases including criminal matters. The notice of appeal stating the grounds of appeal is usually prepared by the counsel to the party that is approaching the appellate court for a redress. Each Court has its rules and procedure to be followed when approaching a superior court for appeal. The service of a legal practitioner is required for this process. Judgment, sentence and appeal in criminal matters are technical legally and at the same time procedural. Certain rules must be applied as can be seen from the above court discussions. A party challenging the judgment and sentence passed by the lower court has the constitutional right to approach a higher or superior court for appeal. Appeal is only necessary where the appellant and his counsel are convinced that there was a miscarriage of justice or that the legal principle of fair hearing was not adhered to during trial. Appeal is also necessary where judgment is delivered without the Judge reviewing the evidence of the prosecution and defense and also for failing to give legal reasons for the court's decision. A valid judgment must of a necessity include the guilt or innocence of the accused person, fact and proof of the elements of offence, ingredients of offence as well as sections of relevant enactments and case laws where the offence contravened is contained and specified as decided in Yesufu vs. IGP (1960). (source: opinion; Fred Latimore Oghenesivbe, a member of the Nigerian Institute of International Affairs (NIIA) is of the Nigerian Law School----The Daily Independent) BOTSWANA: Edwin Samotse faces possible execution in secrecy On August 13 2014 Mr. Edwin Samotse a Botswana national was unlawfully deported from South Africa to Botswana where he runs the risk of being sentenced to death and executed. While South Africa's conduct has been declared unlawful FIDH - a member of the World Coalition Against the Death Penalty - LHR and DITSHWANELO call upon the authorities of Botswana to guarantee his right to a fair trial and to refrain from imposing the death penalty against him. 'Despite our enquiry to the authorities of Botswana about whether or not they gave an assurance to the South African Government that Samotse will not face the death penalty we still have not received a response. In a context where secrecy has surrounded the way the death penalty is carried out in Botswana we are concerned for the safety and well-being of Mr. Samotse' declared Alice Mogwe DITSHWANELO Director and FIDH Deputy Secretary General. On August 13 2014 South African Immigration officials deported Mr. Edwin Samotse to Botswana where he is charged with murder. If convicted by the Botswana High Court Mr. Samotse could be sentenced to death and executed. His deportation was carried out while on 2 occasions (Mohammed 2001 and Tsebe 2012) South Africa's Constitutional Court has confirmed the right of a person charged with capital offences not to be extradited to a country where he/she could face the death penalty and subsequent execution without an assurance against such being imposed or executed. On September 23 2014 the High Court sitting at Pretoria confirmed those decisions by declaring Samotse's deportation unlawful and unconstitutional. For Jacob Van Garderen National Director of LHR which joined the Samotse case before the High Court 'the decision of the High Court is consistent with the internationally recognised practice not to extradite someone to a country where he or she could face the death penalty and be executed. Our courts have already set similar precedents and we expect this decision will constitute the basis for a well defined procedure of non-removal that would be strictly observed by the relevant South African authorities'. In its decision the High Court noted the undertaking given by the Minister of International Affairs and Cooperation to continue seeking written assurances from the authorities of Botswana that the death penalty will not be imposed against Edwin Samotse and if imposed that it will not be executed. The Court further called upon South African Minister of Home Affairs to enact 'Standing Operation Procedures' stating that it is unlawful to deport or surrender a foreign national facing the risk of being subjected to the death penalty if deported or surrendered without the requisite assurance being obtained. The Court has required the Minister to report back on progress made in this regard as well as the outcome of the Department's investigation into the unlawful deportation. Our organisations welcome this decision and call upon South African authorities to ensure that a comprehensive 'Standing Operation Procedure' is put in place without further delay that it is widely disseminated to all the relevant services and properly implemented. As the World Day Against Death Penalty approaches (October 10 2014) our organisations which oppose the death penalty for all crimes and under all circumstances reiterate their call upon the authorities of Botswana to envisage the adoption of a moratorium on the death penalty as a 1st step towards abolition. (source: MENAFN Press) SINGAPORE: Death penalty as life-saving deterrent: fact or rhetoric? The following was a letter the Singapore Working Group on the Death Penalty - a coalition made up of Second Chances, the Singapore Anti-Death Penalty Campaign and Think Centre - submitted to the Straits Times Forum. The letter was not chosen for publication. We refer to the Law Minister's comments as reported in the article 'Death penalty needed in anti-drug fight: Shanmugam' on 27 September. In his speech at the United Nations, Mr Shanmugam asserted that the death penalty is an effective deterrent to drug trafficking in Singapore. He also said that the debate over capital punishment should shift to facts. Facts are important in this debate, but there has been a lack of publicly available criminological studies in Singapore to support Mr Shanmugam's point. Furthermore, a 2009 study comparing homicide rates in Singapore and Hong Kong strongly suggested that the death penalty is no more effective than alternative forms of punishments. The mere fact that Singapore has both the death penalty and low capital crime rates does not necessarily mean that there is a direct link between the 2. In fact, other criminological studies have shown that socioeconomic factors and the likelihood of getting caught have more influence over crime than the severity of punishment. This lack of concrete evidence on the death penalty's deterrent value has also been pointed out by MPs and NMPs such as Mrs Lina Chiam, Ms Sylvia Lim, Mr Laurence Lien and Ms Faizah Jamal when Parliament debated the amendments to the mandatory death penalty in 2012. In the interest of a fact-based debate on the death penalty in Singapore, we would invite the government to share any studies upon which conclusions on the effectiveness of the death penalty as a deterrent have been drawn. We also call for more rigorous, independent studies to be conducted on this issue. Singapore should not resort to the death penalty without concrete proof of its necessity, especially if alternative forms of punishment can have the same effect. The inevitability of human error within the system also makes the chances of wrongful executions far too high a cost for us to use capital punishment as an instrument of justice. (source: Onlinecitizen.com) THAILAND: Thai police charge Myanmar men with murder, rape of Brit tourists Thai police Friday charged two Myanmar men with murder and rape after the killing of 2 British tourists on a southern island last month, in a case that has severely dented the kingdom's image as a holiday haven. The charges come after police said the undocumented migrant workers had confessed to murdering David Miller, 24, and Hannah Witheridge, 23, whose battered bodies were found on Koh Tao on September 15. The men have been charged with the murder of both Britons - a charge which carries the death penalty - and the rape of Witheridge, with police saying that their DNA matched samples taken from her body. "The 2 Myanmar nationals are charged with murder (of both tourists), gang rape (of Witheridge) and stealing,'' Prachum Ruangthong, police chief of neighbouring Koh Phangan island, told AFP. The breakthrough follows intense scrutiny of Thai authorities, which had been accused - in criticism led by the British media - of bungling the investigation in the days after the crime. Earlier Friday police said the men - identified only as Win, 21, and Saw, 23, from Rakhine state in Myanmar - had admitted to killing the Britons and raping Witheridge. "2 Myanmar suspects have confessed to killing the pair," Thai national police chief Somyot Poompanmoung told AFP. "DNA test results (from the 2 men) confirmed that the same DNA was found in the body of the (female) victim.: The accused were among 3 nationals from Myanmar - formerly known as Burma - held since Thursday on suspicion of involvement in the crime. The 3rd Myanmar man is believed to be a witness and is currently under police protection on Koh Tao, provincial police chief Kiattipong Khaosamang told AFP. Earlier Friday investigators took the arrested men to the island to re-enact the crime scene, a common practice in Thai murder cases. Hundreds of onlookers watched as the handcuffed pair - wearing bullet-proof vests and white helmets - walked along the beach where the Britons were found dead, surrounded by scores of police officers. "Both men raped the female victim," Kiattipong said earlier, adding the tourists were killed with a wooden stick and a garden hoe, which was found bloodied at the scene. Thai authorities dismissed concerns that they had arrested scapegoats when questioned by reporters. "Please be reassured that police have worked to their best ability so it's not possible that they have arrested scapegoats," Deputy Prime Minister Prawit Wongsuwon said Friday. (source: Agence France-Presse) From rhalperi at smu.edu Fri Oct 3 16:41:54 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 3 Oct 2014 16:41:54 -0500 Subject: [Deathpenalty] death penalty news----TENN., OKLA., COLO., ARIZ., NEV. Message-ID: Oct. 3 TENNESSEE: Death Penalty Upheld in Grisly Memphis Murders The Tennessee Supreme Court upheld the death penalty for a man convicted of 6 counts of 1st-degree murder, including in the brutal deaths of his brother and 2 nephews. As recounted in the court's opinion, Jessie Dotson went to his brother Cecil Dotson's house in Memphis on Saturday, March 1, 2008, to watch a University of Memphis basketball game with his father Jessie Sr., his brother, his 5 nephews, Cecil's fiancee Marissa Williams, and his half-brother William Waddell. Jessie Sr. left because the game was not coming in on Cecil's television, and Waddell left later that night, the opinion said. Dotson was not ready for work Sunday morning when Jessie Sr. came to pick him up. He later called his dad, explained he had gotten in a fight with his girlfriend, and went out to dinner with Waddell that night. Erica Smith, the mother of one of Cecil's children, was unable to reach Cecil on Sunday and feared something was wrong. When he did not show up for work Monday, she decided to call the police. The officers sent to Cecil Dotson's house discovered a gruesome scene when they arrived that evening, the opinion said. "Officer Randall Davis arrived first. As he walked in the front door, he could 'smell the dead bodies.' The storm door was closed but the interior door was partially open, and he could see a person's foot lying on the floor inside," the ruling states. "Entering the front door, Officer Davis discovered four adult bodies, later identified as Cecil, Ms. Williams, Hollis Seals, and [22-year-old] Shindri Roberson. All appeared to have sustained multiple gunshot wounds. Officer Davis did not check for vital signs because it was obvious to him that they were deceased." Davis then discovered 9-year-old C.J. in the bathtub with a knife in his head but still alive. Dotson's 4-year-old nephew Cemario was found dead in one bedroom, and 2 others appeared to be dead in another room. Cecil II was pronounced dead but Cedrick was still alive when paramedics found him. A 5th nephew of the assailant, 2-month-old Ceniyah, was found alive. The officers noted that the bodies of Cecil and Roberson were staged with marijuana and crack cocaine strewn on or near them. A firefighter who responded to the scene described the bathroom as a "mess" with "blood everywhere," according to the ruling. He described seeing C.J. with a knife in his head as the worst thing he has ever seen in his life. Dotson had killed Cecil and his fiancee, Seals, Roberson, Cemario and Cecil II, according to the ruling. He had also attacked C.J., Cedrick and Ceniyah with kitchen knives and wooden boards. A jury convicted Dotson of 6 counts of premeditated 1st-degree murder and 3 counts of attempted murder. He was sentenced to death for each of the 6 murder convictions and also given 3 40-year consecutive sentences for the attempted murder charges. The Tennessee Court of Criminal Appeals affirmed Dotson's convictions and sentences, but state law requires that the Tennessee Supreme Court also review death sentences. On Tuesday the justices held that Dotson's death sentences are not excessive compared to similar cases in Tennessee. "This case is not identical to these earlier capital cases primarily because the murders and assaults the defendant perpetrated are some of the most horrendous ever committed in Tennessee. However, taken as a whole, this case is by no means 'plainly lacking in circumstances consistent with those in similar cases in which the death penalty has been imposed'," wrote Justice Cornelia Clark. "Thus, we conclude that the sentences of death are not excessive or disproportion to the penalties imposed in similar cases." The Tennessee Supreme Court held that Dotson's warrantless arrest was based on probable cause, including the testimony of his nephew C.J. - who not only witnessed, but was a victim of the crimes. Delaying an arrest to question a victim about possible motives was not necessary in this instance, Clark wrote. "C.J. testified at trial, and the defendant had an opportunity to question him on cross-examination about his motivations for identifying the defendant as the perpetrator," the judge wrote. "The record contains no evidence that C.J. had any ulterior motive for identifying his uncle, the defendant, as the perpetrator of these crimes." Evidence also supports the jury's finding of statutory aggravating circumstances in the murders and assaults, the court ruled. "The proof established that each victim was stabbed repeatedly and severely beaten and that the physical abuse was beyond that necessary to cause death," Clark wrote. "The proof is more than sufficient to support the jury's finding of this aggravating circumstance." The court has scheduled Dotson's death sentences to be carried out on Nov. 17, 2015. (source: Courthouse News Service) OKLAHOMA: Oklahoma unveils new execution procedures 5 months after the gruesomely botched execution of Oklahoma convict Clayton Lockett, the state has released new procedures following a review. The new guidelines will require more training for execution staff and increases the dosage of the sedative used in Lockett's execution, but questions remain about the execution drugs and the ethics that surround the concept of the death penalty. And in Oklahoma, thanks to changes to its policies on media observers, if something goes wrong when at another next execution, the state will have more power to keep the public from knowing if anything goes wrong. The new policy cuts the number of media observers allowed at executions by more than half, from 12 to 5, and it allows state officials to remove witnesses from the viewing area and to close the curtain on an execution if the inmate is still conscious after 5 minutes. Even before the new protocols were announced, members of the media were fighting for the right to see more of the execution process. The American Civil Liberties Union filed a lawsuit in August against the state to try and force it to allow broader press access to executions, from the insertion of IV lines through to the pronouncement of death. These new policies show that Oklahoma is more concerned with protecting itself than in making sure their executions don't violate Eighth Amendment protections against cruel and unusual punishment, Lee Rowland, Staff Attorney for the ACLU's Speech, Privacy & Technology Project, told msnbc. The suit argues that the press has a First Amendment right to observe executions, a right some courts have already upheld. "The state's response to evidence that death penalty is not being administered properly is to make it harder to get that evidence," Rowland said. The lawsuit's goal is "full access to witness the initial procedures, and to witness the entire proceeding warts and all. These are exactly the parts of the death penalty it's most important for the press, and by extension the public, to have access to." It was members of the press, Rowland said, that revealed Lockett was conscious during his execution, not the official state report on the execution. "The need for public oversight is absolutely too important in the death penalty context to be outweighed by other concerns," Rowland said. A representative from the Oklahoma Department of Corrections did not respond to requests for comment by press time. On April 29, Clayton Lockett's execution went horribly wrong, when prison officials injected Lockett with an untried 3-drug cocktail. During the nearly 45 minutes between the start of the lethal injection process and Lockett's death from a heart attack, Lockett appeared to groan, convulse, and struggle to speak. Officials closed the curtain to the observation room before the end of the ordeal. After April's debacle, Republican Governor Mary Fallon ordered a top to bottom review of the state's execution protocols. An autopsy of Lockett found that execution staff spent an hour trying to find a suitable vein before settling on the groin as an injection site. States with the death penalty have been scrambling to find drugs to use in lethal injections as drug companies have refused to provide drugs for executions. States have turned to compounding pharmacies to mix the drugs, keeping information about the source and exact makeup of drugs secret. Critics say this secrecy increases the likelihood of contamination and error, and many inmates have unsuccessfully challenged states in an attempt to learn more. Oklahoma's next execution is scheduled for November 13, when Charles Warner is scheduled to be put to death. Warner's May 8 execution was postponed for 6 months so the state could review its execution protocols. There are 2 more executions scheduled to take place this year. It is unclear whether the ACLU's lawsuit will have any impact on the procedures for Warner's scheduled execution. (source: MSNBC) COLORADO: Udall tiptoes through Dunlap, death penalty minefield Colorado Republicans Thursday started blasting around a clip of Democratic Sen. Mark Udall, telling SMNBC that he "accepts" Gov. John Hickenlooper's decision to grant an indefinite reprieve last year to murdered Nathan Dunlap 3 months before his scheduled execution. But Udall didn't quite say that he agrees with the decision itself - and wouldn't even after being pressed for more specifics by FOX31 Denver - only that he "accepts" the governor's right to make such a decision. Here's what Udall told MSNBC's Kasie Hunt, who asked if he thought "Hickenlooper was enforcing the death penalty appropriately?" "The constitution here in Colorado gives the governor leeway when it comes to the death penalty," Udall said. "I accept the governor's decision. I do think it's time to have a broad conversation in Colorado about the death penalty." "Do you think Nathan Dunlap should be executed?" Hunt asked. "I think Nathan Dunlap is a monster. The crime Nathan Dunlap committed was beyond belief; at a minimum, he should spend the rest of his life in jail." "But you're okay with him not being executed?" Hunt pressed again. "Like I said, I accept the governor's decision." Colorado Republicans were quick to fire off a press release with links to the interview, looking to ensnare Udall in the same political trap that Hickenlooper has struggled to navigate. "Sen. Mark Udall and Gov.John Hickenlooper are wrong to deny justice to the families who lost their loved ones due to this convicted mass murderer," said Owen Loftus, spokesman for the Colorado GOP. "The death penalty is used sparingly in Colorado and only for the most heinous crimes. "It is time we elect a governor and a senator who will stand up for victims and families, instead of a heinous mass murderer." FOX31 Denver asked Udall's campaign if it's correct to infer from Udall's statement that he "accepts" Hickenlooper's decision that he agrees with it, as Republicans have been quick to extrapolate. "Mark believes Nathan Dunlap is a monster who brutally killed innocent Coloradans," said Udall's campaign spokesman, Chris Harris, sticking to the same delicate script as his boss. "As long as he never sees the light of day again, Mark won't insert himself into the legal issues surrounding his case. He respects Colorado's constitution, which grants powers to the Governor, and accepts the Governor's decision." Udall, who is narrowly trailing Gardner in the last five public polls of Colorado's U.S. Senate race, is clearly trying to avoid letting Colorado's death penalty debate become a focal point in his race as it has in the state's gubernatorial contest - by refusing to explicitly say whether or not he agrees with the reprieve itself. Republicans have blasted Hickenlooper's reprieve as "cowardly" and cite it constantly as evidence of the governor's difficulty making tough, firm decisions. Interestingly, the Denver Post's editorial board praised the decision in its endorsement of Hickenlooper that was posted Friday afternoon. "Hickenlooper's decision to give Nathan Dunlap an open-ended reprieve from the death penalty pleased almost no one on either side of that divide - we'd have preferred he commute the sentence to life in prison without parole - but he knew that would be the case when he announced it,??? the Post editorial board writes. "And yet he went ahead with his unpopular call because he believed it was the right one. Sometimes leadership involves ignoring polls." (source: KDVR news) ARIZONA: Jodi Arias Trial: Prospective Jurors Say Arias Should Get the Death Penalty Some of the prospective jurors in the Jodi Arias trial said after the were eliminated from contention that they think Arias deserves the death penalty. The jury pool started at 400 people but more than 1/2 have been eliminated because of reasons including that they said they had already made up their minds about the case. Some of the previously prospective jurors vented their anger as they left on Wednesday. "I watched every second of the trial online, and she's guilty as sin. They're wasting our taxpayer dollars, and she needs to get to prison ... death row!" Barb Patterson told Arizona Central. "I already think she deserves the death penalty," Whitney McGinn added. Arias was convicted last year of murdering her lover Travis Alexander, who was found dead in June 2008, but the jury deadlocked when it came to the sentencing phase. Out of the 400 jurors, more than 200 were eliminated. There are now 176 candidates that advance to the next stage, returning for small group questioning. 16-18 will be sworn in to decide whether Arias should get the death penalty or just life in prison. Most of the potential jurors raised their hands when asked "has anyone heard of this case?" but not everyone, reported KTAR. "The next was the million dollar question and it went something like this, 'could you decide this case based only on the evidence presented in the courtroom' and oftentimes the judge followed it up with something akin to 'could you set aside what you have heard in the media.' Well, you guessed it, there were many that could not," the broadcaster reported. The other potential jurors were eliminated when asked if they could stay away from the news and social media, and asked if it would cause hardship. "Considering the court has this retrial scheduled out to just before Christmas, many had conflicts." Opening statements in the new sentencing phase are scheduled to start on October 20. (source: The Epoch Times) NEVADA: Death penalty stands in '06 killing, dismemberment The Nevada Supreme Court has upheld the death penalty for a former math teacher convicted of killing his wife in a Las Vegas hotel room, then dismembering and cooking parts of her body. Justices issued a 5-2 decision Thursday saying there were no errors that merited a new trial for 74-year-old John Matthias Watson III. Prosecutors say Watson lured his wife to Las Vegas from their Ontario, California home in 2006 on the pretense of celebrating her 50th birthday. But prosecutors say he planned the murder of Everilda "Evie" Watson for more than a month out of fear she'd take his money in a divorce. Prosecutors say Watson shot her, then cut her up with a band saw and wrote letters from jail admitting he cooked part of the body. (source: Associated Press) From rhalperi at smu.edu Fri Oct 3 16:42:49 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 3 Oct 2014 16:42:49 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 3 GLOBAL: see: http://www.worldcoalition.org/video-terry-kupers-solitary-confinement-death-row-torture-penalty.html) (source: worldcoalition.org) EGYPT: Verdict for Hosni Mubarak 'war crimes' delayed until November The judge charged with sentencing Egypt's fallen dictator Hosni Mubarak postponed the verdict on Saturday in a court session which seemed to suggest that the former president may be acquitted of his most serious charges. The delay caused more protests by supporters and opponents alike. Mubarak and his former security chief Habib El-Adly are being retried over the killing of demonstrators during the 18-day uprising which forced their resignation in 2011. They were found guilty and sentenced to life in 2012, but the conviction was overturned on technical grounds. Judge Mahmoud Kamel al-Rashidy explained the difficult nature of his task, saying he needed more time to deliberate over the 160,000-page case file. Court and television viewers were shown a film by private pro-regime channel Sada al-Balad in which a pink-clad presenter combed through the stacks of case files. The case was postponed to November 29. Mubarak is currently being held in a military hospital due to medical conditions. The murder of protesters has been a difficult link for prosecutors seeking the death penalty for Mubarak, calling his actions "war crimes." The 2011 protests escalated and led to the death of many protesters and police, but Mubarak calling for the execution of protesters is debated. Supporters and opponents of Mubarak have been protesting outside the Cairo court, where the former Egyptian president is being tried. Both groups are angry that the verdict was postponed yet again. "The judge is hesitating, it's a tough decision and he's obviously not that strong. How come he sets a date for verdict and postpones?" Mubarak supporter Pusy Mohamed said to CNTV. "We are not against the judge's decision, but Mubarak is 86 years old, when they first said the verdict is in 40 days, we thought he might not make it. Now it's 2 more months,??? Mubarak supporter Azza Abdallah said. (source: The Global Dispatch) JAPAN: Court finalizes death sentence for man over 3 murders in Tokyo, Yamagata The Tokyo High Court on Thursday turned down an appeal against a death sentence by a man convicted of 3 murders in Yamagata and Tokyo. Katsumi Asayama, 48, was arrested in 2012 for murder and arson following the death of 76-year-old Michiko Otsuka in Tokyo's Koto Ward in November 2011. In 2013, he was sentenced to death by the Tokyo District Court, but appealed the sentence. The court heard that Asayama was also responsible for a fire that caused the death of 71-year-old Takeyoshi Yamaka and his wife Kazuko, 69, in Yamagata in October 2010, TBS reported. According to investigators, the Yamakas' then 43-year-old son lived for a time with Asayama and his wife, Sayuri, 44, at their property in Nagoya. The son left after being subjected to violence by Sayuri, who was also arrested in connection with the Tokyo case. Prosecutors said that Asayama went to Yamagata in September 2010 and forced the son to come back to Nagoya with him. The fatal fire occurred the next month. The son again left the Asayamas' property and filed a complaint with the police. Meanwhile, in the Otsuka case, police said that her son had also stayed for some time with the Asayamas at their Nagoya home. According to police, the man tried to leave several times, but was repeatedly tracked down and brought back by Asayama. In November, 2011, Asayama - posing as a local government official - visited Otsuka to ask for information on her son???s whereabouts. Police said that he killed her and burned the place down in retaliation for her son leaving his home. Video camera footage has placed the Asayamas' car, with its Nagoya license plate, outside Otsuka's home, the court heard. (source: Japan Today) From rhalperi at smu.edu Sat Oct 4 14:55:26 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sat, 4 Oct 2014 14:55:26 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, PENN., ALA., OHIO Message-ID: Oct. 4 TEXAS: Supreme Court Begins New Term with at Least 1 Capital Case The U.S. Supreme Court will begin its 2014-15 term on October 6. One of the cases the Court will hear during its 1st month is Jennings v. Stephens, a Texas death penalty case involving ineffectiveness of counsel and whether a separate appeal is necessary for each such claim. Oral arguments will take place on October 15. The Court has been asked to review an appeal from Scott Panetti, another death row inmate from Texas, who may be mentally incompetent. Last year, the Supreme Court struck down Florida's strict IQ cutoff for determining intellectual disability. In that case, Hall v. Florida, the Court concluded that "Florida's law contravenes our Nation's commitment to dignity and its duty to teach human decency as the mark of a civilized world." (source: DPIC) ******************* There must be a better way to try a capital murder case There is something that has been troubling me for quite some time, but I thought that maybe there was something that could be done about it. Maybe it would work itself out on its own and the right thing would be done. I found out earlier this week I was wrong. My concerns are that a mockery is being made out of the proceedings of the most serious, complex criminal case there is - one that involves the death penalty. When lives have been taken and another life is on the line, regardless of how one might feel about the accused, it is that person's constitutional right to get a fair trial. Sometimes it is the accused who stands in the way of that happening, and sometimes it is someone who does not want to admit they are in over their head. That's what is going on in the capital murder case of Howard Wayne Lewis. The former correctional officer stands accused of slaying his 18-month-old son, Aiyden Benjamin Lewis, and the boy's grandmother, Shanta Crawford, at their Walker County home in July 2013. Their murders were a horrendous crime that rocked the community to its core. The baby was founding hanging from a door inside the residence and his grandmother was violently beaten to death. DNA evidence linked Howard Lewis to the crime. He was arrested and indicted for capital murder of a child under 10 years of age. Lewis became "Public Enemy No. 1" to the people of Walker County and the Walker County District Attorney's Office is seeking the death penalty. Lewis' fiancee, Sharon Lynch, hired Houston defense attorney Maverick Ray to handle the case. She said she did not want an attorney from Walker County representing Lewis because of the "old boy network." She settled on the 25-year-old Ray after she talked to "less than 5" other attorneys in Houston. When Ray agreed to represent Lewis, he had been out of law school for less than a year, had only been practicing for 5 months and had never tried a jury trial, not even for a misdemeanor offense. (He said he has since tried "7 or 8" jury trials). It wasn't a surprise that the District Attorney's Office filed a motion to determine Ray's qualifications to serve as lead counsel for Lewis' capital case. Ray doesn't even meet the Texas and American Bar associations' qualifications to be court-appointed counsel in a capital case. District Attorney David Weeks said during a hearing Tuesday at the Walker County Courthouse that is was "unfair" to Lewis and the county's taxpayers for Ray to proceed as 1st chair in the proceedings. I'll take it one step further. It is also unfair to the family of the victims. They deserve to see justice done so they might get a little closure, but a long, drawn-out legal process will continue to deny them that. Ray lacks the necessary experience, which hampers Lewis' right to due process. It was even revealed Tuesday that Ray had not signed and dated several motions that he had tried to file previously. Red flag. If the state gets a conviction and Lewis is sentenced to die by lethal injection, Ray's inexperience opens the door to a strong appeal for ineffective counsel. That could lead to a retrial, meaning Walker County would have to spend more money. That's unfair to the taxpayers. Lynch said Tuesday that she was under the assumption that Ray was qualified to try a capital case when she hired him on a $30,000 retainer. (I hear that capital case defenders ask for at least 3 to 4 times more than that because they often have to put their practice on hold until the case is resolved.) What the young attorney should have done, ethically, is tell Lynch that he wasn't qualified, but he would refer her to someone who was. Ray doesn't exactly have a lengthy resume for someone tasked with what I have been told by well-seasoned attorneys is the most difficult case to try. Ray said in court Tuesday that he has peeped his head into a courtroom where a capital trial was taking place. I sat in on a death penalty case more than that when I was covering the John Falk trial in Bryan. I look at it this way. This would be like if someone was rushed to the hospital in need of complicated brain surgery and decided they didn't want a brain specialist but a 2st-year doctor standing in the hallway. Sure, Doogie Howser M.D. might be up to the task, but he would probably tell the person to go with the more experienced doctor. Ray might be the next Ben Matlock or Perry Mason, but I would be willing to bet that those fictional characters in their younger years like Doogie, would have passed a death penalty case on to a more qualified attorney. Sitting lead counsel on a death penalty case is not and cannot be a learning experience for young attorneys. Life and death is on the line. Young attorneys should be cutting their teeth trying misdemeanor cases and working up to felonies. I understand that Ray is just trying to build his career. I get that. But he should have taken the help offered by the Texas Regional Public Defender for Capital Cases office. That agency has expert lawyers, mitigation specialists and investigators with years of experience trying capital cases. This is what they do, and I'm told they do it very well. The agency even offered to let Maverick stay on as co-counsel. He declined. But Lewis isn't helping his case any either. There was nothing legally that could be done to remove Ray as lead counsel. It is Lewis' Sixth Amendment right to choose who will represent him and he made it known that Ray was his choice Tuesday. Maybe there should be a law for capital cases where lawyers not appointed by the court have to meet the same qualifications as appointed attorneys do when the death penalty in on the table. I have witnessed more executions than I can count. And, in my opinion, if the government is going to continue to allow the death penalty as a form of capital punishment, the qualifications for defense and prosecuting attorneys to try these cases must be high. (source: Cody Stark, News Editor, Huntsville Item) ******************** 'Dead Man Walking' author Sister Helen Prejean to address death penalty at Houston appearances Catapulted into political advocacy by her 1982 decision to correspond with a double-killer, Louisiana nun Sister Helen Prejean has becomea champion of abolishing the death penalty. Her 1993 account of her friendship with Elmo Patrick Sonnier, "Dead Man Walking: An Eyewitness Account of the Death Penalty in the U.S.," was a clarion call to action for capital punishment foes. Houston Chronicle reporter Allan Turner spoke with her in advance of her appearance Sunday at Memorial Drive United Methodist Church and her appearance Monday at the University of Houston's M.D. Anderson Library. (source: Houston Chronicle) PENNSYLVANIA: Bethlehem murder trial pushed back from delays in jury selection A Bethlehem capital murder trial will be pushed back a day after the jury selection process has gone longer than anticipated. The trials of Rene Figueroa and Javier Rivera-Alvarado, both of Allentown, are now set to begin Tuesday, First Assistant District Attorney Terry Houck said Friday afternoon. Lawyers originally hoped to finish up jury selection by the end of the week, but the trial is still 2 jurors and four alternates short, he said. Potential jurors will report back on Monday to continue the interview process, he said. Figueroa, 34, is charged with the murder of Yolanda Morales and 21 other counts stemming from the gun battle outside the Puerto Rican Beneficial Society in South Side Bethlehem Dec. 2, 2012. He could face the death penalty if convicted of 1st degree murder, so jurors are being interviewed individually to ensure they would be unbiased if selected to serve. Prosecutors are simultaneously trying Rivera-Alvarado, 40, with three counts of attempted homicide and 17 related charges for his alleged role in the shootout. Police said Rivera-Alvarado and Orialis Figueroa got into an altercation inside the club that eventually sparked the deadly gun battle. Authorities allege Rivera-Alvarado shot three people, none of them fatally, before Orialis Figueroa knocked him out with a baseball bat at took his gun. Police said Rene Figueroa then came out of the club and opened fire, killing Morales and wounding 2 others before he eventually passed out after being shot by Orialis Figueroa. (source: lehighvalleylive.com) ************************** Autopsy reports presented in Raghunandan Yandamuri's Upper Merion murder trial 10-month-old Saanvi Venna did not die in the sauna in which her body was found four days after Raghunandan Yandamuri allegedly kidnapped her and killed her 61-year-old grandmother, Satyavathi Venna, forensic pathologist Dr. Paul Hoyer testified at Yandamuri???s trial Thursday. Hoyer told the court that because there were no flies or other insects around the child's body when she was found, it is likely she was moved from the place of her death to the sauna at the Marquis Apartments. Had she been killed and left inside of the sauna, Hoyer said, there would have been flies around her. During direct examination, Hoyer said he was able to rule Saanvi Venna's death a homicide and determined that the cause of death was suffocation. He called her death a "soft suffocation" and said that in the moments before her death she would have experienced air-hunger, a feeling similar to that of being underwater for too long and needing to surface for air. "It would be very unpleasant," Hoyer said in court. The death could have been very quick or that it could have taken awhile, Hoyer testified, and he could not be certain exactly how long it took. Prosecutors allege that Yandamuri, 28, placed a rag in Saanvi's mouth to get her to stay quiet and put a towel over her head to keep the rag in place. They further allege Yandamuri then put Saanvi in a blue suitcase to take her out of the apartment building without her being seen. It was likely she had been deceased for two to three days before investigators found her, Hoyer said. Of the grandmother, Satyavathi Venna, Hoyer said he ruled her death a homicide and found that she had been killed by 3 "chopping" wounds from the same point of entry, along with 3 stabbing wounds to the chest. It was within a reasonable degree of certainty that Satyavathi Venna was killed in the kitchen of the Venna family's 6th-floor apartment in Upper Merion, Hoyer said, and the killer was close to her when she was attacked. Hoyer said the chopping wounds to her neck would have required a "great deal of force." Prosecutors have said that the wounds that led to Venna's death contradict what Yandamuri told police during the morning of Oct. 26, 2012, when he confessed to the crime. In the confession, which he has since recanted, Yandamuri stated that when he had Saanvi in his hands, Satyavathi Venna went after him and he fell backwards, cutting her throat with a knife. Hoyer said that kind of action would not have cut Venna's neck so deeply, nor did it explain the stab wounds to her chest. Hoyer also noted a single defensive wound on Venna's left hand, which he said was most likely the result of her trying to grab the knife, or protect her neck, sacrificing her finger. The trial will resume on Friday with testimony from a county detective who traced Yandamuri's phone calls on the day of the killing and the day after. Prosecutors may close their case on Friday. Yandamuri is accused of kidnapping Saanvi Venna on Oct. 22, 2012 at the Marquis Apartments in Upper Merion and, in the process, of killing Satyavathi Venna. Yandamuri allegedly left a ransom note in which he identified the parents of Saanvi Venna by their nicknames, which investigators say were known only to a handful of close friends. Yandamuri, who is representing himself in trial, is facing 2 counts of 1st-degree murder, and, if convicted, may face the death penalty. If there is a penalty phase to the trial, Yandamuri will be represented by Henry Hilles. (source: The Reporter) **************** Michael Ballard changes his mind about being executed Just 5 weeks after standing before a Northampton County judge and proclaiming his willingness to accept his death sentence, Ballard now says he is interested in joining a pending lawsuit that could delay his execution indefinitely. Though he insisted this summer that he is "not afraid to die," Ballard told The Morning Call on Friday that the class action lawsuit's claim - that Pennsylvania's lethal injection method is cruel and unusual punishment - is one that he embraces. "I have no faith that the Department of Corrections can carry out an execution without [expletive] it up," Ballard said during an exclusive interview inside Northampton County Prison. "And I'm certainly not going to jump to the head of the line and let them guinea pig on me." The interview, the newspaper's 4th with the 5-time killer, came as Gov. Tom Corbett is expected next week to schedule a date for Ballard's execution, which the death-row inmate has challenged the state to carry out. Ballard was brought to the Easton jail amid that challenge, to allow a psychological work-up to determine whether he is competent to give up his appeals and seek an impending death. But his desire to be part of a broad challenge to the death penalty could represent a sea-changing development in his case. Pennsylvania hasn't put to death an inmate who fought his execution since 1962, with stays regularly issued to prisoners who have legal questions pending. District Attorney John Morganelli, who has called Ballard the "poster boy" for the death penalty, said Friday he was not surprised that Ballard is looking for ways to prolong his life. Morganelli likened Ballard to Martin Appel, who murdered three people during a 1986 bank robbery in East Allen Township, asked the state to put him to death, then ultimately decided to appeal. "I have no problem with it. I don't care if Mr. Ballard changes his mind," Morganelli said. "Mr. Ballard may have reasons for that. He's of above average intellect and he may have looked at this issue and decided he wants to fight." "I've been through this before with Appel, so it doesn't surprise me at all," Morganelli added. Speaking through the bars of a prison cell, corrections guards standing at the ready nearby, Ballard bristled over a reporter's question on whether joining the lawsuit could be seen as a "pretext" as the reality of his death nears. Ballard, 41, said he makes a distinction between the post-conviction appeals he is seeking to waive and a federal suit questioning the drugs the state uses during executions and the way they are administered. "Not wanting to be tortured to death? How is that pretextual?" Ballard asked. "Having no faith that the state can get it right with untested drugs?" But distinction or no, the decision would almost certainly slam the brakes on the prospect that Ballard would be executed any time soon. And the federal suit involves the same attorneys - the Federal Community Defenders Office in Philadelphia - that Ballard has excoriated as recently as Aug. 29 for trying to get involved in his case without his permission. By Ballard's own admission, he savagely knifed to death his former girlfriend, Denise Merhi, 39; her father, Dennis Marsh, 62; her grandfather, Alvin Marsh Jr., 87; and Steven Zernhelt, 53, a neighbor who heard screams and tried to help. "Nothing is to be preferred before justice." - Socrates At the time of the June 26, 2010, rampage, Ballard had recently been paroled from prison, where he served 17 years for murdering an Allentown man nearly two decades earlier. The state Supreme Court upheld Ballard's death sentence in November, citing overwhelming evidence in support of it. Luther Marsh, the brother of victim Alvin Marsh, declined to comment Friday. Efforts to reach a relative of Zernhelt were unsuccessful. Just last month, one of the Ballard's public defenders, James Connell, said he believed his client was firm in his desire to be put to death. "There's no talking him out of it," Connell said. "I think at this point, if the governor signs the warrant, he'll say, 'Kill me tomorrow.'" Michael Corriere, Ballard's lead attorney, said Friday that Connell has begun getting details on the federal suit after a request by Ballard. Corriere said he expects Judge Emil Giordano may want to ask Ballard about those potential legal avenues when he is next in Northampton County Court. "This is all new to us also," Corriere said. A hearing for Ballard is scheduled Oct. 14, when Giordano is slated to consider whether he is competent to waive his appeals. Both Ballard and Corriere said they expect it will be pushed back because Dr. Frank Dattilio, the psychologist examining Ballard, has indicated he will need more time to complete his report. The federal lawsuit was filed in 2007 by Bucks County killer Frank Chester, who was sentenced to die for a 1987 torture-slaying of a Levittown artist. It was created on behalf of the state's death row inmates, and anyone who may end up on death row while it is pending. It argues that the state's execution methods bring unnecessary pain to the condemned, and therefore violates their Eighth Amendment rights. Ballard also pointed to a recent lawsuit by the ACLU and four newspapers seeking to unseal records on the drugs the state acquires for lethal injections. He also highlighted botched executions recently in other states. "There are all sorts of lawsuits in play that I'm just now finding out about, that challenge the very things that I'm wondering myself: Can Pennsylvania carry out an execution without screwing it up?" Ballard said. He called that a "worthy fight, absolutely," and said such litigation is "something that I feel strongly about." One of the federal defenders, Billy Nolas, mentioned the federal suit in June to Morganelli during a meeting in which Nolas said he planned to represent Ballard in future appeals. Ballard has said he has barred the federal defenders from even visiting him on death row, and in court in August, Ballard turned to Nolas and gave him the middle finger. Ballard told Giordano that he "absolutely" did not want the defenders in his case. During Friday's interview, Ballard was asked whether that could change with the federal lawsuit. Ballard, who said he was unaware of the federal defenders' involvement in the suit, did not directly answer the question. "Needless to say, it's an interesting relationship already," Ballard said. (source: Morning Call) ***************** Experts dispute DNA evidence in York County death penalty trial 2 expert witnesses contested the validity of DNA evidence that could place Timothy Matthew Jacoby at the scene of the homicide he is charged with. Their testimony is pivotal in the death penalty trial in York County Court, because the defense contends that Jacoby had never met Schmeyer and the DNA evidence could cement a case the defense argues is solely circumstantial. Both sides offered up an expert witness with a differing opinion on the genetic evidence. In the second half of Friday's trial filled with jargon-laden testimony, the witness for the defense told the jury that the DNA found under Monica Schmeyer's fingernails after the March 2010 homicide does not rule out other suspects based on the tests she conducted. The prosecution's rebuttal witness countered that the tests sufficiently point to Jacoby as the man connected to the DNA. Katherine Cross, the DNA technical leader and partner at Guardian Forensic Sciences in Abington, testified before the jury that the DNA taken from the fingernails on Schmeyer's left hand does not conclusively identify Jacoby. She said conducted the initial tests while working with NMS Labs in Willow Grove as a DNA technical leader, in 2010. These tests focused on 11 genetic markers. "More markers could define whether it's Jacoby [or someone else]," Cross said. She also noted that DNA on the Schmeyer's right hand had other DNA in the fingernails. She added that had she known police had a suspect, she would have conducted a more conclusive test, which would have examined 23 markers. Cross introduced her report analyzing the findings from the original tests she took after determining Jacoby was a suspect. Cross's report said there could be up to 127 people in the area who would also have the same 11 markers as Jacoby. The prosecution's rebuttal witness, Christian Westring, director of criminalistics at of NMS Labs, said Cross's math is misleading because there are not 127 white men with the same gene sequence that would also come back positive. "It's irrelevant. I don't see the value in that calculation," Westring said. "The mathematics are incorrect and the philosophy behind those numbers are flawed." He said that even though there were more "discriminatory" tests, Cross's assertions do not factor in the high likelihood no one other than Jacoby's DNA could have been found under Schmeyer's fingernails. Earlier in the day, Cpl. David Krumbine said that shell casings found at Jacoby's parent's farm came from the same gun that had left a shell casing Schmeyer's home, but that he could not definitively say it came from the barrel investigators also found. The trial will resume Monday at 9 a.m. (source: pennlive.com) ALABAMA: Attorney: Death penalty drugs would cause 'agony' An attorney for an Alabama death row inmate said in a filing Friday that the state's new death penalty protocol would cause "agony" and "excruciating pain" to a condemned inmate, due to the unreliability of one of the drugs used. Last month, the Alabama Attorney General's office sought to set execution dates for nine individuals on the state's death row, saying in its motions that the Alabama Department of Corrections had developed a new death penalty protocol. Under the new procedure, the condemned would first be administered 500 milligrams of midazolam hydrochloride, a sedative; 600 milligrams of rocuronium bromide, a paralyzing drug and 240 milligram equivalents of potassium chloride, to stop the heart. However, Suhana Han, an attorney for Thomas Arthur, a death row inmate convicted in 1982 of a murder-for-hire scheme, wrote in a filing to the Alabama Supreme Court Friday that recent botched executions where midazolam hydrochloride was used suggest the drug is "utterly unreliable" as a sedative. "There is a high likelihood that midazolam will wear off before Mr. Arthur loses consciousness, such that Mr. Arthur will experience the excruciatingly painful effects of the second and third drugs," the filing said. The Attorney General's office did not have an immediate comment on the filing Friday evening. The protocol is similar to one carried out in Florida since last fall, and the Attorney General's office said in its filings that both the Florida Supreme Court and the U.S. 11th Circuit Court of Appeals had upheld the protocol. Midazolam hydrochloride has been present in varying doses in three botched executions this year, though its role in the complications that developed - including gasping and choking by the condemned men - is not entirely clear. Arthur sued to stop the state's earlier death penalty protocol in 2012, arguing in federal court that the sedative used in that procedure - pentobarbitol - would take too long to render him unconscious before the fatal drugs were administered. The state said earlier this year it had run out of its supply of pentobarbitol, causing a halt to executions in Alabama; it is not clear how or where the state obtained the drugs in the new protocol. Arthur's attorneys argued in their filing that midazolam has a "ceiling effect," meaning that a 500 mg dose would have no more of an effect than a smaller one. Oklahoma used 100 milligrams of the drug in executing Clayton Lockett last April; Lockett appeared to wake up after the fatal drugs were administered. Oklahoma officials now say a faulty IV hook-up was to blame. The filing also argued that the drug could cause Arthur to suffer a heart attack due to his current medical condition. "The State's new lethal injection protocol has not been examined by any court, and recent executions using midazolam have demonstrated that this drug is utterly unreliable as an anesthetic for purposes of Alabama's three-drug protocol," the filing said. Arthur's attorneys, citing the pending federal litigation, said the court should rule the state's attempt to set an execution date as premature. Alabama has used lethal injection as its primary method of execution since 2002. The state used sodium thiopental as its primary sedative until 2011, when manufacturer Hospira stopped making the drug in the United States. Most states with the death penalty have since struggled to find drugs that can be used to carry out executions. (source: Montgomery Advertiser) OHIO: Sides fail to agree on plea deal for Schobert murder defendant Shawn Ford Jr. Attorneys for a young Akron man accused of killing a prominent attorney and his wife in their Portage Lakes home have offered a guilty plea in exchange for life in prison without parole. Prosecutors turned down that request, and a death sentence for Shawn Eric Ford Jr. remains a possibility. The Summit County trial of Ford, 19, is expected to begin next week, possibly with opening statements Wednesday before Common Pleas Judge Tom Parker. Ford is charged with multiple aggravated murder counts and death penalty specifications in the April 2013 bludgeoning deaths of Jeffrey Schobert, 56, and his wife, Margaret "Peg" Schobert, 59, at their lakeside home in New Franklin. No firm date is set for opening statements. Lawyers for both sides still are involved in individual talks with potential jurors about their views on the death penalty and the issue of pretrial publicity affecting Ford's right to a fair trial in Summit County. Jury selection began last week, and the talks are continuing in the judge's chambers. On Sept. 19, according to transcripts of a hearing in open court, Summit Assistant Prosecutor Brad Gessner confirmed that a plea deal for Ford, with "some [form] of a life sentence," did not seem likely based on discussions that he said his office has held with Schobert family members. Parker, the transcript showed, then questioned Gessner about related informal discussions on the potential for a deal in which Ford would plead guilty, then go before a 3-judge panel to decide his penalty. A deal such as that could result in a death sentence. Gessner replied: "Your honor, that is not anything the state could offer. That is solely the defendant's call if he would choose to do that. Don Hicks, Ford's lead counsel, told Parker that prosecutors had brought up a plea deal, as something they would at least consider, "weeks ago." Hicks said Ford, in turn, gave him and co-counsel Jon Sinn the go-ahead to negotiate a plea involving "life with no parole." Both sides declined to reply to Beacon Journal questions on a possible plea, citing a court-imposed gag order. Jessica Schobert, the older of the slain couple's 2 daughters, did not immediately reply to an email seeking comment on the matter. Parker ended the Sept. 19 hearing by saying that if something changes in the state's position on a plea, "further discussions can be had." (source: Akron Beacon Journal) ****************** Suspect could face death penalty if convicted of killing co-worker Investigators say 2 co-workers got into an argument at The Blue Fig restaurant in Alliance. Now 1 is dead and the other is facing a possible death sentence. The suspect, 56-year-old Peter Ortiz, attended his 1st hearing from jail via video. Ortiz could face the death penalty if found guilty of murdering 26-year-old Akira Kirksey. "He wanted to be a rap artist like a lot of young men. He really had talent and it was unfortunate we live in a place great artists don't get recognized," says Akira's aunt, Carrie Barwick. Police say Peter Ortiz and Akira got into an argument. Ortiz went home. Came back with a gun hidden in his coat. Pulled it out and shot Akira 4 times. Akira's Family now deeply touched with senseless violence has a message for those turning to violence. "Love each other. Nothing, no matter what, is that deep to take someone's life. It you need time to get through something time. Time heals all and love will conquer all of this," says Barwick. Ortiz back in court October 10th for a Preliminary Hearing. Akira's family has set up a memorial fund with Buckeye State credit union. (source: WOIO news) ********************** Death penalty changes debated in Springfield State death penalty reform recommendations were discussed during a forum Thursday in Springfield. The event, held at St. Teresa Catholic Church and sponsored by Ohioans to Stop Executions, focused on a series of 56 recommendations issued in May by the Ohio Supreme Court???s Joint Task Force to Review the Administration of Ohio's Death Penalty. While the recommendations wouldn't eliminate the death penalty in Ohio, the panelists talked about ways the reforms could keep innocent people off death row. Springfield was 1 of several Ohio stops on the forum tour. "It's a conversation that needs to happen about what's happening and what's not happening," said Abraham Bonowitz, campaign consultant for Ohioans to Stop Executions. While no pro-death penalty advocates served on the panel, John Murphy, executive director of the Ohio Prosecuting Attorneys Association, said his organization supports the way the system is and the recommendations could damage it. "Many are questionable and if passed would make the death penalty virtually indefensible," he said. Murphy pointed to the recommendation that "Any in-custody interrogation shall be electronically recorded, or if not, statements are presumed voluntary" as an example of putting prosecutors in an unworkable position. Discussion is underway to package the recommendations into bills to be considered by the state in 2015, Bonowitz said. As of last month, 138 people were on death row in Ohio. Bonowitz said 4 of the 5 speakers on the panel previously supported the death penalty. Each had experiences that changed their views. Judge James Brogan, chairman of the Ohio Supreme Court Joint Task Force to review the Administration of the Death Penalty, was the only panelist not officially advocating abolition of the death penalty. As a prosecutor, he sent seven people to death row and often wondered if it was the right decision. "My belief is in these recommendations. We cannot risk execution of the wrong person," he said. Panelist Terry Collins was the director of the Ohio Department of Rehabilitation and Corrections for nearly 33 years and witnessed 33 state executions. "If the death penalty deterred crime, we wouldn't have anybody in prison," he said. "We have the best country in the world, the best criminal defense system in the world, but we can make mistakes. We do have an option in this state." Collins said the reinstatement of life without parole in the mid 1990s instead of execution is a better alternative and saw a reduction of an average of 15 to 17 death row inmates a year down to between 2 and 4. Panelist Joe D'Ambrosio was sentenced to death, exonerated and released in 2012 after serving 22 years, coming within 3 days of being executed. "Don't think it can't happen to you," he said. "If these recommendations had been in place, I'd have never been on death row. If we're going to have the death penalty, at least make it fair and accurate." Panelist Charles Keith has seen the death penalty issue from both sides. 1 of his brothers was murdered in a home invasion in 2007 and his family was in favor of it. Another brother spent 17 years on death row, and Keith fought to get his sentence commuted. His brother is now doing a life sentence. "We've got to come together and make it accountable," said Keith. (source: Dayton Daily News) From rhalperi at smu.edu Sat Oct 4 14:57:42 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sat, 4 Oct 2014 14:57:42 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 4 BANGLADESH: Let justice roll down like water Renowned Bangladesh's preacher Delawar Hossain Sayedee has been reprieved of death penalty. His capital punishment ruled by the International Crimes Tribunal (ICT) was commuted to life imprisonment by the Supreme Court stirring debates whether there was a secret pact behind the scenes between the ruling party, Awami League (AL) and Jamaat-e-Islami (JI) Bangladesh, although it was vehemently ruled out by the former. The ruling party, according to its election manifesto, has been trying many for war crimes and framing charges against many more which are allegedly politically motivated. There are reasons to suspect a secret deal. The 1st and foremost possibility is that the government wants JI to fend off Khaleda Zia-led Bangladesh Nationalist Party (BNP) in order to sap BNP's strength in its agitation against the government. Sayedee is a key JI leader. Sayedee's punishment has been commuted, even though other JI leaders were previously sentenced to death by the ICT for identical crimes against humanity committed during the war in 1971. For instance, the much-talked about trial of Abdul Quader Mollah generated much heat when he was first sentenced to life for similar crimes and then given death by the Supreme Court. ICT's verdict had provoked countrywide protests allegedly sponsored by pro-Awami League people popularly known as "Shahabaghis" forcing the government to amend the ICT law, which allowed complainants against war criminals to appeal to the highest court and accordingly Supreme Court found Mollah guilty of genocide and converted his life sentence to death. He was the 1st person whose death penalty was carried out. Surprisingly, the Supreme Court increased Mollah's punishment sending him to the gallows while Sayedee's death sentence was reduced to life. It raised questions if the ruling party is trying to appease JI to lure it away from the BNP-led alliance in order to weaken the anti-government protests, which are set to gain steam following the nationally and internationally unacceptable Jan. 5 general election in which more than half of lawmakers were elected uncontested, as the major political parties including BNP boycotted it. There are apparently serious flaws, government influence and pressure in the trial proceedings of war criminals raised by the United Nations and human rights bodies since it is the government which has appointed prosecutors, investigators and judges, some of them were allegedly associated with mock trials of these war criminals staged during 1990s. There was a Skype scandal in which conversations between ICT's presiding judge Mohammed Nizamul Huq and Ahmed Ziauddin, a war crimes expert of Bangladeshi origin living in Brussels were exposed. This eventually compelled Nizamul Huq to resign. There were neither international judges nor international lawyers allowed to participate in court proceedings. Even, renowned lawyer and expert on war crimes Toby Cadman was denied entry visa to witness the trial proceedings transforming ICT into a "domestic war crimes tribunal." Bangladeshis are no doubt in favor of trials of crimes against humanity. But they are distracted when these war criminals are being tried through less than fair means in the absence of recognized international principles and procedures. Unfortunately, what is happening, suggests predetermined trials. (source: Opinion, Shamsul Huda, Arab News) SINGAPORE: Death penalty the lesser of 2 evils The death penalty is essential to the operation of our society's legal system. ("Calls to abolish death penalty 'do not focus on victims of drug trade'"; Sept 27) It serves as a symbol of deterrence and goes a long way towards showing Singapore's zero tolerance for actions that compromise the well-being of our people and nation. Some may argue that in our evolution into a First World society, the death penalty is redundant, demonstrating a barbaric culture and a lack of forgiveness for those who have erred and committed acts that go against our society's values. The proposition for our death penalty system can be equally justified, though. Without it, drug offenders, murderers and other offenders of heinous crimes may well threaten the safety and lives of our friends and family. We could try to rehabilitate offenders and hope they will not repeat the offence, but this would ultimately be futile when faced with hardened or relentless criminals. Both our people's safety and our economy would be at stake. With no death penalty, the distribution of drugs would have detrimental effects on workforce productivity and on our children, our future generation. How can Singapore sustain itself then, especially in this globalising world? That said, I am not advocating the permanent use of the death penalty. Many Singaporeans may not see it as the ultimate solution to crimes such as murder and drug trafficking, although its benefits appear to outweigh the costs, even if marginally. Until we find a better solution, with less moral conflict, to serve the same purpose as the death penalty, it remains the lesser of 2 evils. (source: Letter to the Editor, Louis Lau Yi Hang, Todayonline.com) From rhalperi at smu.edu Sun Oct 5 15:45:04 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sun, 5 Oct 2014 15:45:04 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 5 THAILAND: Thailand beach murders: 2 Burmese suspects appear in court----The pair have been remanded in custody for a further 12 days and face the death penalty if convicted Burmese men have appeared in court charged with murdering Brit backpackers Hannah Witheridge and David Miller. According to police, the 2 men named Saw and Wyn, have admitted killing the pair on Koh Tao beach. They are also charged with rape and robbery, and appeared before a judge on the neighbouring island of Koh Samui. The alleged killers were remanded in custody for another 12 days. If convicted, they could face the death penalty. Yesterday the pair were paraded in front of officers in an unusual reconstruction of the crime. Wearing crash helmets and police vests the suspected murderers were taken to the same beach the young Brits were killed on. A tourist was chosen to play 24-year-old David while a female TV journalist took the role of Hannah. As well as the media, hundreds of locals came to watch. Tourists lined up to film the event and 1 couple had to be told not to cross police lines. Illegal immigrants Saw and Wyn, both 21, worked in a local bar. Another man, known only as Mau, is also being questioned. On the night of the killing all 3 were on the beach, smoking and singing while 1 played the guitar. David and Hannah, who had just met, had been drinking in a nearby bar. The 3 men watched as the couple walked past and then stopped behind rocks. Saw showed officers how he grabbed a hoe from a nearby vegetable garden and then brought it down on the back of David's head before dragging him into the sea. Police say both men then took turns raping Hannah while alternately smoking. Then Wyn allegedly smashed her head repeatedly with the same hoe which he threw away. It was found next morning. Thailand's national police chief, Gen Somyot Poompanmoung, said Saw and Wyn will now face murder, rape and theft charges. He claimed: "These 2 suspects are the men who committed the crime. "We brought them back to the beach so they could show us what they did. "We also discovered one of them had a mobile phone of one of the victims and the motorbikes they used that night." Gen Poompanmoung said DNA results, CCTV footage and other evidence confirmed the men's confessions that they had raped and killed Hannah and murdered David. Both are expected to appear in court on the mainland early next week. Post-mortem examinations revealed University of East Anglia graduate Hannah died from head wounds while David was killed by severe blows to the head and drowning. A full inquest will be held in the UK on January 6. (source: Daily Mirror) UNITED ARAB EMIRATES: Man on rape charge escaped from police bus as he feared death penalty, Dubai court hears A man who feared being given the death penalty for a rape charge escaped from a police bus after freeing himself from handcuffs. KA, 32, then took off to Ajman in a car driven by MA, 29. The bus was taking him and 12 others from court to holding cells at Al Rashidiya police station. Dubai Court of Misdemeanours heard that the Comoros Islands passport holder is facing a rape charge at the Criminal Court. He wriggled his hand free from a handcuff linking him to another prisoner before he made off, first in a taxi and then with his compatriot in the car. The incident happened on June 12 as policeman AA, 52, was taking the detainees from the Dubai Courts complex to their cells. The bus arrived at the police station and stopped in the car park, but before the officer managed to secure the detainees into their cells, the inmate escaped. AA was accused of helping the detainee to escape, which he denied. "I did not do that. I was assigned to carry 13 detainees and I had ask-ed for more officers to secure detainees at the time," he told prosecutors. The escaped inmate was in custody again 2 days later when police tracked down the car that had picked him up. They also arrested MA, who was charged with aiding and hiding a detainee. The escapee said he was told by a lawyer that he would be given the death penalty in his rape case, so he decided to flee. When questioned by police, the driver said he did not know KA was on the run, but thought he was out on bail. However, prosecutors said that the driver had confessed to helping his compatriot. "I picked him up and asked him how he managed to escape. He told me that he was handcuffed to a Pakistani detainee and managed to cut loose then run away," prosecutors quoted him as saying. "He told me he hailed a cab from near the police station and headed to Al Tuwar, from where I picked him up. "Then we both went to Ajman, where I was arrested 2 days later. "KA told me that he had asked the policeman to loosen his handcuffs because they were tight and hurting him, and after the policeman did so he managed to escape." The negligence charge against the policeman was dismissed but the escapee was convicted and sentenced to 6 months, to be followed by deportation. The driver was acquitted. (source: The National) INDIA: Hang 'honour-killers', says former SC judge Markandey Katju Former Supreme Court judge Markandey Katju has said only death penalty to the perpetrators will be able to eradicate the scourge of honour-killings in India. "The only way to eradicate such monstrous acts is giving death penalty to those found guilty", said the Press Council chairman in his blog posted on Saturday. Justice Katju referred to the most recent instance that happened in Madurai on Thursday, Gandhi Jayanti, when a young girl, belonging a backward community, was allegedly burnt alive by her parents in Madurai for marrying a Dalit lover. "I have said, with Justice Gyansudha Misra, in a judgment (Bhagwan Das Vs State of Delhi, 2011) that 'honour-killing must have only 1 punishment, death. We must strike terror in the hearts of these barbaric, feudal minded killers by hanging them. That alone will send a message that such horrendous acts are simply unacceptable in the modern age", said Justice Katju. He said it was tragic that Indians regarded a section of their own people, the Dalits, as inferiors even after more than 200 years since those memorable words in the American Declaration of Independence - 'We hold these truths to be self evident, that all men are created equal'. "When I said that we are still largely a very backward country, full of casteism and communalism, I was furiously attacked by some 'patriots'. But do such horrid deeds not show the truth of my statement? How many of us are willing to accept their daughter marrying a Dalit boy, even if he has a good character and is financially well off?" wondered Justice Katju, while recalling that in another case, Lata Singh vs State of U.P., he had said that if the parents disapproved of their daughter marrying someone, the maximum they could do was to break off social relations with her. They have no right to harm her. "But who listens to me? I have been accused of being a maverick, a publicity seeker, a person with a foot in the mouth disease, a crazy person, a person with a hidden agenda, and even (by one Chief Minister) a dog, when all I have been trying to do all along was to spread rationalism and scientific thinking to take my country forward", Justice Katju said. (source: Deccan Chronicle) From rhalperi at smu.edu Mon Oct 6 10:04:21 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 6 Oct 2014 10:04:21 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 6 VIETNAM: Thai woman arrested in Vietnam with nearly 2kgs of cocaine The cocaine, allegedly smuggled into Vietnam by a Thai woman whose name was only revealed as S.A, seized by Tan Son Nhat airport custom officials on Sunday. Photo credit: Tan Son Nhat Customs Agency Vietnam court upholds death sentence to Thai drug mule Tan Son Nhat airport's customs officers on Sunday arrested a Thai woman for allegedly smuggling 1.73 kilograms of cocaine into Vietnam. The Thai woman, whose name was only revealed as S.A., allegedly hided the cocaine, worth around VND11 billion (US$519,000), in a holder of incense sticks and packed it in her checked-in suitcase. During interrogation, she admitted to sneaking the cocaine through 4 countries before jetting in Vietnam, customs officials said, without revealing the names of those countries. Further investigations are underway. Vietnam has some of the world's toughest drug laws. Those convicted of smuggling more than 600 grams of heroin or more than 2.5 kilograms of methamphetamine face the death penalty. The production or sale of 100 grams of heroin or 300 grams of other illegal narcotics is also punishable by death. Last April, a court of appeals upheld the death sentence to a Thai woman, 32-year-old Chaimongkol Suracha, for smuggling 1.98 kilograms of cocaine from Brazil to Vietnam 2 years ago. Death penalty statistics are not released in Vietnam, but the punishment is handed down most frequently to those convicted of murder or drug-trafficking. Vietnam officially switched from the firing squad to lethal injection in November 2011. But it was not until last August that the country executed its 1st prisoner with the new method due to the unavailability of drugs used for lethal injections. There are currently around 500 people on the death row in Vietnam. (source: Thanh Nien News) SINGAPORE: Crucial to substantiate deterrent effects of death penalty The report "Calls to abolish death penalty 'do not focus on victims of drug trade'" (Sept 27) stated Law and Foreign Affairs Minister K Shanmugam's justification for the death penalty: Its deterrent effect and its importance in keeping us safe. First, criminology studies have demonstrated that certainty of enforcement provides a stronger deterrent effect than the severity of punishment. Further, the question is not whether the death penalty deters, but whether its deterrent effect is significantly greater compared with alternative punishments such as life imprisonment and caning to justify taking away the offender's right to life. As the death penalty represents the gravest form of punishment, it needs sound, supportable justification. Substantiation of its deterrent effect and role in protecting society, including the interests of drug victims, is therefore crucial. Failing to do so undermines the case for retaining the death penalty. And even if we assume that it does deter, there are moral limits to how far society should go to pursue the aim of deterrence. A deeper problem is that the punishment deprives offenders of human dignity and life, which should be respected even if they may be deserving of punishment. Therefore, whether capital punishment has a place in our society cannot be devoid of considerations of its moral permissibility. While the law is an expression of societal values, the death penalty is not the only way to express moral outrage. This can be expressed through alternative sentences such as life imprisonment. Should the death penalty be removed, this would not signal that society condones such crimes, but that society diminishes itself whenever we take a life and that such a punishment offends our common respect for the value of life. (source: Opinion, Priscilla Chia Wen Qi----todayonline.com) PHILIPPINES: What crime deterrence? WITH media abuzz with rapes of minors or kasambahays, riding-in-tandem criminals on motorbikes, and the Philippine National Police unable to arrest suspects, can calls for the restoration of the death penalty be far behind? The theory goes is that the death penalty can "strike fear in the hearts of the criminals." Even some lawyers who have sworn to "uphold the Constitution, obey the laws of the land and promote respect for law and legal processes, and shall not engage in unlawful, dishonest, immoral or deceitful conduct" or find extra-judicial killings or enforced disappearances acceptable to combat crimes. What are the facts to prove this assertion? Amnesty International Philippines came out with myth-busters contesting the efficacy of the death penalty. Here are some interesting conclusions. MYTH: The death penalty deters violent crime and makes society safer. FACT: There is no convincing evidence that the death penalty has a unique deterrent effect. More than 3 decades after abolishing the death penalty, Canada's murder rate remains over 1/3 lower than it was in 1976. A 35-year study compared murder rates between Hong Kong, where there is no death penalty, and Singapore, which has a similar size population and executed regularly. The death penalty had little impact on crime rates. In the Philippines, former Sen. Joker Arroyo, a long-time human rights lawyer and activist, asserted that the revival of the death penalty from 1993-2004 failed to reduce the number of violent crimes. MYTH: The threat of execution is an effective strategy in preventing terrorist attacks. FACT: The prospect of execution is unlikely to act as a deterrent to people prepared to kill and injure for the sake of a political or other ideology. Some officials responsible for counter-terrorism have repeatedly pointed out that those who are executed can be perceived as martyrs whose memory becomes a rallying point for their ideology or organizations. Khalid al-Mihdhar, Nawaf al-Hazmi, hijacker-pilots Mohamed Atta, Marwan al-Shehhi, and Ziad Jarrah looked forward to becoming shaheeds (martyrs) to earn their perpetual 72 virgins - and they did in 9/11. MYTH: All people who are executed have been proven guilty of serious crimes. FACT: With the advance of forensic science, the USA finds itself exonerating 144 death row convicts recorded in the USA since 1973 showing that, regardless of how many legal safeguards are in place, no justice system is free from error. As long as human justice remains fallible, the risk of executing the innocent can never be eliminated. Closer to home, the Free Legal Assistance Group (Flag profiled death row convicts and found that most of those who were sentenced to death are poor and improperly represented by lawyers during their trial. The majority was also arrested without warrants and unassisted by counsel during police investigation, questioning and interrogation. Flag cites a 2004 Supreme Court decision which pegged the judicial error rate at 72 %. It says that the high tribunal found police irregularities - including the use of shortcuts, or planted and recycled evidence - in the investigation of capital crimes. More statistics from the supreme tribunal. The Supreme Court revoked more than 1/2 of the death sentences it reviewed, as of end March 2002. It scrutinized 348 which affirmed a mere 158, or less than 1/. More could probably be absolved if the Philippine facility and expertise for DNA testing go beyond identification and parentage testing and use this cutting-edge forensic science on rape cases. Crime deterrence? Think again. Better that the PNP focus on crime detection to prove that crimes do exact payment of long stretches of jailtime. (source: Sun Star) From rhalperi at smu.edu Mon Oct 6 15:00:12 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 6 Oct 2014 15:00:12 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, PENN., ALA., KY., USA Message-ID: Oct. 6 TEXAS: Toddler death case: Jury selection this week Jury selection is scheduled this week in a potential death penalty capital murder case, involving the 2011 death of a 2-year-old child. A final pretrial hearing in the case against Arturo Aguilar Vega is scheduled Monday morning in the 354th District Court. A general jury pool setting is scheduled Wednesday and individual juror interviews is set to begin on October 13. A trial date will be announced once a jury is chosen in the case. Vega has pleaded not guilty in the death of Brandon Herrera and is the 1st of 2 defendants charged in the case to face trial. New indictments against Vega and Gabriela Ortiz were released March 28 and include several more potential causes of Herrera's death in July 2011. Vega and Ortiz both remain in custody in the Hunt County Jail, each in lieu of $2 million bond. The Hunt County District Attorney's Office is seeking the death penalty for Vega and for Ortiz, should they be convicted of capital murder. The original indictments filed against the pair claimed Herrera died as the result of either blunt force trauma, choking/strangling or smothering. The new indictments include additional potential causes of Herrera's death, including blunt force trauma, chronic blunt force trauma, choking/strangling, smothering, causing the victim to be dehydrated, causing Herrera to suffer malnutrition, suffocation and/or arrhythmia. Ortiz does not currently have a trial date set in the case. (source: KETR news) PENNSYLVANIA----new execution date//not serious Corbett signs death warrant for Baumhammers Gov. Tom Corbett on Monday signed the death warrant for convicted murderer Richard Baumhammers, who killed 5 people during a racially motivated shooting spree in the South Hills and Beaver County in April 2000. Baumhammers, 49, has been on death row in Greene County since an Allegheny County jury gave him 5 death sentences. A 6th victim died of his injuries seven years after the shooting. The execution is scheduled for Dec. 3. It is likely to be delayed, however, because of appeals and the state's difficulty in obtaining drugs used in executions. Corbett was forced to sign a temporary reprieve for death row inmate Hubert Michael Jr. last month in part because manufacturers stopped selling their drugs to states that used them in executions. Michael was sentenced to death for the 1994 murder of Trista Eng, 16, in York County. A spokesman for the governor's Office of General Counsel could not immediately be reached for comment. Pennsylvania has executed 3 men - all of whom voluntarily ended their appeals - since the U.S. Supreme Court reinstated the death penalty in 1976. The last person executed in Pennsylvania was Gary Heidnik of Philadelphia in 1999 for the kidnap and torture of 6 women, 2 of whom he killed. (source: triblive.com) ************************ 'A painful irony,' murder victim's ex-husband tells jury in York County death-penalty trial When 3 police officers knocked on the door of Jon Schmeyer's Hanover apartment on April 1, 2010, he hoped the news they bore was "a horrible April Fool's joke." Schmeyer took the stand Monday morning as the 2nd week of trial for a member of a social club he was part of, Timothy Jacoby, 41, of York, began on charges related to the shooting death of Schmeyer's ex-wife, Monica Schmeyer. While the prosecution was building the case Monday that Schmeyer made many statements at these social club meetings he and Jacoby both attended, saying he would give large amounts of cash to his ex-wife as part of a divorce settlement, Jacoby's attorney, Brian Perry, was indicating through his cross-examination that Schmeyer would be the one who would benefit financially if he no longer had to pay her expenses in the house they once shared in rural Manheim Township. In his testimony Monday, Jon Schmeyer recalled the day the Southwestern Regional Police officers told him about his wife's murder. "I was pacing and crying in my apartment," Schmeyer told the York County jury. Still hoping his ex-wife's death was a joke, he drove to the Trone Road home they once shared, and went inside. "There was blood everywhere," Schmeyer said. And from that police visit, he realized something else. "I was considered a suspect," Schmeyer said. He watched enough "Forensic Files" on television to know the husband or ex-husband is often accused of the crime, but testified he still called several people, and told them to cooperate fully with the police, "because there was nothing to hide." One of those calls was placed to Jacoby's fiancee, Sara Powell. Jacoby, Powell and Jon Schmeyer all regularly attended the informal meetings of the Orange Shorts Society, which would get together at the Hooter's restaurant in York. There was a meeting the day of Monica Schmeyer's death, but Jacoby was not present, testimony indicates. And just prior to that meeting, Jon Schmeyer had met with Powell at a nearby Panera Bread to discuss financial matters, he said. Their meeting was at 3 p.m. - around the time police say Monica Schmeyer was killed. Video surveillance backs this up, but Perry pointed out Schmeyer and Powell had never met alone, before or since. And on cross-examination, Perry was also building the case that finances could have been at play. Through a divorce decree, Schmeyer gave his ex-wife $1,700 per month - in cash since she had no checking account. He also covered many of her other day-to-day expenses. He wasn't happy about doing so, and would frequently mention this in conversation at the Orange Shorts Society meetings. While Schmeyer admitted to Perry he would discuss those payments, he said his discussions fell short of "complaining," though when Perry asked if he would, "call her the B-word," he said he did. Schmeyer testified, though, he would receive no financial benefit from her death. Their two daughters would evenly split his ex-wife's estate as well as the sale of the Trone Road home. Additionally, the divorce agreement that had him paying his ex-wife on a monthly basis was set to expire in a year. It was in 2012 when York County Det. Douglas Demangone told Schmeyer Jacoby had been arrested and charged in connection with his ex-wife's murder that Schmeyer reacted by telling the detective, "I'm responsible," testimony indicates. But Schmeyer explained what he meant was that Jacoby only knew about Monica Schmeyer through him. "Tim would have only known about Monica through me and what's even more painful is that Monica hated Hooter's and hated my associations at Hooters," he said. "It's a painful irony." And Chief Deputy Prosecutor Tim Barker came out and asked him on redirect, "Did you try to arrange to have anyone kill your wife, Monica Schmeyer," to which Schmeyer answered, "No, sir." The prosecution is expected to present 1 more witness Monday afternoon before resting its case. (source: pennlive.com) ****************** Death-penalty trial of Timothy Jacoby in its 2nd week The prosecution on Monday morning continued its parade of witnesses against a man accused of fatally shooting Monica Schmeyer inside her Manheim Township home more than 4 years ago. Timothy Matthew Jacoby, 41, of 1719 W. Princess St. in West Manchester Township, could be sentenced to death if jurors convict him of 1st-degree murder for the March 31, 2010, homicide. Trial began Sept. 29 and has continued to a 2nd week. On Friday, state police Cpl. David Krumbine, a ballistics expert, testified the lone spent .32-caliber shell casing found at the homicide scene matches 4 spent shell casings seized by police from the North Codorus Township farm of Jacoby's parents. Barrels seized: The .32-caliber gun used to kill Schmeyer was never recovered, although police found and seized 2 .32-caliber gun barrels - 1 from Jacoby's home, the other from his parents' farm. Jurors learned Thursday that Jacoby ordered a replacement barrel for his .32-caliber Kel-Tec pistol in November 2010, less than 8 months after Schmeyer was fatally shot in the head inside her Trone Road home. The exterior of that barrel had been filed down, Krumbine testified, as if someone was trying to make it fit the model Kel-Tec that Jacoby owned. The interior of the other pistol barrel had numerous scratches, Krumbine told jurors. He said it's his opinion someone used a sharp, hard object to scratch up the barrel's bore "in random directions." Can't be sure: Because of that, he said, he was unable to definitively determine whether the bullet found at the crime scene was fired out of that barrel. The prosecution alleges Jacoby - who was friends with the victim's husband - went to Schmeyer's home to steal cash because he knew she received large monthly alimony payments in cash. Testimony has revealed Jacoby was friends with the victim's ex-husband, ophthamologist Dr. Jon Schmeyer, and that Jon Schmeyer was at Panera Bread in West Manchester Township and the former Hooters restaurant in York with Jacoby's then-fiancee the afternoon of the homicide. (source: York Dispatch) ALABAMA: Trial in Auburn triple killings resumes The trial of a man charged with killing 2 former Auburn University football players is resuming in Opelika following the man's testimony that he fired in self-defense. Circuit Judge Jacob Walker told jurors to return Monday as the conclusion of the trial nears. Defendant Desmonte Leonard testified Friday that he began shooting at a party in June 2012 because he was on the ground being attacked and feared for his life. 2 former Auburn players were killed along with a 3rd man, and 3 more people were wounded. Leonard's testimony came after other witnesses said they saw him fire the gun but didn't see anyone assaulting him. Prosecutors are seeking the death penalty on a capital murder charge. Leonard could be acquitted or convicted on a lesser charge. (source: Associated Press) KENTUCKY: Prosecutors to decide whether to seek death penalty against Ricky Kelly Several years ago, state prosecutors dropped more than a dozen murder charges against Ricky Kelly hoping he would face a harsher sentence in federal court. Now, the case is being moved back to state court. Prosecutors say they will decide by next month whether to seek the death penalty against Ricky Kelly. Kelly is accused of shooting Lajuante Jackson in 2005. Kelly was once charged with 8 murders. State prosecutors dropped those charges, so he could stand trial for Jackson's death in federal court. But his federal case was dismissed after a key witness was gunned down in March. Kelly was then re-indicted in Jefferson Circuit Court in August. "It's a murder for hire, we believe, where he was paid to kill Lajuante Jackson. And under the aggravators, it is eligible for the death penalty," said Assistant Commonwealth's Attorney Leland Hulbert. Kelly's trial was also moved from March to June. He returns to court next month to ask for a bond reduction. (soure: WLKY news) USA: Inmate faces death in Williams case Federal prosecutors will seek the death penalty against an inmate charged in the fatal stabbing and beating of Eric Williams, a correctional officer at the U.S. Penitentiary at Canaan. "The defendant committed the offenses in an especially heinous, cruel, or depraved manner involving torture or serious physical abuse to the victim," U.S. Attorney Peter J. Smith wrote in a notice of intent to seek the death penalty against Jessie Con-Ui. Con-Ui is charged with murder and murder of a federal corrections officer. Con-Ui, 37, is accused of beating and stabbing to death Williams, 34, of Nanticoke, last year at the federal prison in Wayne County. The defendant repeatedly stabbed Williams with a shank and repeatedly kicked, stomped and slammed him in the head, face and torso, according to paperwork. Con-ui had been a member of the New Mexican Mafia. His role as an armed guard in the gang's trade of cocaine, heroin and methamphetamine in the early 2000s led to an 11-year federal prison sentence and his eventual transfer to Canaan. Smith, in a court filing, noted numerous aggravating factors in the prosecution seeking the death penalty. They include: -- The defendant had been previously convicted of a state offense resulting in the death of a person for which he was sentenced to life in prison. -- The defendant had been previously convicted on charges involving the use or attempted or threatened use of a firearm against another person. -- The defendant killed Williams in a heinous, cruel or depraved manner. -- The defendant committed the offenses against a federal public servant. -- The defendant committed the offenses after substantial planning and premeditation to cause the death of Williams. The defendant agreed to participate in the stabbing of other inmates in 1999 in a state prison in Florence, Ariz. Con-Ui also agreed to participate in multiple murders, including that of a law enforcement officer, in 2003 in Phoenix, Ariz., according to court papers. He was arrested before the murders took place. Also, in 2010, Con-Ui assaulted and stabbed another inmate at another state prison. Smith stated, "The defendant represents a continuing danger to the lives and safety of other persons." Con-Ui also has demonstrated an "utter lack of remorse," Smith said. (source: Wayne Independent) From rhalperi at smu.edu Mon Oct 6 15:01:42 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 6 Oct 2014 15:01:42 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 6 IRAN: EU deeply concerned by executions in Iran and imminent execution of Ms. Reyhaneh Jabbari Statement by the European Union spokesperson on October 4, 2014, Brussels "We are deeply concerned about reports on the imminent execution of Ms. Reyhaneh Jabbari, who was sentenced to death for the killing of a man. According to her she acted in self-defense while he tried to sexually assault her. We urgently ask the Iranian authorities not to execute Reyhaneh Jabbari and grant a retrial as questions have arisen about the integrity of the trial. We remain deeply concerned about the high number of executions that have taken place so far this year and call on the Iranian authorities to refrain from using the death penalty." (source: NCR-Iran) From rhalperi at smu.edu Tue Oct 7 11:49:48 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 7 Oct 2014 11:49:48 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, PENN., GA., ALA., MISS., OHIO Message-ID: Oct. 7 TEXAS: Supreme Court Rejects 4 Death Row Appeals----The U.S. Supreme Court rejects the appeals of 3 Texas inmates facing execution. The U.S. Supreme Court, without comment on Monday, rejected the appeals of three Texas men convicted of murder. Gregory RusseauM The high court refused to review the case of 44-year-old Gregory Russeau, an East Texas man condemned for the slaying of a 75-year-old auto mechanic during a robbery in Tyler more than a decade ago. Russeau was convicted and sent to death row for the fatal beating of James Syvertson at his auto repair shop. Syvertson's wallet and car were stolen. Russeau was arrested the next day in Longview in the stolen car. Russeau's initial death sentence was thrown out on appeal and he was sentenced a second time. The 5th U.S. Circuit Court of Appeals in March rejected an appeal that argued his trial legal help was deficient and that trial prosecutors used planted evidence against him. Derrick Dewayne Charles The court then rejected the appeal of 32-year-old Derrick Dewayne Charles, a Houston man on Texas death row for the slayings of 3 people at their home 12 years ago. Last November, the 5th U.S. Circuit Court of Appeals rejected arguments he had shoddy legal help at his trial. A Harris County jury in 2003 decided he should die for strangling his 15-year-old girlfriend, Myiesha Bennett, raping and strangling her 44-year-old mother Brenda Bennett, and fatally beating his girlfriend's 77-year-old grandfather, Obie Lee Bennett. Charles, then 20, was arrested a day after the 2002 attack at the Bennetts' Houston home. At the time, he was on parole following a burglary conviction. He confessed to the slayings. Robert Ladd The court also refused rejected the appeal of 57-year-old Robert Ladd's appeal, a Texas death row prisoner convicted of the slaying of a Tyler woman at her apartment. In April, the 5th U.S. Circuit Court of Appeals had turned down his appeal that he's mentally impaired and ineligible for execution. Ladd was convicted of killing 38-year-old Vicki Ann Garner in 1996. She'd been beaten with a hammer and her body, bound at the legs and wrists, was set on fire. At the time, Ladd was on parole after serving 13 years in prison for pleading guilty to 3 other slayings in Dallas. In 2003, he received a reprieve from the 5th Circuit about 9 hours before his scheduled execution. Scott Louis Panetti The highest court refused to consider an appeal from 56-year-old Scott Louis Panetti, convicted of fatally shooting his in-laws at their Fredericksburg home more than 20 years ago in front of his estranged wife and young children. Attorneys contend that Panetti is so delusional he can't understand why he was convicted and condemned. A year ago, the 5th U.S. Circuit Court of Appeals agreed with state lawyers and rejected arguments that Panetti is incompetent to be executed. Panetti's attorneys then took their case to the Supreme Court. Panetti has a history of mental problems and his case has made multiple trips through the courts. He was convicted of killing in-laws Joe and Amanda Alvarado. (source: nbcdfw.com) **************** Supreme Court rejects appeal The family of a Mount Pleasant woman who was brutally raped and murdered 18 years ago can finally look forward to her killer receiving the death penalty. Vicki Ann Garner, a member of the Mount Pleasant High School class of 1977, was killed on Sept. 25, 1996 in Tyler. The convicted killer, Robert Charles Ladd, was sentenced to death less than a year later, on Aug. 27, 1997. On Monday, her family received word that the U.S. Supreme Court has denied Ladd's appeal. Members of Garner's family now hope a date can be set for Ladd's long-awaited visit to the death chamber in Huntsville. Her younger sister, Teresa Wooten, said she got a call from a member of the state Attorney General's staff Monday morning. "I cried. It was very emotional. It's been a long time coming, and it was like reliving the whole thing," Wooten said. As a result over the years of being driven by the need to find justice for Vicki, today she serves as the sexual assault director at the SAFE-T center here in Mount Pleasant. Wooten said the state AG's office will now contact the district attorney in Tyler to set a date for Ladd's execution. On September 25, 1996, Vicki Ann Garner was found dead in her home. She had been raped and strangled to death. In addition, her home was robbed and then set on fire. A police investigation quickly connected Ladd to Garner's murder. Ladd's DNA was found on Garner, his hand print was found in Garner's kitchen, and Ladd had sold a TV set that had been taken from Garner's residence in exchange for crack cocaine. Soon after, Ladd was indicted for capital murder, because the murder occurred during the commission of burglary, robbery, sexual assault, and arson. On August 23, 1997, a Texas state jury convicted Ladd of capital murder, and, on August 27, 1997, the jury imposed the death penalty. "It took them 20 minutes to reach a verdict," Wooten said. "They said it was the fastest verdict in a death penalty case they had ever seen." Vicki's mother died in 2011 and her father in 2013. In addition to Wooten, she is survived by an older sister, Kathy Pirtle, who lives in Upshur County. Wooten said Monday she hopes a date with the execution chamber can be set before the end of the year, but practically speaking, the state does not schedule executions between Thanksgiving and New Years. The law also requires the subject of an execution have at least 30 days to prepare, she said. If the execution is not scheduled before the end of the year, she anticipates it will be sometime in January or February. (source: Daily Tribune) PENNSYLVANIA----new execution date set Execution date set for quadruple murderer Michael Ballard Death row inmate Michael Ballard's execution came one step closer to reality Monday afternoon when Gov. Tom Corbett signed the Allentown man's death warrant. But if Ballard has changed his posture and fights his execution as he claimed he will in a recent interview, his Dec. 2 execution date carries little meaning, Northampton County District Attorney John Morganelli said. In a statement Monday afternoon, Corbett announced he signed off on the state-sanctioned executions of Ballard and murderers in two unrelated cases, Richard Baumhammers and Robert Flor. State law requires the governor to sign the death warrants within 120 days of an opinion of the Pennsylvania State Supreme Court upholding an execution, Morganelli said. The warrants have had little meaning over the years as Pennsylvania has not executed an inmate who appealed his sentenced since the death penalty was re-instated in 1976. Ballard, of Allentown, appeared set to become just the 4th inmate executed by the state since then when he told the U.S. Supreme Court that federal defenders were representing him without his permission. The high court authorized a probe into his claims to see if disciplinary action was needed. "They are acting against my own wishes to waive my appeals," he wrote in a June 2 letter. However, in a recent interview with The Morning Call, Ballard said he intends to join a federal lawsuit over fatal cocktail of drugs the state Department of Corrections uses in its lethal injections. The lawsuit does not challenge the sentences, only that the current execution method violates the Constitutional ban on cruel and unusual punishment, according to court documents. Should he ask for a stay in the execution as the case works its way through the court, Morganelli said, Ballard's execution could be placed on indefinite hold. Ballard has not filed any court documents to join the lawsuit. "Although we have a December date and it has moved the ball forward, I don't think we'll be seeing Mr. Ballard's execution in December," the district attorney said. Morganelli speculated that if Ballard follows through and joins the lawsuit, it's reasonable to expect that Ballard would change his mind and appeal his sentence as well. Martin Appel, who killed three people during a 1986 bank robbery in Bath, followed a similar strategy, Morganelli said. "He will fall in line like all the rest of them," Morganelli said. "It's human nature to survive, and he's nothing unique." Ballard pleaded guilty to murdering 4 people in 2010 in a gruesome knife attack in Northampton. A jury sentenced him to death for killing Denise Merhi, his ex-girlfriend; Denis Marsh, her father; Alvin Marsh, her legally blind grandfather; and Steven Zernhelt, a neighbor who rushed into Merhi's home after hearing screaming inside. Ballard had recently been released from state prison for an Allentown murder. (source: Express-Times) ********************** Gov. Corbett signs death warrant for Robert Anthony Flor, convicted of the 2005 murder of Newtown Borough Police Officer Brian Gregg Gov. Tom Corbett on Monday signed a warrant of execution for Robert Anthony Flor for the Sept. 29, 2005, murder of Newtown Borough Police Officer Brian Gregg. Flor, 47, is scheduled to be executed on Dec. 4. On Oct. 23, 2006 Flor pleaded guilty to 1st-degree murder before the Honorable Alan M. Rubenstein in the shooting death of Officer Gregg inside St. Mary Medical Center. He also pleaded nolo contendere to attempted murder in the shootings of Newtown Borough Police Officer James Warunek and St. Mary Emergency Room Technician Joseph Epp, as well as to robbery and all other remaining counts. Officers Gregg and Warunek had brought Flor to the hospital for blood testing as part of a DUI arrest. After his handcuffs were removed, Flor seized Officer Warunek's gun and fired multiple shots. The Commonwealth had filed its notice of intent to seek the death penalty as a result of the following aggravating circumstances: 1) the victim was a police officer killed in the performance of his duties, 2) the defendant committed the killing during the perpetration of a felony, 3) the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense, and 4) the defendant had a significant history of felony convictions involving the use or threat of violence to the person. The penalty hearing began on Nov. 6, 2006, and concluded on Nov. 17, 2006, with the jury returning with a sentence of death. On that date, Judge Rubenstein imposed the sentence of death for the 1st-degree murder of Officer Gregg. Judge Rubenstein further sentenced Flor to a consecutive aggregate sentence of 65 to 130 years for the attempted murders of Warunek and Epp, and for robbery, recklessly endangering another person, escape, persons not to possess firearms, simple assault, terroristic threats, unlawful restraint and driving under the influence. Flor is awaiting a hearing pursuant to the Post Conviction Relief Act. He is among 184 Pennsylvania inmates currently facing the death penalty, 5 of whom were convicted in Bucks County. Gov. Corbett has now signed 40 death warrants during his administration. (source: Bucks Local News) ************* York County death penalty case The death-penalty murder trial of Timothy Matthew Jacoby resumed Tuesday morning in York County Court. He is accused of fatally shooting 55-year-old Monica Schmeyer in the head inside her Trone Road home in Manheim Township about 3 p.m. March 31, 2010. This is the 2nd week of trial for Jacoby, 41, of 1719 W. Princess St. in West Manchester Township. If jurors convict him of first-degree murder, they will then have to decide whether to sentence him to death. Prosecutors are arguing Jacoby decided to burglarize the victim's home after hearing Jon Schmeyer complain about the cash alimony payments. (source: York Dispatch) GEORGIA: Court Rejects Appeal of Murder Defendant Who Said Lawyers Pressured Him to Plead Guilty The Georgia Supreme Court on Monday unanimously rejected the arguments of a man who sought to undo his guilty plea for murder on claims that his lawyers had pressured him to plead guilty in order to avoid the death penalty. (source: dailyreportonline.com) ALABAMA: Details of Alabama execution procedure still secret Lawyers for an inmate on Alabama's death row say the state has kept them in the dark about most of the details of its new protocol for execution by lethal injection. "The state's new lethal injection protocol has not been examined by any court," attorneys for inmate Thomas Arthur say in a motion filed with the Alabama Supreme Court last week. Arthur, 73, has been on death row since 1983 for the murder of Muscle Shoals resident Troy Wicker. He was scheduled to be executed in 2012, but received a stay as Alabama wrestled with its problems obtaining execution drugs. Several states have faced shortages of key lethal injection drugs, largely because drug manufacturers in Europe - where there's significant opposition to capital punishment - refuse to sell the drugs for use in executions. State officials acknowledged earlier this year that they couldn't hold executions because they'd simply run out of drugs. Arthur's case lurched into motion again on Sept. 10, when state officials agreed on a new set of drugs for lethal injection. A day later, lawyers for the Attorney General's Office filed a motion with the Alabama Supreme Court, seeking execution dates for Arthur and 9 other inmates. That motion lays out the 3 main drugs the state now plans to use in executions: midazolam hydrochloride as an anaesthetic; rocuronium bromide to relax the muscles; and potassium chloride to stop the heart. The Attorney General's Office argued that the combination was "virtually identical to Florida's newly revised protocol, which has been ruled constitutional." Florida has executed 7 inmates since adopting midazolam, without significant difficulties. Other states that use midazolam have run into problems. An Ohio execution in January took 25 minutes, with the inmate gasping for breath, according to accounts in the press. In May, an Oklahoma inmate died 43 minutes after first being lethally injected. Florida's protocol uses a stronger dose of midazolam than the ones prescribed in Ohio or Oklahoma. Alabama's new protocol uses the same dosage as Florida. Still, it's not clear just how closely the new Alabama protocol follows Florida's. In Florida, executions conducted according to a 10-page set of instructions that outlines how prison staff will verify an inmate's death and when an execution process should be halted. Alabama has declined to release its full protocol. The details in the protocol can matter, said Richard Dieter, director of the Death Penalty Information Center, a nonprofit group that studies capital punishment. Dieter said an execution protocol can outline how much training prison staff should receive for executions. It can also explain what prison staff should do when things go wrong. "What if the execution doesn't work?" he said. "It's gruesome, but there are times when staff have decided an execution should just be stopped because it was done wrong." Oklahoma released a new protocol last week, in response to its botched execution in May. That protocol included new drug combinations, but also required more training for prison staff. When The Anniston Star asked for a full copy of Alabama's protocol last month, Department of Corrections officials said a court order in a capital case prevented them from releasing it. "While the department generally considers execution-related documents confidential and exempt from public disclosure under Alabama law, because of pending litigation, we are abiding by the court order and will not release any execution information," Department of Corrections spokeswoman Kristi Gates said in an email. That court order emerged from Arthur's case. In 2012, Arthur challenged the legality of an earlier drug protocol, and the state sought and got a gag order prohibiting the release of that protocol to the public. It's not the 1st time the state has sought to place its execution procedures under a gag order. There are similar orders in cases filed in 2006 and 2007. Arthur's lawyer, Suhana Han, said the state has yet to release the new protocol to her. "We're in the middle of litigation," she said. "There's no basis for the State of Alabama to refuse to provide us with a copy." Gates, the prison spokeswoman referred additional questions to the Attorney General's Office. Attempts to reach officials in the office for comment were not successful Monday. (source: Anniston Star) *********************** McCalla couple stabbed, beat their roommate to death while robbing him, court documents allege The McCalla man found murdered in his home this weekend was stabbed and beaten to death by his 2 roommates, court documents filed Monday allege. According to depositions filed after the arrests of 23-year-old Amanda Sheree Jones and Richard Cheyenne Simmons, 29, the couple stabbed and severely beat their victim, 52-year-old Micah Morton, as they robbed him in the home they shared on Billy Bob Drive. Morton succumbed to his injuries and was found dead in his home Saturday. Sgt. Dale Phillips, the commander of the Tuscaloosa County Metro Homicide Unit, said Sunday that Jones and Simmons had lived with Morton for several weeks before his murder. According to the deposition, the couple was found driving Morton's missing Chevrolet truck and carrying debit and credit cards belonging to him when they were tracked down and arrested at the Dollar General in McCalla. Both were charged Sunday with capital murder during the commission of a robbery and 1st-degree theft. There were taken to the Tuscaloosa County Jail, where they will be held without bail until their trials. The maximum sentence for a capital murder conviction in Alabama is the death penalty. (source: al.com) MISSISSIPPI: Miss. high court hears arguments in death row case A defense attorney on Monday asked the Mississippi Supreme Court to overturn the death penalty of Sherwood Brown, who was sentenced to death in 1995 for the slayings of 2 women and a teenage girl in DeSoto County. "It's clear that he's mildly mentally retarded," Brown's attorney, John R. Lane, told justices during oral arguments. The U.S. Supreme Court in 2002 barred states from executing mentally disabled inmates. Lane said Brown scored 75 on an IQ test. A score of 70 is widely accepted as a marker of mental disability, but medical professionals say people scoring as high as 75 can be considered intellectually disabled because of the test's margin of error. A special assistant state attorney general, Jason L. Davis, argued that Mississippi justices should uphold Brown's death sentence. Davis said a DeSoto County circuit judge made the proper ruling in 2013 by saying Brown's attorneys failed to prove the inmate has a longstanding mental disability. Brown, now 46, was sentenced to death after being convicted on 2 counts of murder and 1 count of capital murder. (source: Associated Press) OHIO----new death sentence Jury Recommends Death Penalty for Warren County Teen The sentencing phase of a convicted killer's trial began Monday and the jury has reached their decision. A jury recommended the death penalty for 19-year-old Austin Myers. Jurors found Myers guilty of killing 18-year-old Justin Back in January. Back was choked, stabbed, and shot inside his Waynesville home. A 2nd man accused in the murder, Tim Mosley, pleaded guilty and testified against Myers. After killing him, Myers and Mosley dumped Back's body in Preble County. The jury's recommendation would make Myers the youngest person on Ohio's death row. (source: WKRC news) ********************** Trial date set for multiple murder suspect Multiple murder suspect Donald Hoffman will stand trial Nov. 17, pending completion of psychological evaluations. Crawford County Common Pleas Judge Russell Wiseman said the court is awaiting findings from evaluations being completed on Hoffman. "It is doubtful they will be back by then," Wiseman said during a mitigation hearing for Hoffman on Monday morning. If that is the case, the trial will be rescheduled. Wiseman has set aside time for a 5-day jury trial. Hoffman, 41, was indicted on 21 charges, including eight counts of aggravated murder, in connection with the deaths of Billjack Chatman, Jerald Smith, Freelin Hensley and Darrell E. Lewis. The indictment includes two counts of aggravated murder per victim. The bodies were discovered Sept. 1 and 2. Meanwhile, Sara Lewis, daughter of Darrell Lewis, made claims to Channel 10 TV News on Monday that the Bucyrus Police Department dumped some of her father's ashes from a necklace when she was arrested on a warrant for failure to appear for an arraignment on a theft charge Friday. Bucyrus police Chief Dave Koepke said the claim is incorrect. "Officers were called to a disturbance on Friday at Circle K on Lane Street," Koepke said. Koepke said Lewis and another girl were having a dispute over personal property. "The officer realized there was an active warrant for Sara Lewis and brought her to the station," Koepke said. Koepke said Lewis gave permission for the officer to test a fine, brown and white substance that was inside a locket on a necklace she was wearing. "Only a very small amount was tested, was negative for narcotics and the necklace was given back to her with the remaining contents intact," Koepke said. Koepke said Lewis was released with a court date issued to her. She is to appear in court on Wednesday. Dressed in an orange jump suit and shackled Monday, Hoffman sat between his attorneys, father-and -son legal team Robert and Rolf Whitney. Wiseman gave his approval for a mitigation specialist to work for the defense. According to American Bar Association guidelines, a mitigation specialist is a mandatory part of the defense in any capital case to explore sensitive information from the defendant that the defendant may not otherwise disclose. Hoffman could face the death penalty if convicted. Wiseman also set a deadline date of Oct. 16 for jury questionnaires to be turned in to the court by both the defense and prosecution, Oct. 31 as the discovery deadline and Nov. 7 as the filing deadline for evidentiary matters. 8 of the victims' family members were in the courtroom for the quick hearing, including Mike Lewis, brother of Darrell Lewis. "I will be in court for all of his (Hoffman) hearings because I want to know what's going on. I don't want to hear things on the street, I want to hear it myself," Mike Lewis said. Donna Hardymon, daughter of Hensley, said she does not think Hoffman should have any freedom. "We do not think he should have all the freedoms that he does, such as the ability to write letters, have recreation time and use a telephone," said Hardymon, who took notes during the hearing as she sat with her husband and son. Brenda Hensley Lauthers and Roxie Messer, Hensley's sisters, along with their friend Ellen Fast, also were in the courtroom. "It upset me at the last hearing that Hoffman was chewing a piece of gum his attorneys gave to him. We feel that is disrespectful to the victims' families," Lauthers said. Messer is upset about Hoffman's recent haircut. "My brother can't get his haircut," Messer said. (source: Bucyrus Telegraph-Forum) From rhalperi at smu.edu Tue Oct 7 11:51:24 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 7 Oct 2014 11:51:24 -0500 Subject: [Deathpenalty] death penalty news----ARIZ., NEV., WASH., USA Message-ID: Oct. 7 ARIZONA: Potential jurors questioned at Arias penalty trial Lawyers began individually questioning prospective jurors for the penalty phase retrial of convicted murderer Jodi Arias, the next step in the effort to pick an impartial panel that will determine whether she receives the death penalty or life in prison. Potential jurors answered questions Monday about their views on the death penalty and whether they can fairly judge the evidence. 1 prospective juror was asked about her distrust of psychologists, while another discussed moral objections to the death penalty. Roughly 175 prospective jurors remain out of an initial group of 400 who were brought in for questioning last week. The retrial is expected to last into December. Arias was convicted of murder last year in the 2008 killing of her ex-boyfriend in Arizona, but jurors couldn't agree on a sentence. (source: Merced Sun-Star) NEVADA: Death penalty stands in '06 killing, dismemberment The Nevada Supreme Court has upheld the death penalty for a former math teacher convicted of killing his wife in a Las Vegas hotel room, then dismembering and cooking parts of her body. Justices issued a 5-2 decision Thursday saying there were no errors that merited a new trial for 74-year-old John Matthias Watson III Prosecutors say Watson lured his wife to Las Vegas from their Ontario, California home in 2006 on the pretense of celebrating her 50th birthday. But prosecutors say he planned the murder of Everilda "Evie" Watson for more than a month out of fear she'd take his money in a divorce. Prosecutors say Watson shot her, then cut her up with a band saw and wrote letters from jail admitting he cooked part of the body. (source: Associated Press) WASHINGTON: Jury selection in trials for Carnation murders could take months On Christmas Eve 2007, 6 members of an extended family were shot to death in a home in Carnation. After years of delays, the 1st of 2 aggravated murder trials is underway with jury selection that could take several months. This week, groups of 8 to 10 potential jurors are sitting in a courtroom in Seattle, answering questions from attorneys and a judge, mostly concerning their opinions about the death penalty. Joseph McEnroe and Michele Anderson are each charged with 6 counts of aggravated murder for the shooting deaths of Anderson's parents, her brother and sister-in-law and their 2 small children. Jury selection started last summer with the county sending out 3,000 summonses, hoping about 650 people would respond. "But the number of people who came in the door were more than we expected," said King County jury manager Greg Wheeler. Almost 750 responded. In 2010, Superior Court Judge Greg Canova presided over the aggravated murder trial of a man who killed 4 neighbors and set their Kirkland house on fire. "It was going to be more difficult to select a jury because of people's strong feelings on one side or the other of the issue of the death penalty." So, Judge Canova started with 600 potential jurors. "From that jury pool, with scheduling in advance, a set number of jurors to appear every day in subsequent weeks, it took us roughly 6 to 8 weeks to pick this jury." Judge Canova said that the jury that heard that 2010 capital case was a good cross section of the community, not just old people or employees of companies that pay their workers' salary during jury duty. The jury convicted Conner Scheirman and then voted again to sentence him to death. In the Carnation case, McEnroe is 1st to go to trial. The trial court is hoping to pick a final jury of 17, including alternates, just before Christmas. Then, the trial could last 4 months. You might wonder how anybody could sit on a jury that long, other than the retired or unemployed. Particularly with juror pay of $10 a day, unchanged since the Eisenhower administration, according to Wheeler. A few years ago, King County was part of a pilot project to gauge the need to raise jury pay, using minimum wage as a suggested increase. "The results surprised all of us, frankly," said Judge Canova. "The bottom line was, there was no appreciable increase in the number of people who were able to serve on jury duty." The Anderson-McEnroe case has dragged on due to multiple legal issues, including changes in defense attorneys and a challenge to the prosecutor's application of the death penalty. At one point, the trial judge tossed the death penalty but it was reinstated earlier this year by the State Supreme Court. The prosecution attempted to get a new judge assigned to the case, which would have meant even further delays. No trial date has been set for Michele Anderson. Oral arguments are scheduled for this Friday in King County Superior Court in a competency hearing. She has been found competent to stand trial in previous hearings. When opening statements are heard next year in the McEnroe trial, it will have been 7 years since the murders. The cost to prosecute and defend McEnroe and Anderson is approaching the most expensive case in King County history, the $12 million spent to investigate and try Gary Ridgway, the Green River Killer. (source: mynorthwest.com) USA: 6 Prison Stories Reveal How Flawed Our Justice System Really is After 14 years on Florida's death row, Frank Lee Smith died of cancer in January 2000, before he was exonerated of rape and murder. The DNA results not only cleared Smith of the crime, but also identified the true perpetrator, Eddie Lee Mosley. According to the Innocence Project, 311 people in U.S. history, 18 of whom were sentenced to the death penalty, have been freed after DNA evidence proved them innocent. The average DNA exoneree has served 13.6 years behind bars. In 2013, 9 men were exonerated. Flawed eyewitness testimony is a factor in 76% of wrongful convictions. False confessions play a role in 1/4 of them. DNA testing is not always an option. First, biological evidence - hair, blood, semen, or saliva - must be present and preserved. In 90-95% of major felonies, it's not. If it is, either prosecutors must consent to have the testing done, or the court must order it. In 19% of cases, this doesn't happen. Lastly, the testing must yield a conclusive result, an outcome reached in fewer than 20% of cases. Some of the following men spent many, many years behind bars before they were exonerated. Some never lived to see their innocence proved. 1. Wiley Fountain, Texas Wiley Fountain spent 15 years in prison for a 1986 rape for which he was wrongly convicted following a flawed photo lineup. The Dallas Morning News examined his case and wrote, "He was the only man wearing a dark baseball cap and light-colored warm-up suit, similar to what the attacker had on. He fit the rapist's description 'to a T,' a Dallas police officer later testified. The victim was sure. Prosecutors believed her. So did the jury. But all of them were wrong." DNA testing proved Fountain's innocence in 2002 and he was exonerated in March of 2003. In 2008, CNN reported, "Wiley Fountain is homeless just 5 years after he walked out of prison an innocent man ... For awhile, Fountain wandered the streets of Dallas, looking for aluminum cans to trade in for cash. He earned the occasional meal by cleaning the parking lot of a restaurant. At night he had nowhere to go. Now he's nowhere to be found. Just as the headlines of his release vanished from the front pages of the newspaper, Fountain, 51, has disappeared. And so have his hopes for a fresh start after spending 15 years in prison for an aggravated sexual assault he did not commit." 2. Michael Morton, Texas Texas Monthly ran a November 2012 investigative report on Morton's case. "On August 13, 1986," journalist Pamela Colloff wrote, "Michael Morton came home to discover that his wife had been brutally murdered in their bed. His nightmare had only begun." "When the guilty verdict was read, Michael's legs buckled beneath him." He was sentenced to life in prison. Morton spent 24 years wrongfully behind bars before DNA testing connected another man to the crime. The Houston Chronicle wrote, "For years, Williamson County had denied Morton's request to have the evidence in his case tested. Finally on Jan. 8, 2010, Morton was successful in getting investigators to perform DNA testing on the bandana found near the crime scene. The results showed that the DNA sample belonged to a convicted felon in California who had been in Texas during Christine Morton's murder." Morton was released from prison on Oct. 4, 2011. 3. Larry Peterson, New Jersey Larry Peterson spent nearly 2 decades in prison for the rape and murder of 25-year-old Jacqueline Harrison in 1989. In July 2005, six months after the 1st DNA results were released, the judge on the case vacated Peterson's conviction. But NPR reported that 2 years after his release, he was unemployed and was only beginning the long battle for restitution for his time in prison. 4. Damon Thibodeaux, Mississippi Thibodeaux was working as a deckhand on a Mississippi River workboat when he was convicted of raping and murdering his 14-year-old cousin. According to a Washington Post investigation, he "cracked at the end of a 9-hour interrogation and confessed ... 'I didn't know that I had done it,' Thibodeaux said at one point, according to a police transcript. 'But I done it.'" He spent 15 years in solitary confinement on Louisiana's death row before DNA evidence exonerated him in 2012. He was the 300th wrongly convicted person and 18th death row inmate exonerated in the U.S. based on DNA evidence. 5. Dennis Williams, Illinois Dennis Williams was convicted in Illinois in 1978 and sentenced to death. A young couple had been murdered in an abandoned house. Williams lived in the neighborhood where the couple was found, and was seen on the street the night of the crime. This is an amazing story: A group of journalism students at Northwestern took up the case in 1996. They came across a tip from a witness that the police never investigated, and looked into it because of the students' urging. Williams was cleared through DNA and released in 1996. He'd spent a total of over 17 years in prison and death row. In 1999, Cook County settled lawsuits filed by Williams and the 3 others convicted of the crime for $36 million, the largest civil rights payment in U.S. history. Dennis said that he would give all that money back in a heartbeat if he could have those 18 years of his life back. He'd barely been a free man for 6 years when his fiancee found him dead in their home. 6. Carlos DeLuna, Texas On Dec. 7, 1989, Texas executed Carlos DeLuna. He'd been convicted for stabbing and killing Wanda Lopez during a robbery in Corpus Christi. There were always doubts about DeLuna's guilt in the case. Andrew Cohen of The Atlantic wrote, "The DeLuna case was flawed at virtually every level" and that "his case reminds us of the glaring flaws with capital punishment." He continued, "On the day, sooner than you think, when the United States Supreme Court again outlaws the death penalty, the justices will almost certainly cite the DeLuna case as one of the prime reasons why." A May 2012 investigation published by the Columbia Human Rights Law Review strengthened claims of innocence by detailing a large amount of evidence suggesting the actual murderer was Carlos Hernandez, a similar-looking man who lived nearby. The prosecutor never returned evidence with DNA that could have freed DeLuna. (source: policymic.com) ********************* U.S. seeks death penalty in USPS worker murder case The United States has filed a motion of its intent to seek the death penalty upon the conviction of James Wayne Ham for the murder of a mail carrier with the United States Postal Service (USPS), announced U.S. Attorney Kenneth Magidson along with Inspector in Charge Robert Wemyss of the U.S. Postal Inspection Service (USPIS), and San Jacinto County District Attorney Richard Countiss. A grand jury sitting in Houston returned a 2-count indictment against Ham, 37, of Coldspring, on June 13, 2013. He is charged with 1 count of murder and 1 count of using a firearm in the commission of a crime of violence. The indictment alleges that on or about May 17, 2013, Ham committed premeditated murder of a USPS employee while she was engaged in the performance of her official duties and that he intentionally carried, brandished and discharged a firearm in the commission of that murder. The investigation began shortly following the receipt of a 911 call from the son of the now deceased USPS worker on Friday, May 17. He indicated he had been speaking with his mother via cell phone and heard 2 loud noises. His mother allegedly told him she had been shot. Shortly thereafter, the phone was disconnected, according to the complaint. Court documents allege the victim was shot on Friday, May 17, 2013, shortly after delivering mail at Ham's residence. The victim was on her normal rural delivery route in her personal vehicle. Ham allegedly shot her multiple times at close range with a .30/30 caliber rifle. Ham then allegedly drove the vehicle to a nearby secluded area and set it on fire. According to the complaint, the victim's body was discovered in her burning vehicle in San Jacinto County. Firefighters extinguished the flames and found the woman inside. The investigation eventually led to Ham after it was discovered he had allegedly complained previously about not getting his mail delivered properly, according to the complaint. Ham was located after an extensive manhunt and arrested without incident Sunday, May 20, 2013, near his home in San Jacinto County. If convicted, he now faces the death penalty. A variety of local, state and federal law enforcement agencies have been and will continue to work together in furtherance of the investigation and prosecution of this matter to ensure the proper administration of justice. The case is being investigated by the USPIS, San Jacinto County Sheriff's Office, Texas Rangers, San Jacinto Constable Precinct 4, Texas Department of Criminal Justice, Montgomery County Sheriff's Department, Texas Parks and Wildlife, San Jacinto County Fire Marshall and the San Jacinto County District Attorney's Office. Also providing assistance was the Bureau of Alcohol, Tobacco, Firearms and Explosives and the volunteer fire departments in Point Blank and Cape Royale. Assistant U.S. Attorneys Joe Magliolo, Casey MacDonald and Suzanne Elmilady are prosecuting. An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law. (source: yourhoustonnews.com) From rhalperi at smu.edu Tue Oct 7 11:52:20 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 7 Oct 2014 11:52:20 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 7 KENYA: Court hands 6 Kisumu fishermen death sentence for murder of 2 colleagues 6 fishermen charged with the murder of 2 of their colleagues have been sentenced to death by the Homa Bay High Court. David Ongata Opiyo, William Ayugi, Tilleny Odhiambo,Silas Onyango Odongo, Peter Otieno and Tiberius Ododa Nyangero were found guilty of murdering Lameck Olima Ochieng and Felix Ouma Odhiambo on the night of August 16 and 17, 2010 at Dhogunda beach, Usao sub location in Suba district, Nyanza. A 7th suspect, Paul Ochieng Oketch did not attend the court proceedings. "After carefully evaluating the evidence from both sides, this court has no doubt in its mind that on the material night Opiyo, Ayugi, Odhiambo, Odongo and Onyango, with others not before the court, killed Lameck," Justice David Majanja said reading the ruling. Majanja delivered the ruling as signed off by by Kisumu High Court Judge Lady Justice Esther Maina. The prosecution lined up 16 witnesses and submitted identification, recognition, malice aforethought and common intention before the court. The prosecution argued that even though the incident took place at night all the eye witnesses testified that the torches the attackers had and moonlight exposed their faces. A witness who was with the deceased escaped. He told the court that on the material day, the suspects approached them in two boats at around 2am demanding fish and money. He said they were armed with spears, pangas and stones. When they declined, the accused pelted them with the stones but he dove into Lake Victoria for safety. The fisherman said he hid under the water hyacinth for 45 minutes and saw the accused leaving with the deceased. He said the light enabled him to identify them as childhood friends. He later reported the matter to the families of the deceased and recorded a statement with the police. The court also heard that the nature of the injuries inflicted on the deceased and the other evidence presented were clear proof that the accused had intentions to kill. The accused requested a fair ruling saying they are their families' sole breadwinners and denied the charges against them. "I have considered the statements made in mitigation, however the law of Kenya is clear, it describes only 1 penalty for the offense of murder which you have been convicted of, and that is the sentence of death," Majanja read. "I therefore sentence Opiyo, Ayugi, Odhiambo, Odongo and Onyango accused to death for the murder of Lameck, but since the death sentence cannot be enforced twice, the sentence in respect to Felix is left in the abeyance," Majanja continued. The 6th accused, Tiberius Obada was sentenced to death in respect to Odhiambo's murder. They accused have 14 days to appeal the ruling. (source: The Star) IRAN: Iranian convicted in controversial murder case could escape execution An Iranian woman facing a death sentence in a murder case that some have labeled a miscarriage of justice may be spared the gallows, Iranian judicial officials said. Authorities were seeking consent from the family of the victim to vacate the capital judgment against Reyhaneh Jabbari, according to an Iranian judiciary spokesman, Gholam Hussein Mohseni Ezhei, who made the comments Monday at his weekly news conference. Meanwhile, the semi-official Iranian Students News Agency quoted the nation's justice minister, Mustafa Pourmohammadi, as saying that the hanging of Jabbari would be put off for at least 40 days. Observers said the comments likely meant that Iranian authorities had decided to commute the death sentence for Jabbari, whose case has been widely circulated on various social media forums. It was not clear if Jabbari could face more prison time if spared execution. Fears that her execution was imminent were raised late last month when she was moved to another prison, but then quickly returned to her original lockup. Jabbari was arrested in 2007 and sentenced to death in 2009 for the murder of Morteza Abdolali Sarbandi, a doctor and former Intelligence Ministry employee, according to a report by Human Rights Watch. The New York-based rights watchdog has called on Iranian authorities to cancel the execution. The case against her is murky, defense lawyers say. Jabbari admitted stabbing Sarbandi in the neck, but said that he had attempted to assault her sexually, Human Rights Watch said. She also asserted that a "3rd person" may have been responsible for the death, according to Human Rights Watch. Her lawyers have contended that the case was not properly investigated and that Jabbari did not receive a fair trial. In April 2014, Human Rights Watch said, Iran's judiciary halted Jabbari's execution to review the conviction and death sentence. Reached via cellphone, Jabbari's attorney, Parisa Ghanbari, said, "God willing, I will get a pardon from the victim's family and save her life." A friend of Jabbari described the prisoner as "very depressed and hopeless." In another controversial legal case in Iran, Yeganeh Salehi, a jailed Iranian journalist, has been released on bail, her family said Monday. She and her husband, Jason Rezaian, Tehran correspondent for the Washington Post, were arrested in July and had been held without formal charges. Rezaian, who holds both Iranian and U.S. citizenship, remained in jail. Media freedom groups have called on Iranian authorities to release the couple and other journalists jailed in Iran. (source: Los Angeles Times) AFGHANISTAN: Paghman rapists to be hanged to death on Wednesday According to reports, the Paghman rape convicts will be hanged to death on Wednesday. Sediq Sediq, spokesman for the Ministry of Interior (MoI) told reporters that the convicts will likely be executed tomorrow. The former President Hamid Karzai signed off on the order for execution of 5 criminals convicted of rape & kidnapping in Paghman incident 2 days before the transfer of power to Dr. Ashraf Ghani Ahmadzai. The Appeals Court of Kabul awarded death sentence to 5 of the 7 convicts of a group involved in brutal beating, robbery and gang-rape of 4 women in capital Kabul. The death penalty was approved by the Supreme Court of Afghanistan on 24th September. The convicts facing death penalty includes Azizullah, Nazar Mohammad, Qaisullah, Samiullah and Habibullah, who were involved in gang rape of 4 women. The women were initially abducted while they were returning from a wedding ceremony and were repeatedly raped besides their belongings were robbed by the gang. (source: Khaama Press) ******************* Delay Executions in Rape Case----Gravely Flawed Trial Adds to Injustice of Heinous Crime The Paghman case demonstrates how far Afghanistan is from providing criminal suspects a fair trial. The mishandling of this case should spur President Ghani to impose an immediate moratorium on executions, at least until Afghanistan conducts trials that meet international standards. President Ashraf Ghani of Afghanistan should delay the execution of 5 men convicted in a badly flawed trial following the gang rape of 4 women in Paghman district, near Kabul, Human Rights Watch said today. The men, who were convicted of robbery and extramarital sex (zina), are scheduled to be executed on October 8, 2014. President Ghani should order an independent review of the handling of the case by the government, including the police and the prosecutor???s office. "President Ghani has called for a review of Afghan's justice system, but he has an immediate opportunity to stop a grave miscarriage of justice," said Phelim Kine, deputy Asia director. "The horrendous due process violations in the Paghman trial have only worsened the injustices of this terrible crime." On August 23, a group of men in police uniforms, armed with assault rifles, stopped two cars in Paghman district outside Kabul, took money and jewelry from the passengers, and then raped 4 of the women passengers, 1 of whom was pregnant. The case against the accused has been riddled with serious problems from the start, beginning with public statements from then-President Hamid Karzai's office urging speedy death sentences before the trial had taken place. Numerous due process violations - including a manipulated lineup for identification, allegations of coerced confessions, the provision of mere days for the defense to prepare its case, and a cursory trial that included no real presentation of evidence - severely undermined the suspects' rights to a fair trial and a hearing by an independent court. The court seemed determined to hand down the death penalty in the case, applying a law allowing a death sentence even though the penalty does not appear to apply in the case. Very few crimes are eligible for capital punishment under Afghan law. International human rights treaties to which Afghanistan is a party only allow the death penalty for the most serious crimes when there is scrupulous adherence to fair trial standards. This case fell far short of those international standards. Human Rights Watch opposes the death penalty in all circumstances as an inherently cruel and irreversible punishment. A majority of countries have abolished the practice. On December 18, 2007, the United Nations General Assembly passed a resolution by a wide margin calling for a worldwide moratorium on executions. The case also highlights the dangers for female victims of sexual violence, who already face severe social stigma in Afghanistan. In one example, police investigators allowed journalists to watch the four victims identify the alleged attackers in a lineup on September 3, putting the victims at risk in a manner that may deter future victims of sexual assault from coming forward. "The Paghman case demonstrates how far Afghanistan is from providing criminal suspects a fair trial," Kine said. "The mishandling of this case should spur President Ghani to impose an immediate moratorium on executions, at least until Afghanistan conducts trials that meet international standards." (source: Human Rights Watch) THAILAND: Thai police chief defends investigation of murder of British tourists Thailand's police chief defended on Tuesday the arrest of 2 Myanmar men for the murder of 2 British tourists amid concern the pair may have admitted to the murders under duress. The bodies of Hannah Witheridge, 23, and David Miller, 24, were found on a beach on the southern island of Koh Tao, a normally tranquil spot famous for its coral reefs and diving, last month. Miller died from drowning and blows to the head, while Witheridge died from severe head wounds, examinations by Thailand's forensics department found. The killings have dented Thailand's image as a happy-go-lucky holiday paradise and come after the tourism industry, which contributes almost 10 % of gross domestic product, was already battered by months of political protest, a May 22 coup and military rule. Police were widely accused of bungling the investigation and pressure grew for them to solve it quickly. Last week, police said 2 Myanmar workers had admitted to killing the tourists and that DNA found on Witheridge matched samples taken from the 2 men. "I insist that all officials in this case have done a good job. A perfect job," national police chief General Somyot Poompanmuang told a news conference in Bangkok. The suspects, who have been identified only as "Saw Rim" and "Win", both 21, have been charged with the murder of both Britons and the rape of Witheridge. If found guilty, they could face the death penalty. But a lawyer contracted by Myanmar's embassy in Thailand to defend the suspects said the case was a "set-up and not based on hard facts", according to the Democratic Voice of Burma, an independent Myanmar news organisation based in Norway. "From what we have learned, there are inconsistencies with both the forensic report and evidence provided in the case," the lawyer, Aung Myo Thant, was quoted as saying. He was not available for comment. 'NO ABUSE' Police stressed the importance of their DNA evidence. "DNA found on the deceased's body matches the suspects," said Police Major General Suwat Chaengyodsuk, the officer who led the investigation. "This is something that cannot be denied." Police said a mobile phone belonging to Miller was also found on Saw. A 3rd Myanmar migrant worker is in police custody but has not been charged. Some rights groups have voiced concern over accusations of abuse during the investigation. "A number of serious allegations of physical abuse against Myanmar workers as part of the questioning process in this murder case have been raised to us," said Andy Hall, a rights activist and researcher based in Thailand. "The accusations do not concern the two or three persons currently detained for the murder. We do not have enough evidence or information at this stage to comment on how or if the two accused have been scapegoated for this crime or not." Migrant workers often face discrimination in Thailand and have been used as scapegoats for crimes before. But police denied using force during their interrogation. "I confirm that there was no abuse of any of the suspects," said lead investigator Suwat. The case will be forwarded to a court on Oct. 14. (source: Reuters) SOUTH KOREA: South Korea ferry captain admits he let passengers down The ship's captain at the heart of South Korea's ferry disaster acknowledged during his murder trial Tuesday that he should have done more to get passengers to safety as the boat started sinking. Testifying for the 1st time in court, Lee Joon-Seok said his decision-making process was paralysed by the shock of the incident, but insisted that he had never intended to sacrifice the lives of the passengers to save himself. The 6,825-tonne Sewol capsized and sank on April 16, with the loss of more than 300 lives - most of them school pupils. The captain and crew were vilified for abandoning the ferry while hundreds were still trapped inside, and criticised for ordering passengers to remain where they were when the ship began listing. "I was stunned by the accident and I lost my ability to make decisions," a visibly shaken Lee told the court in the southwestern city of Gwangju. "I failed to take the necessary measures for passengers to leave the ship. "(But) I swear I never thought passengers should be left to die in order for me to make it to safety first," he said. The bespectacled Lee, dressed in a khaki prison uniform with the number 3114, appeared tense and stammered during his testimony. The 69-year-old and 3 senior crew members are accused of "homicide through wilful negligence" - a charge that can carry the death penalty. 11 other crew are being tried on lesser violations of maritime law. The findings released Monday of a 5-month investigation by state prosecutors, concluded that a deadly combination of cargo overloading, illegal redesign and poor helmsmanship had caused the disaster. Under questioning by prosecutors in court, Lee said he knew that crew member Cho Jun-Ki, who was steering the ship after working the Sewol for only 6 months, did not have the required skill and experience. Lee, when asked if he should have taken the helm as the ship entered a channel notorious for its strong underwater currents, replied: "Yes, I guess so." The Sewol, which was overloaded and top-heavy following an illegal refit, made a sharp turn in the channel, causing it to list sharply to one side. This caused the cargo to shift, and the ferry was unable to right itself, eventually turning full turtle and sinking. Asked where he was when the ferry ran into trouble, Lee said he was in his cabin "smoking and changing clothes". He denied allegations by some crew members that he had been playing games on his mobile phone. "No, I wasn't playing a game. I wouldn't know how to. I was just holding the smartphone," he said. Lee has insisted that the ferry owners are the real culprits as it was their decision to habitually overload the vessel. (source: Zee News) NIGERIA: HURIWA Endorses Court Martial, Restates Demand for Probe of Defence Budgets Human Rights Writers Association of Nigeria (HURIWA), a pro-democracy non-governmental organisation, has thrown its weight behind the just-concluded court marshal, which tried and convicted some indicted military operatives for acts of indiscipline and other offences, and the recently inaugurated second court marshal by the Nigerian military authority. Besides, the rights group has further called on the federal government and the Nigerian National Assembly to initiate a transparent, open, accountable and comprehensive investigation of the opaque procurement processes in the Nigerian Defence and police sectors since the advent of civil rule in 1999 to ascertain how the state of combat readiness and the equipping of the nation's military and police deteriorated to such a sorry state that the country is finding it cumbersome to confront and defeat the armed Islamic terrorists (Boko Haram), who have waged a war of attrition against Nigeria since 2009. In a statement signed jointly by the National Coordinator, Comrade Emmanuel Onwubiko and the National Media Affairs Director, Miss. Zainab Yusuf, HURIWA said it was imperative that whilst the Nigerian system struggles to re-establish a strict disciplinary regime among the ranks and file of the Nigerian Armed Forces as it battles the bloody insurgency and terrorism in the North-eastern segment of Nigeria, it is equally germane that the country deliberately open a fearless probe of the remote and immediate circumstances surrounding the deep seated decline that have afflicted our military and how the once feared military organisation in the world has suddenly found it almost a huge task to defeat the seemingly ragtag Islamic terrorists that have threatened the corporate existence of Nigeria. HURIWA also cautioned Nigerians, who have rushed to condemn the recently passed verdict of the military court in Abuja, which tried and convicted over one dozen junior ranks for offences ranging from mutiny, cowardly conduct and attempted murder of a senior military commander because in the thinking of the group, the groundswell of impulsive condemnation of the military judicial system, which is grounded in the constitution of Nigeria is tantamount to justifying rascally and atrocious acts of criminal indiscipline, which are alien not only to the Nigerian military tradition but to the military as a unique institution around the world. The group similarly carpeted the Amnesty International and the Human Rights Watch of the United Kingdom and the United States of America for condemning the General Court Marshal in Nigeria by the military authority and challenged these groups to show Nigerians why acts of indiscipline by military operatives should be tolerated. "Amnesty International and Human Rights Watch should stop crying more than the bereaved and allow the legal and constitutionally permitted mechanisms in the Nigerian military to take its full course," it said. "Although we may not completely be in agreement with the complete judicial decision of the Court marshal, which turned in death penalty on some indicted military operatives, we are not against any legal process supported by the 1999 constitution, which are meant to infuse strict discipline amongst the members of the Nigerian military. "We advocate lesser punishment but certainly we are not ready to board the impulsive bandwagon of groups opposing any disciplinary moves to restructure and reposition the Nigerian military to assume its rightful position as the professionally competent and effective defenders of the territorial integrity of Nigeria. "Nigerians must be conscious not to jump into irrational condemnation of the military hierarchy for doing what is right and just. We hereby also advocate immediate and comprehensive investigation of all the expenditures invested in the procurement of military soft and hardware since 1999 to determine what happened to the humongous amount of money said to have been released to the Defence and Police sectors. "We propose the death penalty for convicted thieves [especially military Generals and top police ministry officials] of defence and police budgets of Nigeria for these persons are the worst saboteurs of the corporate entity called Nigeria," HURIWA stated. (source: This Day) INDONESIA: Bali murder took place after victim used racial slur----Indonesian police say Tommy Schaefer struck Sheila von Wiese Mack after she called him the 'n-word' According to an Associated Press report this weekend, Indonesian police said a former Oak Park woman who was found beaten to death and stuffed into a suitcase at a Bali resort in August was killed after she taunted her daughter's boyfriend with a racial slur. Heather Mack, 19, reportedly told police her boyfriend, Tommy Schaefer, 21, became angry after Sheila von Wiese Mack, 62, called him the "n-word." She said Schaefer struck her mother with a metal plant stand from the hotel. According to AP, Mack's lawyers said Mack did not confirm whether she witnessed the murder. "Our client did not mention [whether] the beating was intended to kill her mother or not. She just confessed to the police that Tommy beat her mother," Mack's Indonesian lawyer, Raja Nasution, said. Nasution also said Mack did not kill von Wiese-Mack or help stuff her body into the suitcase. Tommy Schaefer's mother, Forest Park resident Kia Walker, is working with the UK-based international anti-death penalty group Reprieve to get a lawyer for her son in Indonesia. Wednesday Journal attempted to contact Reprieve in both the U.K. and U.S. but received no response by Monday morning. Reprieve helped secure the legal help of Haposan Sihombing, an Indonesian lawyer, but Sihombing had to withdraw because of a potential conflict of interest, said Chicago lawyer Thomas Durkin, who said he is helping the family by working as Schaefer's U.S. attorney. Durkin said he did not have expertise in the Indonesian legal system, which was unlike the American or British system. "It's a very difficult situation and I'm doing these people a favor," he said. Schaefer is African-American, as was James Mack, the husband of the victim. James Mack was a renowned composer and jazz performer who died in 2006. The AP reported that, according to Indonesian police, during the argument Schaefer pointed out that von Wiese Mack's husband was black, and she allegedly replied that he was also rich. Reportedly, Indonesian police said a surveillance video in the St. Regis Hotel shows Schaefer entering von Wiese Mack's room with the plant stand concealed under his shirt. Bits of iron matching the plant stand were found in the victim's wounds, Indonesian police said. Later video from the corridor showed Mack bringing a cart to move the suitcase holding von Wiese Mack's body and Schaefer carrying the suitcase to the cart. The 2 abandoned the suitcase in a taxi and escaped through the hotel's back door. They were arrested the next day at a different hotel near the airport. Kia Walker's website asking for donations to help pay her son's legal fees has reached $10,600. In an update, Walker said she had been advised not to comment publicly on the reports from Indonesia. "I spent the weekend practicing self-care," she said on the website. "So far, $200 has been spent for Tommy's food expenses and phone privileges. I plan to visit him after charges have been brought. I've accomplished a great deal by staying home and being surrounded by my friends and chosen family," she wrote. "Along with the support of the fund, I am hoping my son receives a fair trial." (source: Forest Park Review) From rhalperi at smu.edu Tue Oct 7 14:38:03 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 7 Oct 2014 14:38:03 -0500 Subject: [Deathpenalty] death penalty news----GA., OHIO, USA Message-ID: Oct. 7 GEORGIA: Georgia: Court rules mean intellectually disabled murderer must die Nearly 14 years ago the state of Georgia asked 2 psychologists and a psychiatrist to evaluate a convicted killer named Warren Lee Hill Jr., who had filed a legal challenge to his death sentence on the grounds that he lacked sufficient intellectual capacity to understand why Georgia wanted him dead.. The psychiatrist, Thomas H. Sachy, who had no background in that kind of evaluation - he worked with brain injuries and seizure disorders - spent an hour with Hill, read some files, then shared his findings with the 2 psychologists, James Carter and Donald Harris, who together had spent 2 hours talking with Hill. They all concluded that Hill was malingering, understood what was happening and thus was eligible for execution. "Should the Court review this decision, this case would, in its factual concept be a perfect and definitive decision in this area of the law." - Thomas H. Wilson, Georgia Superior Court judge Why? Because fresh affidavits by the three experts withdrawing their initial opinions came too far along in the legal process to be considered in Hill's newest challenge. At the same time, the case spotlights Georgia's bizarre state requirement that to avoid the death penalty a defendant must prove intellectual disability "beyond reasonable doubt," the only state in the nation with such a stringent burden of proof (most others use the "preponderance of evidence" threshold, meaning the defendant is most likely intellectually disabled). So, no, states like Texas and Oklahoma don't have a lock on absurdity when it comes to the death penalty. Hill is not an embraceable petitioner. He was serving a life sentence for murder after shooting his girlfriend 11 times in 1986 when, four years later, he used a nail-studded board to beat a prison cellmate to death. He should be locked away from society and from fellow prisoners for the rest of his life. But Hill should not be executed, and that has come close to happening before. Beyond the general problems with the death penalty - the manipulation of the system by police and prosecutors, the inconsistent application, the base immorality of killing - Hill stands apart because of his intellectual disability. His IQ is 70, the threshold for determining disability, though that comes with a margin of error and in current practice should be viewed in conjunction with other observations of "adaptive behavior, which covers many everyday social and practical skills," according to the American Assn. on Intellectual and Developmental Disabilities. The Supreme Court agrees. Earlier this year it tossed out Florida's use of a "bright-line" 70-IQ threshold for determining eligibility for execution, ordering that, in essence, states must follow the most up-to-date professional standards in making such evaluations - which was the right call. That followed the 2002 ruling in Atkins vs. Virginia that executing those with intellectual disabilities violates the 8th Amendment's proscription against cruel and unusual punishment. The initial evaluation of Hill by the three experts was hastily done. In 2000 Hill had challenged his death sentence on grounds of intellectual disability (known as mental retardation at the time), and the experts were asked to assess him. They did so on Dec. 6 and Dec. 11, completed their report on Dec. 12 and testified on Dec. 14. In affidavits signed in February 2013, all three men said that in reviewing their initial findings, other material about Hill's capacities that was unavailable to them at the time and advances in understanding how intellectual disabilities affect behavior, they now believe he suffers from an intellectual disability that would make him ineligible for the death penalty. Georgia's counter-argument is that the new affidavits are not credible because they are not based on fresh evaluations of Hill, and that the petition is invalid. The problem is Hill already lost appeals on similar grounds - including the appeal that led to the three experts' initial evaluation of him. But that was before the experts changed their opinions. Still, Georgia Superior Court Judge Thomas H. Wilson ruled last month that Hill "has not cited any new law or any new evidence to overcome the procedural bar" to raising an appeals issue that had already been settled. He also ruled that the Supreme Court's Florida decision requiring an expansive definition of intellectual disability did not apply to Hill's case. But then Wilson invited the state Supreme Court to take up the issue, essentially kicking the final decision upstairs. "There is no public outcry calling for a change, but there exists the knowledge that this case involves the ultimate punishment and the defendant is at the end of his legal avenues of appeal," Wilson wrote in a 3-paragraph ruling. "Should the Georgia Supreme Court not grant an interlocutory appeal of this decision, it would be logical to assume that there is no doubt that the Court believes that Georgia law is constitutionally correct and justice will be served. Should the Court review this decision, this case would, in its factual concept be a perfect and definitive decision in this area of the law." The upshot is that the three experts whose opinions initially cleared the way for the death sentence now say they were wrong (four expert defense witnesses testified that Hill was disabled). But procedural rules, as they've been upheld so far, mean that the revised opinion has no weight. "Warren Hill is a man with documented, lifelong intellectual disability - a fact about him that has been confirmed by all seven doctors who have examined him, including three who previously testified in his case on behalf of the state," Hill's lawyer, Brian Kammer, said. "The fact that Mr. Hill has been unable to prove his intellectual disability, and ineligibility for the death penalty, is due to the flawed and unscientific standard required by the state of Georgia." And by a state court system that seems to believe that, in deference to a rulebook on how lawyers must work, an intellectually disabled man should be executed in violation of the 8th Amendment. As I've said before, this system is too screwed up to be relied on to determine who, ostensibly on our behalf, the government will kill. (source: Opinion, Scott Martelle----Los Angeles Times) **************** DA to seek the death penalty in Martinez church parking lot murder The local District Attorney intends to seek the death penalty for a man accused of shooting and killing a Martinez man in a church parking lot, court documents show. Daniel Robinson is also accused of hurting a woman and killing her husband who was trying to help in an attempted carjacking, officers said. Robinson's been indicted on nine felony counts including murder, possession of a firearm during the commission of a crime, hijacking a motor vehicle, armed robbery, aggravated assault and possession of a firearm by a convicted felon. For the murder charges alone, Robinson could have faced life in prison, life without parole or the death penalty if found guilty. In Augusta, Bill and Jenny Davitte stopped by the Marvin United Methodist Church to turn on the sprinkler system, investigators said. Robinson approached Jenny, who was sitting alone in her car, and started beating her in the head. Bill ran over to help his wife and Robinson shot him 3 times, officers said. Robinson took the car and was later caught by Florida Highway Patrol near Jacksonville. (source: WRDW news) OHIO: Cleveland Serial Killer Of 11 Seeks New Trial The Ohio Supreme Court is weighing arguments by attorneys for a Cleveland killer of 11 women that he deserves a new trial because a hearing about the suppression of evidence was closed to the public. Lawyers for Anthony Sowell also say a new trial is warranted because the judge in the case shielded the individual questioning of potential jurors. Prosecutors agree that Sowell deserves a new hearing over the suppression of statements made to the police, but not a new trial. Both sides filed arguments last week as part of the court's consideration of Sowell's overall appeal of his conviction and death sentence. The 55-year-old Sowell received the death penalty in 2011 for killing the women whose remains were found in and around his home. (source: WOSU news) USA: The death penalty's 5 big race problems The death penalty in the United States has a race problem. African Americans are vastly overrepresented on death row: 42 percent of death row inmates are African American, which is more than 3 times higher than their share of the US population. But it's not the racial disparities in the outcome that are most illustrative of the death penalty's race problem. It's the racial disparities throughout the entire process: African Americans are simultaneously the people most affected by death-penalty cases, and the people least likely to have a say in them. A feature in the fall 2014 issue of the Virginia Quarterly Review tells the story of North Carolina's Racial Justice Act, a 2009 law that aimed to uncover some of these racial discrepancies - and allow death-row inmates to have their cases reconsidered if they found enough evidence that their initial trial was racially skewed. The law was repealed in 2013, and the only inmates who got off death row under the law are in danger of having their death sentences reinstated. But as a result of the legislation, researchers and the public now know more about the racial dynamics behind jury selection in death-penalty cases. The article is a terrific read, but the issues it raises are much bigger than North Carolina. Here are 5 big problems that show how the death penalty sets up a vicious cycle when it comes to race. 1) Racial disparities in outcomes reinforce racial disparities in public opinion A slim majority of Americans - 55 % - support the death penalty. But that majority is the result of white support alone, meaning political support for capital punishment comes from the group that's least likely to be sentenced to death. 63 % of whites support the death penalty, as opposed to 36 % of African Americans (and 40 % of Hispanics). There's evidence that calling attention to the racial disparities doesn't make whites more wary of supporting the death penalty - it makes them more enthusiastic. One 2007 study looked at whether poll respondents were less likely to support the death penalty after hearing various arguments against it. It found that whites "actually become more supportive of the death penalty upon learning that it discriminates against blacks." (This is similar to other studies, which have shown white people are more likely to support harsh prison policies if they believe that black people are overrepresented in prisons.) 2) Racial disparities in public opinion affect who's allowed to get seated on juries You can't get seated on a jury in a death-penalty case if you oppose the death penalty. Jurors have to be willing to consider every option in sentencing - and in cases where the death penalty is an option, that means they have to be willing to consider sending the defendant to death row. If a juror isn't "death qualified" because he or she opposes the death penalty, he or she automatically gets bounced from the jury pool. As the Virginia Quarterly Review article shows, this means that a lot of potential black jurors get disqualified: Death qualification is 1 reason behind racial disparities on juries. More than 3 decades of research have shown that capital juries tend to be less representative of the general population because women and African Americans are more likely to disapprove of the death penalty than white men. In the early 1980s, University of California, Berkeley, sociologist Robert Fitzgerald and Stanford (now University of Michigan) psychologist Phoebe Ellsworth found that, among 811 eligible jurors in Alameda County, California, about 25 % of blacks were automatically excluded from capital-jury pools because of their disapproval, compared to 15 % of whites. 3) No matter what they believe, blacks are much less likely to get seated on juries in death-penalty cases When picking a jury, prosecutors and defense attorneys each get a certain number of peremptory challenges: free passes to veto people from serving on the jury without having to give a reason why. This is only after jurors have proved they're death qualified, which means the prosecutor has an advantage: If a potential juror seems overly enthusiastic about the death penalty, the defense attorney will have to spend a challenge to strike him, but a potential juror who is anti-death penalty will have already been bounced. Even black potential jurors who do support the death penalty often end up getting bounced by prosecutors. When North Carolina passed its Racial Justice Act, as the VQR article narrates, researchers were asked to conduct a review of the racial compositions of the juries that had sent North Carolina's death-row inmates to die - and who'd been left off those juries. Here's what they found: Over the 20-year period, prosecutors were more than twice as likely to strike qualified candidates who were black, and that the disparity persisted "statewide, by judicial division, by prosecutorial district." ...The factors often used to explain the dismissal of black (potential jurors) - reservations about the death penalty, economic hardships, past run-ins with the law - had no significant effect on the strike-rate disparity. That is: When these factors were accounted for and held constant, a black potential juror was still more than twice as likely to be struck. The researchers also found that more than 40 % of the inmates on death row had been sentenced by juries that were either all-white or included only one person of color. "prosecutors were more than twice as likely to strike qualified candidates who were black" Of course, it's illegal to strike a potential juror just because of race. That's the result of a Supreme Court case from 1986 called Batson v. Kentucky. But when North Carolina started reconsidering the cases of some death-row inmates under its now-repealed law, attorneys for the inmates found out how prosecutors were trained to get around this: A "cheat sheet" (was) acquired from one of the trainings overseen by the NCCDA. Formally titled "BATSON Justifications: Articulating Juror Negatives," the document lists nine specific race-neutral explanations - such as appearance, attitude, dress, and body language - and a 10th catchall - "any other sign of a defiance, sympathy with the defendant or antagonism to the State" - that "courts have approved as neutral explanations," according to Duke University law professor James Coleman. The training document didn't instruct prosecutors to strike jurors based on race and then pretend there was another reason. But if prosecutors wanted to do that, the document showed them how to get away with it. And prosecutors who'd been trained in "articulating" nonracial objections would be able to strike jurors just based on gut feelings. They'd only have to give a reason at all if the defense attorney issued a "Batson challenge" alleging that the decision was race-based, and then prosecutors would be able to use one of the judicially approved "race-neutral explanations." 4) Black defendants are much more likely to get the death penalty - especially from nonblack juries All of this means that a black defendant in a death-penalty case is unlikely to be tried by a jury of his racial peers. And the evidence shows that the absence of African Americans on death-penalty juries is a big factor in the overrepresentation of African Americans on death row. One study highlighted in the VQR article finds that black defendants are more likely to get sentenced to death no matter who's on their jury. But that disparity is compounded by the racial disparity on the jury. So while diverse juries are more likely to send black defendants to death than white defendants, all-white juries with black defendants are the most likely to sentence to death of all: In Philadelphia, juries, no matter their racial composition, sentenced black defendants to die at higher rates than nonblack defendants. Moreover, predominately non-black juries were significantly more punitive toward black defendants than were black-majority juries. In other words, the racial makeup of the jury and of the defendant heavily influenced the sentencing outcome. But another study the VQR highlights (which focuses on whether a jury found someone guilty, not whether they sentenced him to death) shows that black defendants aren't disproportionately punished as long as they have diverse juries: between 2000 and 2010 all-white juries in Florida were 16 % more likely to convict black defendants than white defendants, and that the conviction gap was "nearly eliminated" when the jury pool included at least 1 black member. It's possible that both are true - a diverse jury might not be any more likely to find black defendants guilty, but once they're convicted, the jury might still be more likely to sentence black defendants to death. Research conducted by psychologist Jennifer Eberhardt, who won a 2014 Macarthur Fellowship for her work on race and the criminal justice system, shows how deep the implicit bias of blackness with criminality goes in death penalty cases. One study she conducted looked at the facial features of death penalty defendants, and found that "the more stereotypically black a person's physical features are perceived to be, the more that person is perceived as a criminal.... Even in death penalty cases, the perceived blackness of a defendant is related to sentencing: the more black, the more deathworthy." There are 2 parallel processes going on here. First, both in the abstract and in a specific case, evidence suggests white support for the death penalty has some roots in implicit bias. Second, while black jurors could be a check on the implicit bias of white ones, African Americans are disproportionately excluded from the jury room. 5) Statistics are the only way to show these phenomena are widespread, but it's impossible to use statistics to challenge an individual ruling or case The problem that North Carolina ran into in implementing its Racial Justice Act, as the VQR article shows, is that once statistics about jury selection were collected, the state had to figure out what those statistics meant for individual cases. And as one opponent of the law said, the Constitution has some pretty high standards for judging each case on the merits, making it very hard to set rules for an individual case based on a general phenomenon. From the VQR: "The problem is, constitutionally, we can't use statistics when picking a jury," said Silver, one of the few black prosecutors in the state. "You're evaluating the jurors on the statistics. So in a very real sense the only way to remedy that is to have proper statistics. But to remedy by proper statistics is per se unconstitutional. Thus there is no way to comply with the statute." This is a typical dilemma when it comes to systemic bias. Juries in death penalty cases aren't racially skewed because prosecutors are individually, deliberately racist - or if they are, as the training document shows, they've learned how to cover their tracks. The death penalty's race problem is that a bunch of overlapping phenomena, which look neutral in any particular case, add up to a general disparity in who's represented on juries and who is sentenced to death. It's only possible to see that disparity once you zoom out to the level of statistics or aggregate research. But those statistics don't say much about what to do in an individual case - where, again, bias isn't immediately apparent. North Carolina's law was eventually watered down to require that defendants, in order to get off death row, prove racism had been at play in their individual cases. But even the watered-down version got repealed once Republicans took over the state legislature in 2013. But the law led to some important discoveries about the many ways race affects death-penalty cases - which, combined, mean the death penalty has a serious race problem. (source: Vox.com) From rhalperi at smu.edu Wed Oct 8 09:21:45 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 8 Oct 2014 09:21:45 -0500 Subject: [Deathpenalty] death penalty news----PENN., N.C., GA., ALA., TENN., LA., OHIO Message-ID: Oct. 8 PENNSYLVANIA: Death row inmate Michael Ballard's court hearing delayed by mental health report A court hearing to establish Michael Ballard's competency to waive his appeal rights has been pushed back a month because a mental health report on the 5-time killer will not be ready in time. Northampton County Court officials said Ballard is now due to appear Nov. 17 instead of Oct. 14 before Judge Emil Giordano. Ballard pleaded guilty in 2011 to murdering his ex-girlfriend Denise Merhi; her father, Denis Marsh; her grandfather Alvin Marsh, and Steven Zernhelt, a neighbor who rushed into Merhi's Northampton home after hearing screams inside. A jury sentenced him to death for each murder as part of a guilt-phase trial. After the Pennsylvania Supreme Court upheld his death penalty sentence, Ballard said he would not contest his punishment. When public defender Marc Bookman filed a motion on his behalf in federal court, Ballard wrote the U.S. Supreme Court claiming Bookman was acting against his wishes; the high court authorized Pennsylvania officials to conduct a probe into Bookman and possible discipline against him. Giordano ordered the mental health evaluation to determine if Ballard is of sufficiently sound mind to decide against appealing his sentence. Ballard himself opposed the evaluation in August to no avail. "I understand the court's hesitancy to make the determination," Ballard said. "The reason I'm opposed to it is that it's not necessary. There is not a question as to my sanity." Since then, Ballard has told The Morning Call that he intends to join a federal lawsuit challenging the drug cocktail Pennsylvania uses in its lethal injections. As of Tuesday afternoon, he had not filed any court documents to join that lawsuit. If he does join the case, he could request a judge grant a stay in his execution scheduled Dec. 2 until the litigation is resolved. ************************ Bethlehem murder trial ready to begin after jury selection completed After 2 delays, attorneys are scheduled to make their opening arguments in the South Side Bethlehem gun battle trials Wednesday morning. Attorneys finished selecting the jury Tuesday afternoon to weigh the evidence against Rene Figueroa, 34, and Javier Rivera-Alvarado, 40, both of Allentown. Police said the 2 men opened fire on a group of people Dec. 2, 2012 outside the Puerto Rican Beneficial Society. Yolanda Morales was fatally shot in the heart in the exchange, and 3 others were wounded, according to police. Figueroa and Rivera-Alvarado were also wounded in the deadly exchange. Figueroa is charged with 22 counts, including the criminal homicide. He could face the death penalty if convicted in her murder. Rivera-Alvarado faces 20 charges, including 3 counts of attempted homicide. The case was set to start Monday, but jury selection took longer than anticipated. Court officials had to scramble to call more residents in Tuesday morning after the pool of 164 people produced only 11 jurors. Authorities said Rivera-Alvarado and Orialis Figueroa got into a heated argument inside the club because Rivera-Alvarado didn't like the way Orialis Figueroa was eying Rene Figueroa's diamond and gold jewelry. Orialis Figueroa retrieved a baseball bat from his car so he could escort his family out, but Rivera-Alvarado approached him from behind with a gun, police said. Orialis Figueroa swung his bat at Rivera-Alvarado but missed and was shot in both legs, police said. At that point, Morales and Angel Figueroa came to his aid, but Rivera-Alvarado shot Morales in the arm, police said. Their distraction gave Orialis Figueroa enough time to bash Rivera-Alvarado over the head with the bat, knocking him unconscious. Rene Figueroa exited the club and opened fire at this point, killing Morales and wounding Angel Figueroa, police said. Using Rivera-Alvarado's gun, Orialis Figueroa shot back, and the 2 circled 1 another exchanging gun fire, police said. Both men eventually collapsed from multiple gun shot wounds nearby, police said. Local and federal authorities said Rene Figueroa and his fiance, Sonia Panell, later tried to hire a hitman to execute witnesses to the shooting. The man she approached was actually an FBI informant who recorded their conversations, according to court documents. She has pleaded guilty in federal court but is trying to withdraw her plea. Figueroa is not on trial this week for soliciting murder-for-hire, but prosecutors plan on introducing his scheme as evidence of his guilt. (source for both: lehighvalleylive.com) NORTH CAROLINA: NCCU law program to focus on exoneration of 2 N.C. men The N.C. Central University School of Law will host a program on the exoneration of Henry McCollum and Leon Brown at 5:30 p.m. Oct. 21, in the Turner Law Building on campus. The NCCU Law Innocence Project and Death Penalty Project are co-sponsoring the event called "Innocence on Death Row: The Case of Henry McCollum and Leon Brown," according to a release from the university. The event is open to the public. Brown and McCollum were released from prison in September after serving 30 years for convictions in the rape and murder of a Robeson County 11-year-old. The 2 half-brothers were exonerated in Superior Court following a presentation by the N.C. Innocence Inquiry Commission that demonstrated how DNA evidence linked another man to the 1983 crime. Speakers for the Oct. 21 event will include attorney W. James Payne, who served as counsel for Leon Brown, and attorney Sharon Stellato, a 2006 graduate of NCCU Law and associate director of the North Carolina Innocence Inquiry Commission. They will discuss the 1983 investigation and trial of Brown and McCollum, factors that led to their convictions, and details of the Innocence Inquiry Commission's work that resulted in exoneration. A reception will take place in the Great Hall of the Turner Law building from 5 p.m. to 5:30 before the 1-hour presentation. (source: The Herald Sun) GEORGIA: McPherson sentenced to life without parole for 1998 murder Convicted murderer Mark McPherson shuffled away from the lectern and sat down, ignoring the judge's order to return. Three Floyd County deputies quickly surrounded McPherson and ushered him to his feet. He then returned to face Superior Court Chief Judge Walter Matthews and his sentence of life in prison without the chance of parole. "I wish there were some magic words, but there aren't," said McPherson, 49. "Sorry doesn't really fit, but I really am sorry. It was a long time ago. I have changed. I'm not that same guy, and I am sorry." McPherson's Tuesday acceptance of a deal with prosecutors puts him in prison for life and removes the possibility prosecutors will seek the death penalty for the 1998 murder of Linda Ratcliff, 56. A jury in 2000 convicted McPherson of Ratcliff's murder. Sentenced to death, he appealed and won another sentencing based on his attorney's failure to present certain evidence to jurors. His conviction, however, remained in place. The state Supreme Court found that at least 1 juror would have opted for life or life without parole for McPherson if the panel had heard about his physical abuse and neglect as a child, as well as his drug use and time spent in numerous foster homes, detention centers and group homes. District Attorney Leigh Patterson said Tuesday's agreement ends a legal process that could have extended for years. "This sentencing agreement is something we've been working on for a long time with the victim's family and this defendant," Patterson added. "Life without parole brings an end to it." Jennifer Woods, Ratcliff's daughter, was the only one to speak to Matthews on behalf of the family. She slowly approached the lectern with the help of a cane, asking 3 of Ratcliff's grandchildren to stand after reaching the microphone. "I just wanted him to see those children and realize what he took away from them," Woods said. "That's all I have to say." Matthews told McPherson he remembered details from the trial, and agreed with the jury's verdict. "The fact is this was a very heinous crime," the judge added. McPherson was living with Ratcliff when he murdered her. He stayed 2 days in a 5-day detoxification program before leaving, finding his victim and hitting her in the head and face with a hammer more than 20 times. Ratcliff had told co-workers she planned to leave him. McPherson then stole her car, cell phone, credit cards and some cash, which he later used to barter for drugs, police reported. (source: Rome News-Tribune) ************************* District Attorney will seek death penalty in Daniel Robinson case District Attorney Ashley Wright will seek the death penalty against Daniel Robinson. Robinson is accused of murdering William Davitte and shooting Jennifer Davitte outside Marvin United Methodist Church before fleeing to Florida in their stolen car. He was later captured and extradited back to Columbia County to face charges. Robinson is being charged with several crimes, including: --Murder --Possession of a Firearm During the Commission of a Crime (2 Counts) --Possession of a Firearm by a Convicted Felon --Hijacking a Motor Vehicle --Armed Robbery --Aggravated Assault (source: NBC news) ALABAMA: Man convicted of murder in shooting deaths of 2 ex-Auburn players An Alabama man was convicted of capital murder Tuesday in the shooting deaths of 2 former Auburn University football players and a 3rd man, with a jury rejecting claims that he fired in self-defense under Alabama's "Stand Your Ground" law. Jurors returned the verdict against 24-year-old Desmonte Leonard after nearly 5 hours of deliberations. The capital charge carries a possible death sentence, but life without parole also is possible. Circuit Judge Jacob A. Walker III told jurors to return Wednesday for a sentencing phase that could include additional evidence. Jurors will recommend a sentence of life or death and the judge will make the final decision. Leonard didn't have any visible reaction to the verdict, but a female relative left the courtroom crying. "He's facing the death penalty so you can imagine his spirits aren't very high," said defense attorney Susan James. Prosecutors declined comment after the verdict. Relatives of the victims held hands and nodded in agreement as the guilty verdict was read. The Montgomery man was charged with fatally shooting ex-Auburn players Ed Christian and Ladarious Phillips at party in Auburn in June 2012. DeMario Pitts of Opelika also was slain, and 3 other people were wounded. Jurors also convicted Leonard of assault and attempted murder, but he was acquitted of 1 count of attempted murder. The panel rejected Leonard's claim that he opened fire after coming under attack at the party, held at an apartment complex a few miles from campus. They asked for a legal definition of self-defense and Alabama's "Stand Your Ground" law before convicting Leonard a few minutes later. Prosecutors said Leonard deliberately killed the men after a fight broke out between his friends and other partygoers. Leonard's attorneys did not dispute that he fired the fatal shots, but they said he pulled out a gun to protect himself and was particularly susceptible to threats because of the psychological effects of being shot in the abdomen in 2008. "This case wasn't a whodunnit. He got on the stand and said he was sorry about it," James said. James told jurors in closing arguments Monday that Leonard was on the ground being kicked when he pulled a gun and randomly fired in order to escape. Lee County District Attorney Robert T. Treese said witnesses testified that Leonard was not involved in the fight and was never in danger. Prosecutors said Leonard fired a .40-caliber handgun at least nine times. The men who died were each shot 2 times. Leonard surrendered to authorities following a manhunt that included Montgomery police searching a house where they mistakenly believed he was hiding. He has been held without bond ever since. (source: Fox Sports) TENNESSEE: Death penalty is TN's worst misuse of taxpayer dollars This past Sunday's Tennessean editorial, "State out of pennies to pinch" details the continuing budgetary challenges in Tennessee. Of course, governing means making tough choices and setting priorities that best serve the needs of hard-working Tennesseans. With respect to state Sen. Randy McNally's comment that all of the state government fat "is gone now," I'm not convinced. Where is the exorbitant cost of the death penalty system to taxpayers in this discussion? Comprehensive cost studies in Maryland, North Carolina, Kansas and Florida all show that capital cases are radically more expensive than non-capital cases. Louisiana is currently undergoing its own cost study too. Looking for more pennies to pinch? Put the pinch on the death penalty in Tennessee and save millions of dollars that can go to support victims' families or resources for law enforcement. Justin Phillips, Nashville (source: Letter to the Editor, Tennessean) LOUISIANA: Defense attorneys call Caddo Parish a death penalty "hot spot" Caddo Parish assistant district attorney Dale Cox doesn't apologize for the office's capital conviction rate but says that's the reason for so many of office's current problems. "The state board is very concerned about the Caddo Parish - number 1 - because the district attorney's office seeks the death penalty here," Cox said. "Number 2: jurors in Caddo Parish award the death penalty." Once the Caddo Parish District Attorney's Office files a motion to seek the death penalty against a given suspect, the Louisiana Public Defender Board steps in and assigns a defense team. In northwest Louisiana, those services have traditionally been covered by Capital Assistance Project of Louisiana, or CAPOLA. That organization, however, lost its state contract in July after a series of convictions and future of some local cases is now in uncharted territory. "It is their job to provide counsel for capital defendants and non-capital defendants," Cox said. "How the verdict turns out shouldn't be a concern of theirs." Cox believes the state public defender board is targeting Caddo Parish and trying to prevent them from trying death penalty cases by any means possible. Tactics, he says, include cutting budgets and decertifying the only attorneys legally allowed to take capital cases. LPDB Capital Case Coordinator Jean Faria recently testified that the agency reviewed CAPOLA work - and subsequently cut their funding - after jurors returned back-to-back death sentences. Marcus Reed was sentenced to death for killing 3 young brothers October 2013 and jurors returned the same fate for Rodricus Crawford just one month later. Louisiana jurors sentenced 13 men to death between 2009 and 2014. Caddo Parish accounts for 46% of those cases. When you look at the more than 80 people on death row in Angola, 1 in 5 was tried in a Caddo courtroom, more than any other parish. Death penalty opponents say the statistics show that capital punishment is not a result of the crime committed, but instead of the geography in which it occurred. Since reinstatement of the death penalty in the modern era, the south has accounted for 82% of executions. Within that region, there are some jurisdictions that sentences a disproportionately high number of people to die. A look at the 15 counties which have executed to most people since 1976 reveals 9 in Texas alone. Capital punishment opponents often point to East Baton Rouge Parish as a success story. The DA's office used to seek the death penalty on a regular basis but doesn't anymore. DA Hillar Moore says the office's policy has not changed, but he says he encountered many of problems Caddo prosecutors face now. Moore says they fought the state board on funding and consistently saw death qualified attorneys de-certified. When faced with up to 5 years of pre-trial motions, Moore says many families opt instead to let the suspect plead to second degree murder and secure a life sentence. Cox says the state board successfully prevented East Baton Rouge from taking cases to the jury, but he's determined to move forward in Caddo. "If the ideology on the other side were haunted by the facts like I am, were haunted by the pictures of the child, their autopsy photographs, the photographs that are taken at the hospital by the family members who grieve beyond description, I think some of the rhetoric might be toned down a bit," Cox said. Death penalty opponent says the American Judicial system assures all accused of the most serious crimes deserve a competent defense, often adding arguments about highly publicized instances of wrongful convictions and the debate over the morality of the death penalty itself. While prosecutors carry their own passion, defense attorneys say they seek to prevent further bloodshed. (source: KTBS news) OHIO: Death penalty protocol in Ohio needs light, not darkness: editorial Draft legislation that would allow providers of lethal injection drugs to remain anonymous and that would indemnify doctors assisting with state executions from censure by their state licensing boards is emanating from Attorney General Mike DeWine's office. What's next, allowing the execution team to wear masks? This latest step in Ohio's death penalty dance - stemming from a series of missteps that have put the state's execution protocol under examination by a federal judge - will push Ohio even further into the dark ages. DeWine crafted the legislation in cooperation with the Ohio Prosecuting Attorneys Association for eventual consideration by the state legislature. "You're not going to see a death penalty take place until the General Assembly takes action," DeWine was quoted saying in a recent article in The Columbus Dispatch. The state's lethal injection drug of choice is phenobarbital, but its manufacturers won't allow it to be used for executions anymore, prompting the state to authorize so-called "compounding pharmacies" to provide the drug. The state's most recent execution, however, was performed with a previously untried combination of midazolam and hydromorphone that resulted in the prisoner gasping and snorting before dying. Other states are wrestling with the same issues. Businesses and individuals who have assisted in lethal injections in other states have been subjected "to actual threats of physical harm, harassment, and risks to personal safety," according to Ohio's draft legislation. Perhaps, but having their identities classified as "confidential state secrets" is not the answer. Just the opposite should be the case. Having the benefit of anonymity may encourage more compounders to offer their services, but at the expense of public confidence that the death penalty is being carried out properly and by reputable participants. That's especially true in light of known quality problems with compounding pharmacies, which are not subject to the same strict oversight as regular drug manufacturers. Two years ago, the deaths of at least 48 people in eight states were traced to contaminated medicine distributed by a single compounding pharmacy in New England. It's time Ohio start wondering why it's facing so many obstacles to putting people to death, instead of working so feverishly to overcome them by denying the public critical information - including the names and quality records of companies the state is paying with the taxpayers' money. Those who prepare and sell drugs for executions should not be cloaked in secrecy nor should medical personnel assisting with executions be shielded from the oversight of their peers. To do so is to take the easy way out - and to detour wrongly around required disclosure for state contracts - for what should be a sobering, if not agonizing decision for all involved. (source: Editorial, Plain Dealer) ****************** Is man accused of killing restaurant owner Jim Brennan competent to stand trial? His lawyers raise the issue Lawyers for a man charged in the slaying of Cleveland Heights restaurant owner Jim Brennan have questioned whether their client is competent to stand trial. Last month, Cuyahoga County Common Pleas Judge Maureen Clancy ordered Darien Jones, 21, of Garfield Heights to obtain a psychiatric evaluation to determine whether he can help his attorneys at trial. Court records do not indicate the results of the examination or whether one has even taken place, but the issue marks the 1st sign of what defense attorneys may use in their defense of Jones. His psychological state also could cause potential delays in the handling of a trial. It also could affect whether prosecutors seek death-penalty charges in the case. Jones' attorneys, John B. Gibbons and Harvey Bruner, have said in court documents that Jones "does not understand the nature of his act, nor does he comprehend the gravity of the charges against him." He is 1 of 4 men charged in the death of Brennan, who was killed June 30 at his restaurant. Jones and the others charged - his brother Brandon Jones, as well as brothers Paul and Devonne Turner - have pleaded not guilty. Blaise Thomas, an assistant Cuyahoga County prosecutor, told Clancy last month that the investigation into Brennan's death has found that Darien Jones was "the principal offender." He stopped short of saying that Darien Jones fired the weapon. But in other court documents, Gibbons and Bruner asked the judge for a ballistics expert, saying: "The operation of the weapon, which is alleged to have been involved in this homicide, is germane to the defense of this case." Gibbons and prosecutors declined to comment Tuesday. Clancy has yet to set a trial date. One of the issues that must be decided is whether prosecutors will decide to bring death-penalty charges. Thomas has told Clancy at hearings that his office only has evidence - at this point - that Darien Jones could be meet the standards of the charge. Thomas stressed that the investigation continues. An internal review committee of the prosecutor's office has discussed the case, but it has not made a recommendation to Prosecutor Timothy McGinty. Clancy has set another hearing on the case for Oct. 16 in which Darien Jones' competency and a trial date could be discussed. Devonne Turner, Brandon Jones and Darien Jones are charged with aggravated murder, kidnapping, aggravated robbery, aggravated burglary and felonious assault in Brennan's death. Each is being held in the county jail on $1 million bond. Turner's brother, Paul, has been charged with obstructing justice, tampering with evidence and illegally possessing a weapon while a convicted felon. He is being held on $500,000 bond. On June 30, Brennan's restaurant was closed, but he was there prepping for the week. Authorities have refused to say what took place in the business. A woman walking by the restaurant called 9-1-1 when she heard 3 gunshots and saw 2 men running from the business. (source: cleveland.com) From rhalperi at smu.edu Wed Oct 8 13:53:48 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 8 Oct 2014 13:53:48 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, KY., OKLA. Message-ID: Oct. 8 TEXAS: Laborer who spent time on death row in Texas goes free A construction laborer who spent 9 years in prison - 4 on death row - was freed Wednesday after a judge ruled that the man's pro bono lawyers in South Texas did a shoddy job defending him. "An innocent man went to death row because of a complete system failure," says Brian Stull, an American Civil Liberties Union attorney who represented Manuel Velez, 49, in the successful effort to overturn his 2008 murder conviction. Velez was convicted and sentenced to death for the 2005 beating death of Angel Moreno, the 1-year-old son of a woman Velez was living with in Brownsville, Texas. The prosecution relied heavily on a timeline asserting that the fatal injuries occurred within the 2 weeks before the child died. Before those 2 weeks, Velez had been working in Tennessee for several weeks. The jury never heard about a prosecution expert's report indicating that autopsy results showed that the critical head injury occurred more than 2 weeks before the child died. The death sentence was overturned in 2012 in an appeal arguing that a witness on the subject of Velez's future capacity for being dangerous was no longer credible. The conviction stood. Lawyers for Velez then sought to overturn the conviction on the grounds that his original lawyers, appointed by the court, made mistakes. At a hearing for a new trial in December 2012, prosecutors argued that those lawyers - Hector Villarreal, who has since died, and Rene Flores - did the best they could and that the standard for good lawyers and top experts was lower in South Texas. The judge hearing the motion for a new trial, Elia Cornejo Lopez, rejected the standards argument, writing that "a (defendant's) life in Cameron County is worth just the same as a life in other parts of the United States." She granted a new trial. Earlier this year, prosecutors said they would no longer seek the death penalty in the case The ACLU's Stull said Velez wanted to get out of prison as soon as possible and agreed in August to plead "no contest" to reckless injury of a child, allowing him to go free based on time already served and good behavior. The case began on Halloween 2005, when Angel Moreno was found not breathing and was rushed to a hospital, where he died 2 days later, according to court records. His mother, Acela Moreno, later pleaded guilty to striking her son on Oct. 31, 2005, and served 5 years of a 10-year sentence. She agreed to testify for the prosecution against Velez but never said she saw him strike her son. The evidence portion of Velez's trial lasted seven days. In reviewing the record 7 years later, Lopez found that Villarreal and Flores did a poor job representing Velez. They offered no medical evidence about the age of the child's injuries and failed to contact a neuropathologist who had examined the brain tissue for prosecution experts. The neuropathologist concluded in a report that a crucial head injury had clearly occurred 2 weeks to 6 months before death. (source: USA Today) ******************************* Innocent Man Released from Prison after 9 Years, 4 on Death Row ---- Manuel Velez was sentenced to death due to injustices that continue to plague our justice system; only luck saved his life October 8, 2014 FOR IMMEDIATE RELEASE HUNTSVILLE, TEXAS - At 11:32 p.m. CT today, Manuel Velez stepped out of the Huntsville Unit of the Texas Department of Criminal Justice as a free man after 9 years behind bars, 4 of them on death row, all for a crime he didn't commit. "Manuel never belonged in prison, let alone on death row waiting to be executed. He is indisputably innocent," said Velez's attorney, Brian Stull of the American Civil Liberties Union's Capital Punishment Project. "My joy for him and his family today is tinged with sadness for the years our criminal justice system stole from him, all because he was too poor to afford better counsel than the lawyer the state appointed to him." Manuel Velez was arrested in 2005 and convicted in 2008 in Brownsville, Texas, of murdering the one-year-old son of his then-girlfriend. But the prosecutor's medical expert's records contained clear proof that the head injuries the baby sustained occurred when Velez was nowhere near the child. At the time that the baby received the fatal injuries, Velez was working construction in Tennessee, a thousand miles away. Velez's court-appointed attorney didn't discover or use this evidence, or do anything to build the medical timeline that proved Velez's innocence. Nor did the lawyer discover and present the testimony of the many witnesses who said the girlfriend threw, hit, and dropped the baby and abused her children, while Manuel was never physically rough and always peaceful. The lawyer also bungled his challenge to the typewritten statement that police persuaded Velez to sign, which said he had mistreated the child. Velez was unable to read the statement, which was written in English. Velez's primary language is Spanish; he is functionally illiterate in both English and Spanish. His IQ is 65. After his conviction, Manuel received the death penalty, largely because a state prison expert presented false testimony to persuade the jury that Manuel would pose a danger to society if given life without parole instead. "We should be ashamed of the errors that put Manuel on the brink of execution He is far from the only innocent person to receive a death sentence," said Stull. "A recent study estimated that, conservatively, 1 in every 25 people sentenced to death in the United States is innocent. In such a broken system of justice, we are foolish and cruel to continue capital punishment." In 2008, Maurie Levin, a law professor tracking ongoing capital cases, noticed Velez's case and was concerned that an intellectually disabled man had just been sentenced to death. She alerted the ACLU and the American Bar Association's Capital Representation Project, which in turn recruited Carrington, Coleman, Sloman & Blumenthal, LLP, and Lewis, Roca, Rothberger LLP, whose work was instrumental in proving Velez's innocence. Without Levin's intervention, Velez could still be on death row or dead by lethal injection. Even after Velez's conviction was overturned, and in the face of overwhelming evidence of his innocence, the State refused to dismiss the murder charge against him unless he took a plea. Velez pleaded no contest to a lesser charge of injury to a child rather than face a new trial that could be plagued by the same injustices that sent him to death row. (source: ACLU) *************************** Texas releases death row inmate Manuel Velez after wrongful conviction----Innocent man cleared of 2005 murder of one-year-old after review of evidence determines he could not have killed child A building worker from Texas, who was sentenced to death for a murder he did not commit, was released on Wednesday after spending 9 years in prison, 4 of them on death row. Manuel Velez, 49, emerged from Huntsville prison a free man at 11.32 pm CT. He was arrested in 2005, and sentenced to death 3 years later, for killing a one-year-old who was partially in his care. But over the years the conviction unraveled. Tests on the victim's brain showed that Velez could not have caused the child???s head injuries. Further evidence revealed that the defendant, who is intellectually disabled, had suffered from woeful legal representation at trial, and that the prosecutor had acted improperly to sway the jury against him. Brian Stull, a senior staff attorney with the American Civil Liberties Union who has represented Velez since 2009, said that "an innocent man went to death row because the entire system failed him. The defense counsel who are meant to defend him let him down, the prosecutor who is meant to secure justice committed misconduct, and even the judge made errors that were recognized on appeal." The event that would put Velez on death row occurred on 31 October 2005. 2 weeks earlier the construction worker had moved into the Brownsville home of his new girlfriend, Acela Moreno, then aged 25. She had a boy, 11 months old, called Angel Moreno, and that Halloween the 2 adults were between them caring for the child. At a point in the afternoon Velez noticed that Angel was having breathing difficulties, and they called 911; the infant was rushed to hospital where he died 2 days later. Initially, both Velez and the victim's mother, Acela Moreno, were charged with capital murder. But before the trial began, the mother accepted a plea bargain with the state of Texas in which she pleaded guilty to a lesser charge of having injured her child by hitting him or slamming his head against a wall. For that she was sentenced to 10 years in prison. She was released in 2010, and immediately deported to her home country, Mexico. As part of the plea deal, Moreno agreed to testify against her boyfriend. Despite the fact that she had told police in a recorded interview at the time of her arrest that Velez had never struck Angel or mistreated him in any way, she did not say that to the jury. Instead, she told the court that her son's physical problems had only started when Velez moved in to her home 2 week's before the child???s death. The state's case against Velez was that Angel had died of a head trauma that had been inflicted on the child within the final 2 weeks of his life. The final fatal blow, caused by swinging or slamming the infant into a hard surface, occurred no more than a few hours before he was found unconscious, prosecutors told the jury. But when lawyers with the private firms Carrington, Coleman, Sloman & Blumenthal, and Lewis, Roca, Rothgerber took up Velez's case after he was put on death row, they were astonished by what they found. They discovered that expert opinion had been given in 2006 - fully 2 years before the trial - that destroyed the state's case against him. A neuro-pathologist had examined Angel's body and recorded blood on the brain caused by a hematoma that was "well developed". Crucially, the brain injury was at least 2 weeks old and was almost certainly inflicted between 18 and 36 days before Angel died. The timing was critical, as Velez was not in contact with Angel until he moved into the Moreno home on 14 October, 17 days before the boy died. In fact, within the 18- and 36-day period specified by the neuro-pathologist, Angel was some 1,000 miles away in Memphis, Tennessee, where he was on a building job. This key detail went unnoticed by Velez's original defence lawyers who made nothing of it at trial, even though it had been prominently incorporated into the official autopsy report on Angel Moreno. The neuro-pathologist who made the finding was similarly never called as a witness. As the lawyers, working alongside the ACLU, delved further into the case they began to find other evidence relating to Angel???s mother, Acela. Members of her family testified that they had seen Moreno neglect and abuse her young son; her sister revealed that Moreno had admitted to her that she had bitten Angel on the face. In her own videotaped interrogation by police - again fully available to defence lawyers at the time of the trial - Moreno had admitted that she had burned Angel with a cigarette. She also told detectives: "I may have burned Angel's foot when I carried him, but only once." Another witness recalled seeing Acela fling her baby son five feet onto a couch when she grew incensed by his crying. The Texas criminal court of appeals, that set aside Velez's murder conviction last October and ordered a re-trial, observed that "family members and neighbors testified that they witnessed the victim's mother neglecting and abusing [Angel] and his siblings in the months and weeks before his death." The team of defence lawyers also discovered other disturbing aspects about the case. When police officers interrogated Velez after his arrest in 2005 they did not record the interview on videotape, even though equipment was available in the police station. Instead, he was made to sign 2 separate statements that were written out in English, an odd requirement as Velez was a Spanish speaker with rudimentary English and was functionally illiterate. Velez leaves prison with a criminal record. Despite the conclusive evidence that he was not in Brownsville at the time Angel received his head injuries, and despite the fact that the state of Texas has not disputed any of the facts in his appeal, the state continued to demand a retrial. The ACLU advised him that he could not be guaranteed an acquittal, and that a further injustice was always possible. So Velez agreed to plead guilty to reckless injury to a child, leading to his release on time served. "He wanted to fight for his innocence. But even more he wanted to see his children who are almost grown up, and his parents who are getting old," Stull said. Velez will travel on Wednesday more than 400 miles from Huntsville back to Brownsville, where he will be reunited with his 2 sons, Jose Manuel, now 15, and Ismael, 11. (source: The Guardian) KENTUCKY: Why I'm against death penalty Capital punishment is not a theoretical concept for me. I have murdered 5 human beings for a state. At the time of these deaths, I was director of the Georgia Department of Corrections. Ironically, the executions were carried out in the same maximum security prison where I had previously served as warden. As a result of these experiences, I became a strong opponent of capital punishment. I am against the death penalty because: -- It does not act as a deterrent. -- It is costly (for example, California has spent more than $5 billion for 17 executions). -- It is not applied to the most egregious cases. -- The criminal justice system that administers it is extremely imperfect; over the past decade, nearly 150 death row inmates have been exonerated. -- It is illogical for the state to teach citizens not to kill by killing. The final reason for my opposition is a particularly personal one - the heavy toll capital punishment exacts from the individuals who have to carry out the sanction. Corrections officials are expected to commit the most premeditated murder imaginable. You follow a policy book and even have rehearsals. I have been told by a Kentucky prosecutor that I obviously wasn't suited to be a director of corrections if applying the death penalty affected me adversely. But that statement begs the question: How does an individual prepare him or herself to become a serial killer? Only an individual without a conscience is equipped to become an executioner. Is that what society wants? Capital punishment forces the person who has to carry it out to fall below the base humanity level of even the individual he is executing. I know 2 executioners who have committed suicide and several who are completely dysfunctional due to drugs, alcohol or suicidal depression. I do not know one who has not experienced a negative impact. Kentucky should join the rest of the civilized world (18 states, Europe and Canada) in banning executions. Even Russia has a moratorium on capital punishment. Instead, our state is in sync with Texas, Iran, China, Saudi Arabia and Third World nations. Life without parole is a much more appropriate sentence and considerably less expensive - at a minimum, 1/3 of the cost - than capital trials, maintaining a death row and 20 years of appeals. The only reason for capital punishment that does not act as a deterrent is revenge. But the Chinese proverb about revenge is true for those who have to murder a human being for a state: "Before you embark on a journey of revenge, dig 2 graves" - 1 for the target and the other for the avenger. I once wrote an article for Newsweek entitled, "I don't remember their names, but I see their faces in my nightmares." I dug my grave, as the state's avenger, and now I am condemned to live in it. I shudder to think that corrections commissioners in Kentucky and other states are condemned to the same fate. (source: Opinion; Allen Ault is dean of the College of Justice & Safety at Eastern Kentucky University----Courier-Journal) OKLAHOMA: Death Penalty in the Case of the Oklahoma Murderer Alexander Nolen, 30 years old, was charged on Tuesday for the murder of a 54-year old woman. The incident took place at the murderer's former workplace, in Oklahoma. Cleveland County District Attorney Greg Mashburn stated that the murderer also stabbed a 2nd woman and was charged with attempted murder as well. The prosecutor dealing with this case said he will be seeking the death penalty for Alexander Nolen. He will however, consult with the victim's family before making a firm decision regarding the penalty received by the murderer. Alexander Nolen, who has recently converted to Islam, is accused of carrying out the attacks after having lost his job at the Vaughan Foods processing plant. He claims to have wanted to get revenge on the people he considered responsible for him losing his job. Police officials said that Nolen went to work on Thursday and began attacking the first people he came across. Sadly, Colleen Hufford, aged 54 was one of them. He attacked her with a kitchen knife and severed her head. Afterwards he attacked Tracy Johnson, aged 43. Authorities say Johnson was one of the three people the murderer initially targeted. The victim, Colleen Hufford was not even among the 3 people the attacker wanted to get revenge on. Officials also said that while Nolen worked at the plant, he often made statements about disliking white people. Due to these statements, Johnson filed a complaint against him. On Facebook, the murderer used the name Jah'Keem Yisrael and his cover photo showed fighters holding weapons. Also, he posted quotations from the Quran and various messages about Islam. Mark Vaughan, the CEO of the plant Nolen worked in, managed to confront him when he was running rampant in the plant and shoot him down with a rifle. Vaughan is now considered a hero by the workers he managed to protect. His actions probably saved the lives of many people who were present at the time of the incident. The murderer is now hospitalized for his injuries. The investigations in this case are not yet finalized. Police officials were not yet able to determine whether this incident was an act of terrorism or workplace violence. The FBI took part in the investigation because some of the witnesses reported that Nolen spoke in Arabic terms during the attack. (source: iknowtoday.com) From rhalperi at smu.edu Wed Oct 8 13:55:05 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 8 Oct 2014 13:55:05 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 8 BANGLADESH: Man to die for killing housewife after rape----The charges against the accused were proved beyond any doubt, says the court A Chittagong court has awarded death penalty to a person on charges of killing a housewife after violating her in the district's Banshkhali upazila in 1999. The judge of Woman and Children Repression Prevention Tribunal-1, Md Rezaul Karim, pronounced the verdict in absentia of the accused on Wednesday morning. The convict, Abdur Rahim, son of Golam Sobhan, of Pashchim Sadhanpur of Banshkhali, is still on the run. Public Prosecutor (PP) Jesmin Akhter of the tribunal said that the court passed the order after testifying 9 witnesses out of 14 under section 9/6(2) of Woman and Children Repression Prevention Special Act-1995. The charges against the accused were proved beyond any doubt, said the court while delivering the verdict. According to the case documents, there was a good social relation between the families of Rahim and Nurunnahar. On March 24 in 1999, Rahim took the victim outside from her father's residence, alluring her by the notion of travelling. When they reached a nearby jungle, Rahim forcefully took her inside, raped and stabbed her to death. Later, it was found that Rahim had already fled the area when police recovered the dead body from the jungle on the following day. Mother of the victim, Sufia Begum, lodged a case with Banshkhali police station accusing unidentified person. Police on November 4, 1999, submitted the charge sheet against Rahim after an investigation while the court framed charges against him on March 25, 2001. (source: Dhaka Tribune) TAIWAN: Majority favors death penalty: Minister Luo----END OF LIFE:Surveys show that about 70 % of the public support capital punishment, the justice minister said, as 2 recent rulings sparked public debate Minister of Justice Luo Ying-shay yesterday said that while she respects court decisions that handed out life sentences in 2 murder cases, "the majority of Taiwanese are in favor of capital punishment." There are civic organizations lobbying to abolish the death penalty, "however this is at some divergence from the majority opinion," she told a Judiciary and Organic Laws and Statues Committee meeting, adding: "We cannot subjugate the wishes of the majority to that of a minority." She said that public surveys have shown that about 70 % of the public approve of capital punishment, while about 20 % oppose it. Luo's remarks came in the aftermath of 2 court rulings earlier this week that caused a furor and led to heated discussion over capital punishment. 1 case involved the slaying of a 5th-grade student by 31-year-old Tseng Wen-ching in Greater Tainan in 2012. Tseng was convicted of killing the boy by slitting his throat with a knife. Tseng reportedly told investigators that "in Taiwan nowadays, I could kill 1 or 2 people and would not get the death penalty. I will just be locked up for life." "If I had not been arrested for this crime, I would have killed more people until I had been caught," he said. The Greater Tainan branch of the High Court on Monday sentenced Tseng to life in prison, upholding a lower-court decision in July last year. The other ruling was over the murder of a female university student by 39-year-old Huang Wen-chin in Greater Taichung last year. The Taichung District Court on Tuesday sentenced Huang to life in prison. Due to the grisly nature of the crime, which included rape and swindling her out of a large sum of money, some members of the public had demanded that Huang be put to death. Judicial Reform Foundation executive director Kao Jung-chih said the situation has changed since former minister of justice Wang Ching-feng ended her tenure. Wang was minister from 2008 to 2010. "During her term, Wang refused to sign execution orders for death row convicts," Kao said. "Her stance polarized many people, pitting those in favor of capital punishment against people who oppose it," Kao said. "Because of Wang's inaction, deliberation on the issue influenced judges, some of whom have been reluctant to hand out death sentences," Kao said. Regarding the decision in Tseng's case, Luo said the ruling is not final, adding that she hopes judges can take into account public opinion. "We have laws that aim to protect children, but there is also a push by international communities to abolish capital punishment, so we have a very difficult task on our hands," she said. (source: Taipei Times) IRAN: Canadian MPs demand end to executions in Iran Canadian lawmakers from all parties have called on the Iranian regime to halt execution of prisoners on death row in Iran. They include Iranian cleric Ayatollah Boroujerdi sentenced to death for his anti-regime views, and Ms Reyhaneh Jabbari, a 26-year-old victim of an assault who stabbed her attacker in self-defense. They also urged for the release of Omid Kokabee a physicist who is dying in prison after being denied medical care. "These executions need to stop and as Canadians we can do something about this," New Democrat MP Wayne Marston told reporters Tuesday. "Evil occurs when good people do nothing," Conservative John Weston said. "As Canadians we promote freedom, democracy and humanitarian aid and we will continue to do that." Weston said 200,000 signatures have been collected so far to save Jabbari and put an end to these "senseless executions." Liberal MP Irwin Cotler said he and his fellow MPs will raise the issue at both the UN General Assembly this week and at a future Human Rights Council meeting in Geneva, Switzerland. (source: NCR-Iran) AFGHANISTAN----execution Senior Mafia leader Habib Istalif executed The senior Mafia leader Habib Istalif was executed in Kabul prison on Wednesday, security officials said. Kabul police chief, Gen. Zahir Zahir said Istalif was executed along with 5 perpetrators of Paghman gang rape inside the Pul-e-Charkhi prison. Former President Hamid Karzai signed off on death penalty for Istalif on late last month. Istalif was found guilty of major kidnappings, murder, armed robberies including robbery of $3 million World Bank money and other major criminal activities. Istalif was arrested by Afghan police forces in capital Kabul earlier in October last year while he was plotting to arrest a businessman in Kabul. (source: Khaama Press) MOROCCO: Morocco activist slams 'inhumane' treatment on death row Rights activists accused Moroccan authorities on Wednesday of keeping more than 100 prisoners awaiting execution in "inhumane and unacceptable conditions", despite a 20-year moratorium on the death penalty. Citing a recent study, Abderrahim Jamai, coordinator of the Moroccan Coalition Against the Death Penalty (CMCPM), said dozens of inmates were being kept in "corridors of death" nationwide. Some prisoners "have already spent 15 years in their cells and that begs the question about the amount of time it takes to implement a sentence", Jamai said. He expressed the hope that this Friday, the 12th World Day against the Death Penalty, would spur capital punishment reform in Morocco. Although a moratorium on executions was signed in 1993, dozens of prisoners remain on death row across the country. "Many of those condemned to death suffer from mental issues and endure extremely difficult psychological conditions," said lawmaker Nouzha Skalli, a former minister and spokeswoman for the Parliamentary Network Against the Death Penalty in Morocco. In June, Driss el Yazami, the president of the National Council for Human Rights, called for an end to the death penalty. Although this provided campaigners with some hope that the kingdom was moving towards abolishing capital punishment, Morocco's Islamist-led parliament rejected the measure. "The government needs to take into account that there are close to 240 parliamentarians (out of 600) who openly favour abolition (of the death penalty)," Skalli said. "The great humanist causes advance inexorably," she added, referring to the global drive to stamp out capital punishment. Skalli's group tabled a bill in parliament to this effect in late 2013, but it "has not yet been discussed". Opponents of the death penalty point to Morocco's new constitution, adopted in 2011 in the wake of the Arab Spring, which guarantees the "right to life" without explicitly proscribing capital punishment. (source: Global Post) From rhalperi at smu.edu Thu Oct 9 11:37:31 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 9 Oct 2014 11:37:31 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 9 SRI LANKA: Britain hopes Lanka backs moratorium The British Government says it hopes Sri Lanka will back a moratorium on the use of the death penalty. The British High Commissioner to Sri Lanka John Rankin said that in January last year, Sri Lanka was shocked and saddened by the execution of Sri Lankan housemaid Rizana Nafeek in Saudia Arabia. With others, the UK had called for clemency, not least because Rizana was a minor at the time of the alleged murder. Around the world, many wept that she had not been shown compassion. Later this year, the UN General Assembly will vote on the fifth resolution on a moratorium on the use of the death penalty. The trend is clear: 2012 saw the biggest vote yet in favour of a worldwide moratorium on executions, by 111 states. Although Sri Lanka still has legislative provision for imposing the death penalty, judicial executions have not been carried out since 1976. John Rankin said he hopes that the memory of Rizana's death will help persuade the Sri Lankan government to vote in favour of a moratorium and, eventually, join the increasing ranks of countries that have abolished it altogether. His comments were issued to mark the World Day Against the Death Penalty. Today is the 14th commemoration of The World Day Against the Death Penalty. The UK - along with fellow EU Member States - is a strong advocate for the abolition of the death penalty. (source: Colombo Gazette) AFGHANISTAN: Execution of 5 Afghans in gang rape stirs questions The Afghan government on Wednesday executed 5 men accused of the gang rape of 4 women traveling home from a wedding in August, a case that generated national outrage. The execution by hanging came after weeks of public outcry, with Afghans calling for the death penalty for the 10 men originally accused of robbing the group of travelers and raping the women, who were returning from a wedding in Paghman, a lake district 20 minutes from Kabul, the capital. 7 of the men, arrested less than a week after the Aug. 23 attack, were convicted and sentenced to death. But a Sept. 7 appeal reduced the sentences for 2 of them to up to 20 years in prison. 3 suspects remain at large. Then-President Hamid Karzai approved and signed the execution order last month on his last day in office, a rare such authorization in his more than decade-long tenure, the Associated Press reported. Speaking to The Times after the initial convictions, Saeeq Shajjan, a Kabul-based lawyer, called the case "one of those rare instances that has brought people from all walks of life together." "Ordinary Afghans, civil society, politicians, senior leadership of the government, including the presidential palace, and jihadi leaders have all condemned this evil act," he said. Others, however, questioned the judicial procedure that led to the executions. Shortly after Kabul Police Chief Gen. Zahir Zahir confirmed the deaths at Pul-e-Charkhi prison outside Kabul, Amnesty International issued a statement saying the "execution of 5 men in Afghanistan who had been convicted of a gang rape following a series of flawed trials is an affront to justice." Shajjan said that though he commended the police for quick action in arresting the seven accused, the judiciary's willingness to disclose information to journalists, including the identities of the accused, was in contravention of Afghan law. Along with rape, the accused were tried on charges of impersonating police officers and armed robbery, Shajjan said. This may have added to the pressure on Karzai's government to act swiftly, the lawyer said. Still, he said, "this does not mean rights guaranteed for the accused under the constitution and other laws of Afghanistan should be violated.... Protecting all rights of the accused does not mean that there should be any leniency toward the accused." Wazhma Frogh, a women's rights activist based in Kabul, said in a recent interview that although a swift response is warranted, it has little effect on the implementation of a law designed to eliminate violence against women, approved by presidential decree in 2009. "We still have so many cases of rape pending in the court, and they won't see the same level of reaction nor judicial response," Frogh said. Khalil Sherzad, originally from the eastern province of Nangarhar, said the hangings put the minds of many Afghans at ease. "I am happy. They actually should have been stoned to death, but this is still sufficient," Sherzad said. But Omaid Sharifi, a civil society activist based in Kabul who opposes capital punishment, said the accused "should have been imprisoned for life.... Keeping them in prison will force them to sit with their thoughts and truly realize that they have done something wrong." (source: Los Angeles Times) UNITED KINGDOM: NHS supplier 'risking complicity' in nine US executions A major supplier to the NHS is at risk of becoming involved in American executions, after Alabama altered its lethal injection 'cocktail' to include a drug for which they are the only US supplier yet to put in place sufficient distribution controls. Mylan pharmaceuticals, which describes itself as a "leading developer and supplier of generic medicines [to] wholesalers and throughout the National Health Service," is a US Government-approved manufacturer of rocuronium bromide, a paralysing agent which Alabama now plans to use as the 2nd part of a 3-stage lethal injection process. The paralysing agent is a particularly concerning element of the process, as it leaves the prisoner unable to speak or move, and therefore can mask the effects of a botched execution, in which the anaesthetic has failed. Mylan is the only US-approved maker of the drug which has not responded to calls from stakeholders to put in place distribution controls to prevent its use in executions, making it the easiest source from which Alabama will be able to obtain it. As a result, the legal charity Reprieve has warned Mylan that it may only be a matter of time before the state obtains their product, and uses it to kill. The state's Attorney General's office is already seeking to set execution dates for nine people, in the wake of the adoption of Alabama's new lethal injection 'protocol.' Despite being notified of the issue in October of last year, Mylan has failed to establish controls which would ensure that their products can still reach legitimate, medical users, but not executioners - a model which has been successfully established by many other major pharmaceutical companies. In a letter sent to Mylan on September 30th, Maya Foa, Director of Reprieve's Death Penalty team warns the company that it is "is the only FDA-approved manufacturer of rocuronium bromide which has no controls in place to prevent it being sold and used in executions in the USA," and explains that there is therefore "a very real risk that Mylan may soon become the go-to provider of execution drugs for States across the country." However, she also explains that "there are simple and effective controls that a company like Mylan can put in place to ensure its medicines are sold for legitimate medical purposes, and not sold to prisons for use in lethal injection executions," adding that "Over a dozen manufacturers have put such controls in place." Commenting, Maya Foa said: "Mylan is the only company we have worked with which has so far failed to take any concrete steps to prevent its medicines from being used to end the lives of prisoners in the USA. The NHS should think carefully about supporting a company which is apparently happy to see its medicines used in brutal executions." (source: ekklesia.co.uk) BANGLADESH: EU countries reiterate call for BD to abolish death penalty Ambassadors of the European Union (EU) countries in Dhaka on Thursday reiterated their call for the complete abolition of death penalty and establishing a moratorium on executions in Bangladesh. "The European Union reaffirms its absolute opposition to the use of the death penalty," said a joint note issued by the envoys marking the European and the World Day against the Death Penalty that falls on October 10. The European Union hoped that Bangladesh, as a member of the United Nations, would take all necessary actions to implement the UN Resolutions, and thereby fully contribute to the enhancement of fundamental rights and human dignity in the world. The abolition of capital punishment constitutes a crucial step towards guaranteeing respect for human rights and protection of human dignity, reads the joint letter. The diplomats recalled the United Nations General Assembly Resolution 62/149 of 18 December 2007, further reaffirmed by Resolutions 63/168 of 18 December 2008, 65/206 of 21 December 2010 and 67/176 of 20 December 2012, calling upon States which still maintain the death penalty to abolish it completely and, in the meantime, to establish a moratorium on executions. Despite a global trend towards abolition of capital punishment, the number of States which still maintain death penalty in their legal systems remains alarming, the diplomats observed. "The death penalty concerns everyone's right to life, which forms the most fundamental, inherent and inalienable human right affirmed by multiple international instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights." It is essential to realise that any miscarriage or failure of justice in the exercise of death penalty is irreparable and irreversible, said the letter. "The State, with its particular responsibility as the ultimate guarantor of all persons' human rights, should not deprive anyone of his or her life," the letter mentioned. The signatories to the letter are Charge d' affaires of the Delegation of the European Union Frederic Maduraud, Ambassador of Denmark Hanne Fugl Eskjaer, Ambassador of France Michel Trinquier, Charge d'affaires of the Embassy of Germany Ferdinand von Weyhe, Ambassador of Italy Giorgio Guglielmino, Ambassador of The Netherlands Gerben de Jong, Ambassador of Spain Luis Tejada Chacon, Charge d'affaires of the Embassy of Sweden Karin McDonald and British high commissioner Robert Gibson. (source: Prothrom Alo) ****************** EU appeals against death penalty The European Union Delegation to Dhaka has once again called upon Bangladesh to abolish the death penalty. It made the appeal on Thursday ahead of the European and World Day against capital punishment to be observed on Oct 10. The EU bloc reaffirmed its total opposition to this form of punishment on the eve of the designated days. In a statement it also said that the abolition of capital punishment constituted "a crucial step" towards guaranteeing respect for human rights and protection of human dignity. The EU is known for its global campaign to end death penalty under any circumstances. According to Amnesty International, 140 countries have so far done away with capital punishment. The European Union and the Council of Europe, however, deeply regretted in a joint statement the recent executions in Belarus, the only European country that sticks to this form of punishment. They have strongly urged Belarus to commute the sentences of the 2 remaining persons sentenced to death in 2013, and to issue a moratorium on executions as a 1st step towards their abolition. The EU delegation to Bangladesh said despite the global trend towards the abolition of capital punishment, the number of states that still retain the death penalty was "alarming". "The State, with its particular responsibility as the ultimate guarantor of all people's human rights, should not deprive anyone of his or her life," it said. They mentioned the UN resolutions that called upon member States to abolish death penalty completely and establish a moratorium on executions. "The European Union hopes that Bangladesh, as a member of the UN, will take all necessary actions to implement the UN resolutions and thereby fully contribute to the enhancement of fundamental rights and human dignity in the world". The EU makes the call to Bangladesh every year before the anti-death penalty day. (source: bdnews24.com) MALAYSIA: Auxiliary cop also charged with trafficking in heroin A couple and an auxiliary police personnel were among 4 people charged at the Sessions Court here with possessing an array of firearms. Car wash owner S. Kalaivanan, 27, his wife S. Prema, 24, and K. Prabhagaran, 39, together with resort worker A. Sasitharan, 24, claimed trial to possessing an assortment of guns together with ammunition. All 4, who are facing 7 charges among them, pleaded not guilty before Sessions Court judge Salawati Djambari. In the 1st charge, Prabhagaran was alleged to have had 2 rifles, an offence under Section 8 of the Firearms Act (Heavier Penalty) 1971, at the Muniandy Temple in REM Estate at around 1.20am on Sept 16. He was also charged with possessing 156 live bullets at the same place and time, an offence under Section 33 of the Firearms Act 1960. Prabhagaran was also alleged to have trafficked 900g of heroin at the same time and place under Section 39B(1)(A) of the Dangerous Drugs Act 1952 that carries a mandatory death sentence upon conviction. Kalaivanan and his wife were charged with possessing two pistols and a rifle along Jalan Tay Kia Hong for weapons trading on Sept 15 at around 8.15pm. They were charged under Section 7 of the Firearms Act (Heavier Penalty) 1971 read together with Section 34 of the Penal Code, which carries a mandatory death sentence or life imprisonment and not more than 6 strokes of the cane upon conviction. The couple was also alleged to be in possession of 353 live bullets at the same place and time. Sasitharan was charged with possessing two pistols near a temple along Jalan Sawit in Taman Kota Besar here at around 7.30pm on Sept 18. He was alleged to be in possession of 25 bullets at the same time and place. No bail was offered to all 4 accused. Judge Salawati set Nov 9 for mention of the case. Deputy public prosecutor Natassa Zaini prosecuted the case and lawyer Nor Shahid Abdul Malik represented Prabhagaran while the other 3 accused were not represented. (source: The Star) ******************* Reforming death penalty laws There has not been much progress since the June 2011 meeting apart from the Attorney-General's commitment to review the death penalty following the framework of Universal Periodic Review (UPR) of the United Nations Human Rights Council (UNHRC). Tomorrow, 10th October 2014, is the World Day Against the Death Penalty. The 12th World Day Against the Death Penalty focuses on "drawing attention to people with mental health problems who are at risk of a death sentence or execution." While opposing the death penalty absolutely, abolitionists are also committed to see existing international human rights standards implemented. Among these is the requirement that persons with mental illness or intellectual disabilities should not face the death penalty. The death penalty is a controversial subject in most societies. The most important argument against the death penalty is that it is irreversible upon execution of a person, even if found innocent much later. In Malaysia, a Parliamentary Roundtable was held in June 2011 which reached the view that there should be 1) moratorium of execution upon a thorough review of the death penalty; and 2) an immediate end to mandatory death sentences by returning discretion to the judges. There has not been much progress since the June 2011 meeting apart from the Attorney-General's commitment to review the death penalty following the framework of Universal Periodic Review (UPR) of the United Nations Human Rights Council (UNHRC). One aspect that requires attention is that relating to mandatory death sentences for drug offences. I would like to refer to a parliamentary reply by the Home Minister in reply to my question in March 2011. The reply shows that out of the total number of executed inmates between 1960 and 2011, 51 percent or 228 out of 441 persons were convicted for drug offences. Meanwhile, of the inmates on death row as of 2011, 67 % or 479 out of 696 persons were convicted under drug offences. It is alarming that when I next received another parliamentary reply in June 2013, there were already 964 death row inmates, compared to 696 in February 2011. This is a whopping increase of 38 %. From what I understand, most of the new death row inmates were convicted of drug offences. Such an increase of new death row inmates just shows that the death penalty fails to deter the occurrence of crime in the first place. Many of those convicted under drug offences are drug mules who are very young. This category of offenders should be distinguished from hardened drug traffickers. Singapore has recently amended its law to allow drug mules on death row who cooperate with the prosecution to be re-sentenced. Thus far, 2 Malaysians, Yong Vui Kong and Cheong Chun Yin, have been given a 2nd chance. On the occasion of the World Day Against the Death Penalty, I call on the Malaysian Government to commit to the following: --to impose a moratorium on executions pending a thorough review of the death penalty; --to return discretion to the judges by removing the mandatory death penalty; and, --to improve the prison conditions of death row inmates. (source: Liew Chin Tong is the National Director of Political Education of DAP and MP for Kluang----Free Malaysia Today) TAIWAN: Taiwan's justice minister voices support for the death penalty to be repealed Justice Minister Luo Ying-shay yesterday voiced her support for repealing the death penalty in Taiwan, roughly 6 months after 5 death-row inmates were executed after she assumed her post. Luo made the remarks in an interview before the Legislature reviewed the Ministry of Justice's (MOJ) national budget yesterday. As a government official, one should listen to the public's opinion instead of acting on one's own opinions, Luo said. "But as a Buddhist, I hope that ultimately the death penalty will be repealed in Taiwan." The calls to repeal the death penalty have always been loud, but public surveys show that 76 to 80 % of people continue to support the death penalty. The minority's voice has grown louder while the majority's is not being heard, and the MOJ is at a stalemate as it is expected to amend the law," said Luo. After Tseng Wen-chin, who stabbed a child to death in a video arcade in 2012, was handed a life sentence instead of death penalty in both his 1st and 2nd verdicts, the controversy of whether the death penalty should be repealed was once again brought into the limelight. Tseng claimed that he killed because he knew "one will not be put to death for killing 1 or 2 people in Taiwan," and that at the most he would face a lifetime behind bars with a full belly. Public uproar followed after the 2nd ruling, as Tseng was still allowed to live as he had a "lower than normal IQ and that there is still room for reform," according to the presiding judge. Death Penalties Carried Out Despite Buddhist Beliefs Luo drew criticism from anti-death-penalty groups for ordering her 1st batch of executions in April. The MOJ reported that inmates were anaesthetized before being shot, with another 47 waiting on death row. Defending the European Union's express of "regret" over the 5 executions, the MOJ stated that the inmates were "cold-blooded, cruel and devoid of conscience; leaving the families of the victims in unbelievable pain." "I regret the latest set of 5 executions which took place in Taiwan on 29 April 2014," Catherine Ashton, the High Representative of the EU for Foreign Affairs said after the executions. Taiwan resumed carrying out executions in 2010 after a 5-year pause. There were 4 executions in 2010, 5 in 2011 and 6 in both 2012 and 2013. (source: asiaone.com) SINGAPORE: Death penalty decision guided by moral aims I refer to the letter "Crucial to substantiate deterrent effects of death penalty" (Oct 6). The task of sentencing in criminal cases demands from the judge the exercise of moral judgment concomitant with the law. He must strike a balance between competing claims, with all the discretion and perplexities involved. Legal philosopher HLA Hart called it the problems of the penumbra. He argued that the rationality of such legal arguments and decisions must lie in "a point of intersection between law and morals". The right to sanctity of life, which the letter writer asserts, lies within these boundaries and must be seen vis-a-vis the harm of drug trafficking and its consequences on society. And any intelligent decision involving the death penalty is guided, however uncertainly, by moral aims, said Hart. Ultimately, 2 questions must be answered: Will the taking of a life by a sanction of law violate the right of that person? And is the right of the majority (society) to a life free of drug abuse above that of the trafficker who intentionally, for money, creates addiction and death? Dudley Au (source: Letter to the Editor, Todayonline.com) From rhalperi at smu.edu Thu Oct 9 12:08:24 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 9 Oct 2014 12:08:24 -0500 Subject: [Deathpenalty] death penalety news----TEXAS, CALIF., USA Message-ID: Oct. 9 TEXAS----impending execution//volunteer Death Watch: Questions of Competence----Hatten ends appeals; advocates push to amend state DNA testing law 18 years of appeals are ended. In April, nearly 2 decades after being sentenced to death by the state of Texas, now-40-year-old Larry Hatten told his attorneys and a Corpus Christi court that he didn't want to waste any more time with what he considered inevitable. Hatten, a onetime drug dealer around the bayside city, was arrested Sept. 19, 1995, for the killing of Isaac Jackson. Angry over a rival dealer lighting his stepbrother's BMW and Jaguar on fire, Hatten broke into the home of his friend Isaac Robinson - whom he believed had betrayed him - kicked open a bedroom door, and proceeded to fire 6 rounds from a .357 handgun into the bed, intending to shoot Robinson. However, it was Robinson's girlfriend Tabatha Thompson and their 5-year-old son Isaac Jackson who were in the bed. Thompson was struck 4 times but survived the shooting. Jackson, hit by a single bullet, didn't. Hatten left the apartment and returned to the scene of the burning vehicles, where police, already on the lookout for his car, recognized and arrested him. Hatten was charged with capital murder on Sept. 15, 1995, and sentenced to death in February 1996. Since, he's filed a number of appeals - claiming unfair bias and insufficient counsel - but has been unsuccessful, save for a brief withdrawal of his name from the execution calendar last October after Houston attorney Kenneth McGuire, who represents Hatten, argued that his client (then set to die on Oct. 16) had suffered from mental illness for upwards of a decade and was not competent to be executed. McGuire's efforts were derailed in April when Hatten filed a motion to replace him and fellow attorney Joseph Barroso, alleging negligence and mental abuse from their neglect of duty. He eventually withdrew the motion, but only after testifying before Corpus Christi Judge Missy Medary that he was indeed mentally stable enough to make such a decision. Medary ordered 1 more evaluation to take place April 13. After being declared mentally competent, Hatten was given a final execution date: Wednesday, Oct. 15. He'll be the 10th inmate executed this year, and 518th since the reinstatement of Texas' death penalty in 1976. DNA Test Before Testing The state's fight over a disputed DNA testing law continues. Last week, state Sen. Rodney Ellis, D-Houston, together with exonerated convict Michael Morton and members of the New York-based Innocence Project, met outside the Capitol building to lobby for a less restrictive interpretation of the law. In 2011, the Legislature enacted a law intended to provide a broader right to DNA testing on crime scene evidence. However, the Court of Criminal Appeals has most recently interpreted Chapter 64 of the Texas Code of Criminal Procedure to require a defendant be able to prove that microscopic skin cells exist on a piece of courtroom evidence before any testing can be done. Using this interpretation, the CCA has previously denied Larry Swearingen the opportunity to test for DNA on the weapon used to kill Montgomery County Community College student Melissa Trotter. The current stipulation raises more questions than it answers - such as: How can the naked eye prove a microscopic entity's existence? Speaking outside the Capitol last Wednesday, Ellis and advocates urged lawmakers to once again amend the law, citing the CCA's narrow interpretation. Morton, exonerated in part because of DNA testing after wrongly serving 20 years in prison for the murder of his wife, noted how, in his case, testing eventually helped solve 2 murders: DNA found on a bloody bandana near the house where his wife was killed was linked to Mark Alan Norwood, who was also later found guilty for the murder of Debra Baker. "The 1 truth I have learned in my 2 decades' work with the Innocence Project is that you simply can't predict what DNA testing is going to reveal," offered co-director Barry Scheck. "In Michael's case, testing of a bloody bandana found near his home led police to real perpetrator Mark Alan Norwood. In other cases it has confirmed guilt. But when an investigative tool can shed light on a criminal prosecution, those seeking to prove their innocence should have broad access to it." (source: Austin Chronicle) CALIFORNIA: Convicted murderer sentenced to death for 1984 killings A man convicted of killing 2 women in Los Angeles in 1984 was sentenced to death after a jury recommended his execution in May. Kevin Haley, 50, sat before a judge Wednesday morning to be sentenced for the murders he committed 30 years ago. Judge Kathleen Kennedy agreed with the jury's recommendation, saying the defendant's crimes "are among the worst this court has ever seen." "You don't put your hands around a woman's neck and squeeze the life out of her accidentally," Kennedy said. Haley was initially sentenced to death in 1988 for 1 of the murders. But in 2004, the California Supreme Court reversed the special circumstance allegations, resulting in his retrial. This time around, the jury ultimately ruled the special circumstances were true, saying that Haley murdered his first victim, 55-year-old Dolores Clement, during the commission of rape, sodomy, robbery and burglary. He was also convicted of killing 56-year-old Laverne Stolzy under similar circumstances. Her daughter, Beth, was 25 years old when her mother was brutally murdered. "I've battled deep depression, I've been under medical care, I've been diagnosed with post traumatic stress disorder, and I've had years of nightmares," Stolzy said in court. Her mother was getting ready for bed, when she was attacked inside her apartment and beat with a 2-by-4. "Please figure out how to carry out this sentence. Don't risk him ever getting released or escaping. Give the taxpayers some relief and give Laverne Stolzy justice," she said. Acting as his own attorney, Haley admitted he wanted a death sentence. He then spoke before the court and said the justice system is broken, claiming he never sexually assaulted his victims. The judge responded by telling Haley that he's not the victim. Capital punishment was declared unconstitutional by a California judge nearly 3 months ago. No executions have been carried out in the state since a moratorium was placed on the death penalty in 2006. The district attorney's office said Haley will be sent to San Quentin, where he will sit and wait on death row. (source: KABC news) USA: Criticizing the tenure of AG Eric Holder based on the death penalty as a human rights issue This extended New Republic commentary authored by Mugambi Jouet, somewhat inaccurately titled "What Eric Holder - and Most Americans - Don't Understand About the Death Penalty," takes shots at Holder's specific record on the death penalty: Attorney General Eric Holder's recent resignation announcement prompted a flurry of assessments on his 6 years of service under President Obama. He let Wall Street off too easy. He was a hero to the poor. He compromised civil liberties in the name of national security - and defended civil rights better than any attorney general before him. But the debate over Holder's record has overlooked one of the most important aspects of his legacy. Holder has been profoundly at odds with the rest of the Western world on one of the most significant human rights issues of our time: the death penalty. All Western democracies except America have abolished capital punishment and consider it an inherent human rights violation. America further stands out as one of the countries that execute the most people. 39 prisoners were executed by the United States in 2013. While that figure marked a continuing decline in the annual number of U.S. executions, it still placed America 5th worldwide, right behind several authoritarian regimes: China, Iran, Iraq, and Saudi Arabia. No federal prisoner has been executed since 2003, yet Holder's decisions could ultimately lead this de facto moratorium to end, as he authorized federal prosecutors to pursue capital punishment in several dozen cases. "Even though I am personally opposed to the death penalty, as Attorney General I have to enforce federal law," Holder has argued. Prosecutors actually have the discretion not to pursue the death penalty at all - at the risk of losing popularity - since enforcing the law does not require pursuing capital punishment as opposed to incarceration.... Holder notably approved the decision to seek the death penalty in the federal trial of Dzhokhar Tsarnaev, who is accused of perpetrating the Boston Marathon bombings of 2013 - and whom a majority of Americans want to be executed. Nevertheless, the state of Massachusetts has abolished the death penalty and only 33 % of Boston residents support executing Tsarnaev as opposed to sentencing him to life in prison without parole. However, Holder's decisions supporting capital punishment have hardly been limited to terrorism cases. For example, he authorized the recent decision to seek the death penalty for Jessie Con-Ui, a Pennsylvania prisoner accused of murdering a federal correctional officer.... The death penalty is rarely framed as a human rights issue in America, unlike in other Western democracies. That's partly because the principle of human rights plays a very limited role overall in the legal and political debate in the U.S., where "human rights" commonly evoke foreign problems like abuses in Third World dictatorships - not problems at home. The situation is different on the other side of the Atlantic, where the European Court of Human Rights tackles a broad range of problems facing European states, from freedom of speech to labor rights, discrimination, and criminal justice reform. National human rights commissions also exist in multiple countries, including Australia, Denmark, France, Germany, and New Zealand. These bodies focus mostly or exclusively on monitoring domestic compliance with human rights standards. On the other hand, the Tom Lantos Human Rights Commission, an arm of the U.S. Congress, focuses on the human rights records of foreign countries. The relative absence of human rights as a principle in modern America is remarkable given how U.S. leaders actively promoted the concept in its infancy. President Franklin Delano Roosevelt invoked "human rights" in his "4 Freedoms Speech" of 1941. Eleanor Roosevelt was among the architects of the Universal Declaration of Human Rights of 1948. As the human rights movement progressed in later decades, Martin Luther King said in 1968 that "we have moved from the era of civil rights to the era of human rights." Even though Holder regards King as one of his models - and despite his proposals to make the U.S. penal system less punitive and discriminatory - the nation's 1st black attorney general hardly put human rights at the center of his agenda. The death penalty is far from the only human right issue where America stands apart from other Western democracies. America effectively has the world's top incarceration rate, with 5 % of the world's population but 25 % of its prisoners. America is likewise virtually alone worldwide in authorizing life imprisonment for juveniles. Its reliance on extremely lengthy periods of solitary confinement has been denounced by the U.N. Special Rapporteur on Torture. The extreme punishments regularly meted to U.S. prisoners are generally considered flagrant human rights violations in other Western countries. Nevertheless, Holder argued that America has "the greatest justice system the world has ever known." By the same token, no other modern Western democracy has gone as far as America in disregarding international human rights standards as part of anti-terrorism measures. This trend has been epitomized by indefinite detention at Guantanamo and the torture of alleged terrorists under the Bush administration. These practices have sharply divided U.S. public opinion but only a segment of Americans have depicted them as "human rights" abuses.... [T]he limited weight of human rights in the U.S. legal and political debate is not without consequences. Human rights are a far stronger basis to oppose practices like the death penalty or torture than the administrative arguments frequently invoked in America. The human rights argument against such practices is largely based on the premise that they violate human dignity.... Holder's narrow focus on problems with the administration of capital punishment suggests that he is among the many U.S. public officials and reformers who believe they have no duty to assess the "moral" issues regarding the death penalty. Whether this stance is justified or not, it seems quite exceptionally American in the modern Western world. Most contemporary European, Canadian, Australian, and New Zealander jurists probably would disagree with the notion that it is not their duty to assess whether executions violate human dignity. Martin Luther King, who considered the death penalty an affront to human dignity, argued that "a genuine leader is not a searcher for consensus but a molder of consensus." Perhaps Eric Holder - and his boss, Barack Obama - would have been willing to argue that the death penalty is dehumanizing if they did not fear losing popularity. (source: Sentencing Law and Policy) From rhalperi at smu.edu Thu Oct 9 12:09:38 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 9 Oct 2014 12:09:38 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 9 IRAN: UN human rights report expresses concern about surge in executions, torture and suppression Excerpts of October 2014 report of Dr. Ahmed Shaheed, the Special Rapporteur on the situation of human rights in Iran: "The human rights situation in the Islamic Republic of Iran remains of concern." "Various laws, policies and institutional practices continue to undermine the conditions needed for the realization of the fundamental rights guaranteed by international and national law." "Between July 2013 and June 2014, at least 852 individuals were reportedly executed representing an alarming increase in the number of executions in relation to the already-high rates of previous years. The Government also continues to execute juvenile offenders. In 2014 alone, 8 individuals believed to be under 18 years of age at the time of their alleged crimes were reportedly executed." "The execution of individuals for exercising their protected rights, including of freedom of expression and association, is deeply troubling. Members of ethnic minority groups, in particular those espousing ethnocultural, linguistic or minority religious rights, appear to be disproportionately charged with moharebeh and mofsed fel-arz, sometimes seemingly for exercising their rights to peaceful expression and association." "Continuing reports regarding the use of psychological and physical torture to solicit confessions indicate the widespread and systematic use of such practices. Of the 24 Iranian refugees in Turkey who provided testimony for the present report, 20 reported torture and ill-treatment and 16 psychological abuse, such as prolonged solitary confinement, mock executions and the threat of rape, along with physical abuse, including severe beatings, use of suspension and pressure positions, electroshock and burnings. Reports of amputation and corporal punishment (e.g. flogging), which are considered incompatible with article 7 of the International Covenant on Civil and Political Rights, were also received." "Recent cases regarding several other Internet users underscore a pattern of continuing general repression of freedom of expression and, in some cases, freedom of movement." "Severe content restrictions, intimidation and prosecution of Internet users and limitations on Internet access through throttling and filtering persist, however. Some 5 million websites remain blocked. The top 500 blocked websites include many dedicated to the arts, social issues, news and those ranked in the top tiers of popularity nationally." "As at June 2014, at least 300 minority religious practitioners were reportedly imprisoned, including 3 active members of the Yarsan faith, in addition to members of newer spiritual movements." "At least 49 Protestant Christians are currently detained, many for involvement in informal house churches." (source: NCR-Iran) From rhalperi at smu.edu Thu Oct 9 14:36:21 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 9 Oct 2014 14:36:21 -0500 Subject: [Deathpenalty] death penalty news----ALA., KAN., COLO. Message-ID: Oct. 9 ALABAMA: Federal suit seeks to block Alabama execution An Alabama death row inmate has filed a federal lawsuit arguing that the state's new lethal injection drug combination has never been tried on any prisoner in the United States and amounts to cruel and unusual punishment. Boston attorney Aaron Katz filed the suit Wednesday night in Mobile on behalf of inmate Christopher Lee Price. The suit asks a federal judge to block the state from using a new, 3-drug combination to execute Price. The state prison system developed the combination after running out of one of the drugs in its old execution protocol. Alabama has not had an execution since 2013 because of the shortage, but state Attorney General Luther Strange asked the Alabama Supreme Court last month to set execution dates for Price and eight other inmates using the new drug combination. Price was sentenced to death for the killing and robbery of Fayette County minister Bill Lynn in 1991. Another death row inmate, Tommy Arthur, filed papers with the Alabama Supreme Court last week objecting to the new drug combination. Strange's office, which will defend the state against the suit, did not immediately respond to requests for comment. Alabama had previously used to use sodium thiopental or pentobarbital as the 1st drug in the combination to make an inmate unconscious, but it could no longer obtain those drugs. The suit said the new combination calls for midazolam hydrochloride, and it "will not induce general anesthesia sufficient to prevent an individual from perceiving and feeling pain." The suit cites executions in Arizona, Ohio and Oklahoma where midazolam hydrochloride was used and inmates gasped for gasped for air or writhed and groaned. State lawyers have defended the new drug protocol and noted that Florida has used midazolam hydrochloride without the problems cited in the suit. According to the Death Penalty Information Center, Florida and Oklahoma have used midazolam hydrochloride as part of a three-drug protocol, and Ohio and Arizona have used it as part of a 2-drug protocol. Alabama follows the 1st drug with the paralytic agent rocuronium bromide to stop breathing and then potassium chloride to stop the heart. Florida's 3-drug protocol uses a drug to cause paralysis, but it is not the same one Alabama uses, according to the suit. The suit says Alabama's 3-drug combination has never been tried on any U.S. prisoner and has never been approved for use by any state or federal court. (source: Associated Press) KANSAS: Death penalty trial possible in quadruple murder A Kansas man could face the death penalty for the murder of a mother and her 3 young children last November. David C. Bennett Jr., 23, is accused of sexually assaulting Cami Umbarger, 29, hours before returning to her home in southeast Kansas to strangle her and her children - Hollie Betts, 9, Jaxon Betts, 6, and Averie Betts, 4. A judge found probable cause for Bennett to stand trial for capital murder - or alternatively 4 counts of 1st-degree murder, 1 count of rape and 3 counts of criminal threat - after a hearing Wednesday. Details of the crime were first made public during the hearing. Bennett and Umbarger met at a club in Independence, Kan., about 30 miles from her home in Parsons, in June or July 2013, said Tabetha Edie, a friend of Umbarger, during the hearing. Afterwards, Bennett persistently contacted Umbarger by phone, text and online, Edie said. The contacts were threatening. Edie said she saw messages on Umbarger's computer at the nursing home where they both worked in which Bennett threatened to assault her and called her a whore. Another friend said she listened to a call early last November in which Bennett threatened to kill Umbarger and her children. A former police detective described investigating a video posted by Bennett to his Facebook page in which he threatened to kill someone, though he did not say whom. Bennett was referred to a state hospital for a mental health screening. Late last November - on the weekend before Thanksgiving - another friend of Umbarger, Steven Trammell, said he received a call at 5 or 6 a.m. Saturday. Umbarger said Bennett had broken into her home while she slept and sexually assaulted her. (source: normantranscript.com) COLORADO: Aurora releases report on response to deadly 2012 Colorado theater shooting The city of Aurora released a heavily redacted 188-page report Wednesday about the emergency response to the July 20, 2012, deadly movie theater shooting. 12 people were killed and 58 others were injured at the midnight showing of "The Dark Night Rises" at the Century Aurora 16 Multiplex Theater. James Holmes stands accused of the shooting and is awaiting trial. Prosecutors are seeking the death penalty. The report was ordered released by a judge in August and the city had until Tuesday to appeal.The report says the 1st police unit arrived less than 2 minutes from the 1st 911 call and multiple responders arrived within 3 minutes and details what went right and what went wrong on the night of the shooting. "The combined actions of Aurora police, fire and public safety communications saved all the injured who had suffered survivable wounds. Police apprehended XXXXXXX (James Holmes) immediately upon arrival at the scene. These optimum results were obtained thanks to many individual police officers and firefighters making sound emergency decisions under great pressure." "Overall, there probably could not have been much better deployment and results than the Aurora police achieved. They deployed on the fly, with self-deployments initially, then gradually implementing more formal incident command. The 1 large exception to the success was the inadequate relationship with fire department command during the key part of the incident, but that did not affect the outcome - at least not this time." More than 80 recommendations were added to the report that could have made the response better, including better communication between police and fire responders. "While there are things to improve, as is always found in hindsight, the City of Aurora should be proud of its response to the largest civilian shooting in U.S. history, and the largest mass casualty incident in Aurora's history. ... The outcome could not have been better in terms of lives saved and a rapid arrest," the report says. "The neighboring jurisdictions and federal agencies, especially the FBI, provided excellent, timely assistance in force. "The City is aware of the lessons learned, and has already taken measures to implement changes. It is hoped that the findings and recommendations will be useful to other jurisdictions as well." (source: Fox News) From rhalperi at smu.edu Thu Oct 9 14:37:17 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 9 Oct 2014 14:37:17 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 9 GHANA: Ghana at crossroads over death penalty Ghana is willing to abolish the death penalty and progress onto a higher level of the human rights ranking, but the nation seems to have a tough time taking a definite decision, a human rights organisation has said. "The government of Ghana has stretched a hand of willingness to abolish the death penalty in Ghana to move the country onto a high level on our human rights ladder, however, the nation appears to be at crossroads at the moment," Amnesty International said on Thursday. Human rights organisations, religious bodies and civil society organisations have been urged to come together and chart an appropriate path that would ensure the ultimate goal of getting rid of death penalty was realised. Many believe that the death penalty is meant for armed robbers only and argue for the retention of the clause in Ghana's constitution because of the increasing spate of armed robbery cases in the country, Lawrence Amesu, director of Amnesty International (AI) Ghana, said. A lot of people also consider the death penalty as an effective deterrent, but Amesu said "we are all aware that this not the case". Despite the difficulties, Ghana is progressing steadily towards abolition of the death penalty from its statutes, saying this is the time stakeholders needed to step up their strategic campaigns for the expunging of the clause. Since the death penalty clause was included in Ghana's 1992 constitution, the courts continue to sentence people to death, although no executions have been carried out since 1993. Since then no president has signed any death warrant, instead, they have commuted the punishments to life sentences of life imprisonment. Referendum In 2011, the government set up a Constitution Review Commission (CRC) with a mandate to consult and offer recommendations for the review of the country's supreme laws. The CRC recommendation, among others, was the abolition of the death penalty, which was accepted by the government, however, as one the entrenched clauses, the recommendation ought to go to a referendum for the people of Ghana to make a decision. "There appears to be different views on this, thus placing Ghana at a crossroad as to which way to go," Amesu told a workshop on the abolishing the death penalty. A former human rights commissioner in the West African country, Justice Emile Short said a good number of people suggested during the CRC that the death penalty should be abolished. Those who opposed attempts to abolish it argued that "anyone who attempts to overthrow the constitutional order, the bases of all of our liberties and aspirations, must be sentenced to death," Short stated. Others had argued that the death penalty should be retained to serve as a deterrent to perpetrators of crimes such as murder, armed robbery and rape and to maintain order and security against treason. Short said people had also maintained that there is a worldwide move towards abolishing the death penalty and Ghana should follow suit, particularly when neighbours Togo and Benin had already led the way. Human rights advocate, Robert Amoafo told The Africa Report that the best alternative to death penalty is life imprisonment with productive labour. "Punishment meted out to offenders should be progressive and reformative, but not to dehumanise people and deny them of their fundamental human rights," he said. (source: Theafricareport.com) AFGHANISTAN: Kabul police release photo of executed Paghman rapist Kabul police released the 1st photo of one Paghman rapists who was executed in Pul-e-Charkhi prison on Wednesday. The perpetrators who were hanged to death, included Azizullah, Nazar Mohammad, Qaisullah, Samiullah and Habibullah. A security official said Thursday that the dead bodies of the executed individuals were handed over to their families on Thursday. The official speaking on the condition of anonymity said that the dead body of a senior Mafia leader who was hanged to death on the same day, was also handed over to his family. Former President Hamid Karzai signed off on the death penalty of five perpetrators of Paghman gang rape incident 2 days before the transfer of power. All 5 men were sentenced to death by primary and appellate courts in Kabul, which was approved by the Supreme Court of Afghanistan. *************************************** Executed Kabul rape convict's sister attempts suicide A woman attempted to commit suicide following the execution of 5 men over gang rape of 4 women in capital Kabul. According to the security officials, the woman shot herself with a pistol after her brother - Samiullah was hanged to death along with 4 others on Wednesday. The official from Paghman district police commandment said the woman was taken to hospital and is under the treatment in Ibn-e-Sina hospital. Samiullah along with Azizullah, Nazar Mohammad, Qaisullah and Habibullah were found guilty of armed robbery, kidnapping and gang rape of 4 women in Paghman district. The individuals were sentenced to death by the primary and appellate court and was approved by the Supreme Court of Afghanistan. Former President Hamid Karzai signed on the death penalty of 5 convicts along with the senior Mafia leader Habib Istalif before leaving office. The 4 women were returning along with their family from a wedding ceremony when they were abducted and repeatedly raped by the group earlier in August. (source for both: Khaama Press) From rhalperi at smu.edu Fri Oct 10 11:31:06 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 10 Oct 2014 11:31:06 -0500 Subject: [Deathpenalty] death penalty news----PENNSYLVANIA Message-ID: Oct. 10 PENNSYLVANIA: Killer of grandmother, infant, asks for death penalty As a jury prepared to resume a hearing to determine his punishment for the 2012 murder of a King of Prussia infant and her grandmother, the 28-year-old defendant told the judge not to bother. "I don't want this hearing," Ranghunandan Yandamuri quietly told Montgomery County Court Judge Steven T. O'Neill. "I would rather take the death penalty." Yandamuri, 28, a former information technology worker who immigrated from India on a work visa, did not explain his reasoning, and ultimately it was moot. After consulting with his court-appointed attorney at the urging of O'Neil, Yandamuri agreed to be present for the hearing and allow it to move forward. And after representing himself during trial, Yandamuris - who was convicted Thursday of 1st-degree murder - also agreed to allow Henry S. Hilles to represent him during the penalty phase. A Montgomery County jury will decide whether to sentence Yandamuri to death or life in prison after hearing from a slate of witnesses. Those proceedings are to begin Friday. Yandamuri's mother, Padmavathi, testified Thursday and tearfully asked the jury to spare her son's life. (source: Philadelphia Inquirer) From rhalperi at smu.edu Fri Oct 10 11:33:03 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 10 Oct 2014 11:33:03 -0500 Subject: [Deathpenalty] death penalty news----death penalty conference in the Philippines Message-ID: Manila, October 27-28, 2014 Ministers of Justice, Public Officials, Mayors, religious representatives, witnesses of the struggle for justice and human rights from several Asian countries (Philippines, India, Japan, Indonesia, Sri Lanka, Mongolia, Laos, Cambodia, Vietnam and others) and EU countries delegates will gather in Manila, for the first Asian International Conference "No justice without life" organized by the Department of Justice of the Philippines and the Community of Sant'Egidio in cooperation with the Municipality of Mandaluyong, Metromanila. The Conference is intended to offer a platform of dialogue to those countries who have initiated or are initiating a path towards a moratorium on executions, in order to open a dialogue to a renovation of justice, with priority to human rights and values, according to Asian cultural and religious heritage. The Conference, first in Asia, lies in the mainstream of the "No justice without life" global campaign initiated in 2005 by the Community of Sant'Egidio, an international lay association of catholic church based in Rome and worldwide spread. Joining this campaign, more than 2000 cities of 50 countries have declared being "Cities for life", creating an international network for life and restorative justice spread all over the world. More than 30 Mayors of Philippines "Cities for Life" will attend the Conference. Their commitment has brought many steps forward a restorative human justice in recent years, in Asia and worldwide. Venue: Edsa Shangri-la Hotel 1 Garden Way--Ortigas Center Mandaluyuong City, Manila, 1650 Draft Programme Monday Oct. 27 No Justice Without Life 15-17 pm Opening Session Tuesday Oct., 28 9-12 am session Cities For Life, The Global Campaign 15 pm Final Ceremony in Green Fields Square Mandaluyong, Public attendance, signature of Appeal for life and justice Follow us on Website: www.santegidio.org http://nodeathpenalty.santegidio.org Twitter: @CitiesforLife Contact: abolition at santegidio.org From rhalperi at smu.edu Fri Oct 10 15:00:08 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 10 Oct 2014 15:00:08 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, S.C., ALA., OHIO Message-ID: Oct. 10 TEXAS: State Seeking Death Penalty Against 1 of 3 Suspect in Mustafa Murder The 3 people accused in the April 14 shooting death of Benjamin Mustafa appeared in court Friday to determine whether the State will be pursuing the death penalty against them. Victoria Cavazos, Arturo Navarro and Daniel Garcia, all 26 years of age, were arrested and charged with capital murder. They are accused of shooting and killing Mustafa at his convenience store, the Tim's Market in the 1600 block of Ayers, during an attempted armed robbery. At the Nueces County Courthouse Friday, District Attorney Mark Skurka told the judge that the State would only be pursuing the death penalty for Garcia. For the other 2 suspects, the State is waiving the death penalty. (source: KIII news) SOUTH CAROLINA: Request to Remove Death Penalty Option Denied A judge denied a motion to take the death penalty off the table as a possibility for a Lexington County father accused of killing his 5 children. Lawyers for 32-year-old Timothy Ray Jones Jr. appeared in court Friday on his behalf. Jones is accused of killing the children at their home in Lexington County, then dumping their bodies in a rural area of Alabama. He was arrested at a traffic checkpoint in Mississippi. The judge held a hearing because Jones attorney accused the Lexington County Sheriff's Department of violating a recent gag order put on the case. The item in question was a May 2012 incident report that was given to the Associated Press. Jones' attorney asked the judge to fine the sheriff's department and take the death penalty away as an option for prosecutors. The judge denied the request saying that he doesn't believe that the sheriff's office deliberately released the documents to violate the gag order. The judge did say that he will make amendments to the gag order to make it more specific, and hopes that they will be able to still get a jury of Lexington County residents when the trial starts. (source: WLTX news) ********************* Judge denies Tim Jones Jr., first defense motions Timothy Jones Jr, the Lexington father accused of killing his 5 children waived his right to appear in court Friday morning. In a courtroom Friday defense attorneys saying they want the death penalty taken off the table for Jones. The defense is claiming the Lexington County Sheriff's Department violated a gag order when they released the incident report from May 29, 2012. According to that report he threatened to snap his wife's neck and shoot his neighbors. But Judge Thomas Russo denied that request because Russo doesn't think the LSCD willfully violated the gag order. That gag order was issued by Circuit Judge Thomas Russo last month after Jones' attorney argued; he couldn't get a fair trial due to the flood of publicity generated by the case. The order applies to comments made outside of usual legal proceedings pertaining to the case. The order says some records and court hearings remain public, but no comments made outside those venues are allowed by law enforcement, lawyers, court officials, medical examiners, possible jurors or anyone "potentially involved" in the trial. The release of 911 calls, coroner reports, investigators notes, witness statements, and documents about Jones medical and mental conditions is also barred. Investigators say the children, ranging in age from 1 to 8, were last seen with their father in Lexington County. Lexington County authorities say the father, who is the children's primary legal custodian, was detained on Saturday, September 6 in Raleigh, Mississippi, Police said when Jones was pulled over; officers saw children's clothes but no children. Investigators also found blood and cleaning fluids in the car. Deputies say Jones later led them to the bodies of his 5 children in an Alabama field. (source: WACH news) ALABAMA: Death row inmate sues to stop new execution protocol An Alabama death row inmate wants a federal court to declare the state's new execution protocol cruel and unusual punishment. In a lawsuit filed in the U.S. Southern District for Alabama Wednesday, Christopher Lee Price, sentenced to death for the brutal 1991 murder of Bill Lynn, a Tuscaloosa minister, argues that the 3-drug protocol adopted by the Alabama Department of Corrections last month would cause excruciating pain and violate the Eighth Amendment to the U.S. Constitution. The Alabama Attorney General's Office had no comment on the lawsuit Thursday. The state long used sodium thiopental as its anesthetic in execution procedures, but switched to pentobarbital in 2011 after manufacturer Hospira stopped making sodium thiopental in the United States. The state acknowledged it was out of the drug earlier this year. On September 10, the Alabama Department of Corrections adopted a new execution protocol, revealing it in filings with the Alabama Supreme Court later that week. Under the procedure, the condemned would first be administered 500 milligrams of midazolam hydrochloride, a sedative; 600 milligrams of rocuronium bromide, a paralyzing drug and 240 milligram equivalents of potassium chloride, to stop the heart. Price's attorneys argue that the midazolam will not sedate Price during his execution, and that the use of rocuronium bromide will paralyze him while he experiences the pain of from potassium chloride, effectively masking the reaction to the heart-stopping drug. "Unlike sodium thiopental, midazolam hydrochloride will not induce general anesthesia sufficient to prevent an individual from perceiving and feeling pain from noxious stimuli such as rocuronium bromide and potassium chloride, even at high doses," the lawsuit says. "In other words, unlike sodium thiopental, it is substantially likely that midazolam hydrochloride will not render Mr. Price unconscious and insensate to the pain and suffering associated with rocuronium bromide (paralysis including forced suffocation) and potassium chloride (venous burning and stoppage of the heart)." The state argued in filings before the Alabama Supreme Court last month that the protocol, based on one adopted by Florida last year, had been upheld by both the Florida Supreme Court and the 11th Circuit Court of Appeals. Aaron Katz, Price's attorney and a partner in the Boston law firm of Ropes and Gray, said in an interview Thursday that botched executions in Ohio and Arizona, where midazolam was present, provided evidence against the procedure. "We have a nationally recognized anesthesiologist who is going to be testifying for us, and will make it very clear that executing someone with midazolam and potassium chloride will expose an individual to excruciating and prolonged pain," he said. "The state is using a paralytic agent to mask all that." In the botched Arizona execution, Joseph Wood, a convicted murderer, was heard to gasp at least 640 times before being pronounced dead. The lawsuit notes that Arizona has launched an investigation of its death penalty procedures and has delayed scheduling new executions until the review is complete. Price, 42, was convicted in 1993 of the murder of Lynn. According to court records, Price attacked Lynn with a sword and dagger, leaving him with 38 wounds and leaving him to die slowly. Katz said Price had changed while in prison. "I know he spends every day regretting it," he said. "But he's not the same person he was." Questions were raised at trial about the effectiveness of Price's counsel, who did not present mitigating evidence at his sentencing, particularly evidence of physical and sexual abuse of Price by his mother and other men. State and federal courts, however, declined to reconsider Price's sentence. The lawsuit is before U.S. District Judge Kristi DuBose. Thomas Arthur, another death row inmate, has a pending federal lawsuit challenging the state's previous death penalty protocol. His attorney filed a motion with the Alabama Supreme Court last week challenging the state's attempt to set an execution date for Arthur, noting the pending federal litigation. Katz said he was aware of the Arthur case, but that the 2 were unrelated. (soruce: Montgomery Advertiser) OHIO: Death row inmate Larry Gapen request for new trial continues Testimony will continue next year for Larry Gapen, the man on death row for killing 3 people in 2000. Galen wants a new trial based on several claims that include allegations of juror misconduct. Hearings will continue for a new trial on Jan. 9. Gapen was convicted in 2001 of using an ax to fatally beat his former wife, Martha Madewell, her companion Nathan Marshall and her 13-year old daughter Jesica Young in September 2000. The slayings occurred in their Pleasant Hill Drive home.The jury recommended death for Gapen in Young's killing and life without parole in the other slayings. According to the court filing asking for a new trial, Gapen's defense team claims: A juror emailed the trial judge prior to sentencing that was never disclosed to defense counsel.Another juror revealed during an interview with Gapen's lawyers in December 2011 that "an extremely violent crime had taken place on his property prior to his service as a juror, and the crime was similar in many respects to the charges Gapen faced at trial." Gapen's original post-conviction lawyer interviewed that juror, but the juror "apparently failed to divulge the information at that time" or during the selection of the jury in the guilt/innocence phase of trial. That 2nd juror claimed the jury, during its deliberations, was in possession of evidence that had not been admitted at trial and that it influenced the verdict. 1 of the jurors "was biased against anything other than a death sentence before the penalty phase" of trial. The Montgomery County Prosecutor's Office continues to oppose the hearing, arguing in its filings that there was no indication Gapen did anything to discover the information his counsel said they obtained from the jurors in question before December 2011. (source: WHIO news) From rhalperi at smu.edu Sat Oct 11 16:21:02 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sat, 11 Oct 2014 16:21:02 -0500 Subject: [Deathpenalty] death penalty news----IND., KAN., COLO., MONT., CALIF. Message-ID: Oct. 11 INDIANA: Quadruple homicide suspect allowed to marry in jail A Marion County judge has ruled that the suspected triggerman in 4 homicides can get married in jail. Kenneth "Cody"Rackemann has been petitioning to marry his fiancee, Tia Brassfield, as he awaits trial on 4 murder charges. The Marion County prosecutor's office is seeking the death penalty for Rackemann. Marion Superior Court Judge Kurt Eisgruber initially denied the request, but said he'd reconsider after he heard from the Marion County Sheriff's Office. In a response filed last week, the Sheriff's Office listed restrictions that need to take place if Rackemann and Brassfield were to marry in jail. The ceremony will be performed by the jail chaplain. Brassfield must be the only non-Sheriff's Office staff at the ceremony and witnesses must be provided by the agency, according to documents. Rackemann's attorney also is allowed to attend. All conditions about the jail wedding, including date and location within the jail, will be set by the jail commander, according to documents. The Sheriff's Office also will not allow photographs or any physical contact between the bride and groom. Prosecutors objected to the request because of the cost that will be incurred to ensure security during the ceremony. Rackemann, 24, is accused of killing 3 people and wounded 1 during a robbery in a Southeastside drug house in February. The alleged triggerman faces murder charges in the fatal shootings of Walter "Buddy" Burnell, 47; Jacob Rodemich, 43; and Kristy Sanchez, 22; and the wounding of Hayley Navarro, 21. Rackemann, his cousin Anthony "Ant" LaRussa, 26; Valencia Williams, 21; and Samantha Bradley, 20; are charged with murder, robbery and conspiracy to commit robbery. When he ran out of bullets and could not get a shotgun to fire, Rackemann allegedly directed Williams to kill the wounded Navarro. All 4 murder suspects participated in the robbery attempt, authorities said. Prosecutors believe the slayings were committed during a botched robbery at Burnell's house, where large quantities of methamphetamine, heroin, marijuana and prescription narcotics were sold, witnesses told investigators. Court documents said Rackemann worked as security for Burnell. A smiling Brassfield said she's glad that their rights to get married will no longer be denied. She said she and Rackemann have been together since 2007. "I'm excited. I cannot wait. I love him," Brassfield said. "Why else would you want to get married?" (source: Indianapolis Star) KANSAS: Families of Carr brothers' victims seek removal of 2 Kansas Supreme Court justices The experience was excruciating. Friends and family members of the victims of Jonathan and Reginald Carr had to listen to judges and lawyers bring up all the ugly details of the murders again after 14 years as they sat through the Carrs' death-penalty appeal hearing before the Kansas Supreme Court in December. "It was like they were talking about the weather," said Amy Scott James, who dated Brad Heyka, 1 of 5 people killed by the brothers in 2000 in Wichita. When the hearing was over they they left the room shell-shocked, James said. "We were very offended just at how they conducted themselves," she said. "They were very arrogant and very rude at how they treated the people who presented." In July, the court rendered its decision: By a 6-1 majority, it overturned the Carrs' death sentences and struck down 3 of each man's 4 capital murder convictions. James said Friday that 10 of the victims' family members have formed an organization opposing the retention of 2 of the justices who were part of that decision. Kansans for Justice wants voters to remove justices Lee Johnson and Eric Rosen from the court in November. Supreme Court justices stand for retention every 6 years. Johnson and Rosen are the only court members up for retention this year. "Our family was devastated by the murderous crime spree of the Carr brothers," Mark Befort, brother of 1 of the victims, Jason Befort, said in a written statement. "We had to re-live the hideous acts when the Carr brothers were tried 2 years later. "Now the Kansas Supreme Court has voted to either eliminate these verdicts or force all of the family members and surviving victims to have to once again re-live those crimes in court, or see these guilty verdicts erased. This is an outrage and we will be fighting from now through November 4 to get Kansans to understand the injustice the Kansas Supreme Court is creating." Despite the ruling, prosecutors have said the Carr brothers still face life sentences for the lone capital murder conviction. "The results of the decision by the Supreme Court creates 1 certainty: Jonathan and Reginald Carr will not be released from prison," Sedgwick County District Attorney Mark Bennett said at the time. Bennett and Kansas Attorney General Derek Schmidt issued a joint statement that same day saying they would review the opinions and work together "to determine the next steps that must be taken in these cases." Rosen, one of the justices, said Friday: "I have been recognized by victims and their families, media covering criminal proceedings, and a variety of organizations, including a former attorney general, for my compassion and sensitivity toward crime victims. At the same time, my colleagues and I have a legal and ethical duty to uphold the constitution and the laws of the state of Kansas, which sometimes are at odds with victims' or their families' wishes." He said he couldn't comment further on pending or future matters before the court. Johnson wasn't available for comment. 'Perfect trial' In their ruling, the majority on the court said they overturned the Carrs' death sentences because the district court judge who presided over the brothers' trial - the late Paul W. Clark - was in error when he refused to hold separate sentencing proceedings for the men. In overturning the capital murder convictions, they said the instructions to jurors had been flawed because the judge tied those capital murder charges to the rape of the surviving victim rather than the deceased ones. The majority also said 3 of the capital murder charges were duplicates of the 1st. Justice Nancy Moritz was the lone dissenter. The court by a 4-3 margin rejected the brothers' contention that all their convictions should be overturned because they were not given separate trials. The justices affirmed 25 of Jonathan Carr's 43 convictions; 32 of Reginald Carr's 50 convictions were upheld. The court's ruling sparked outrage around the state. 4 of the victims - Heyka, 27, Jason Befort, 26, Aaron Sander, 29 and Heather Muller, 25 - were killed execution style in a snowy soccer field near K-96 and Greenwich on Dec. 15, 2000. 1 person survived and testified against the Carrs at their 2002 trial. The other murder conviction came from the shooting 4 days earlier of 55-year-old Linda "Ann" Walenta during an apparent robbery and carjacking. She later died from her injuries. In an interview, Mark Befort said the case could be tried 100 times and the verdicts against the Carrs would be the same, due to all the evidence against them. That is why the court's decision makes no sense to him, he said. "You don't have to have a perfect trial, it just has to be a fair trial, and we gave them a fair trial," Befort said. Befort said his 2 sons were young at the time of the original trial, but are adults now. "They don't know any of the details of what they (the victims) actually went through," he said. "Now, they're going to get exposed to that stuff, and that really makes me upset." James said the move to oust Johnson and Rosen from the court isn't personal. "I just do not think they should be on the bench," she said. She didn't know whether the families would campaign against the other justices who voted with the majority as they come up for retention. "I think we're just really focusing on the situation as it exists," she said. Kansans for Justice has established a website, www.kansansforjustice.com. Family members have posted letters on the site urging voters not to retain the 2 justices. Kim Voss, Jason Befort's sister, referred to the engagement ring she and Befort had picked out for his girlfriend, the lone survivor, a week before the murders. "That ring ended up stolen and found in Jonathan Carr's pocket when he was arrested," Voss wrote in her letter. "To this day, that ring is 'evidence,' locked up in a closet should it be needed again. Unfortunately that is what the Supreme Court has ordered 14 years later, two separate trials to parade the evidence in front to 2 more juries." Brad Heyka's father, Larry, said removing the justices will send a message about what Kansas residents want and deserve from the judicial system. "We do not need additional trials for the Carr Brothers and suffering and pain from family, friends, and witnesses," his letter said. (source: kansas.com) COLORADO: The church, the death penalty and politics During Thursday night's 9NEWS gubernatorial debate, Gov. John Hickenlooper made news by committing that he would not commute the death sentences of Nathan Dunlap or any other inmate on Colorado's death row, but former Congressman Bob Beauprez also shared a noteworthy explanation of his view of the death penalty from a Catholic perspective. 9NEWS anchor Kyle Clark asked Beauprez: "You have said that your opposition to abortion is rooted in your strong Catholic faith. You have called elected pro-choice Catholic Democrats 'heretics.' I'm curious how you came to decide that your church is right on sanctity of life for the unborn, but wrong on sanctity of life as it applies to the death penalty, which you support." Beauprez offered this response: "Because I've talked to, let me quote him, Archbishop Chaput. And people are very confused about this and that's why I went to him, as, I think, a credible source on what church doctrine is. Many Catholic clergy believe, as the governor now says he does, that they're anti-death penalty. But the Archbishop made it very clear to me. He said, 'Bob, you pray on it, sleep on it, reach what is right for your soul and I'll back you up, because church doctrine is not anti-death penalty.' I want to be very clear about that..." Archbishop Charles Chaput served as the Archbishop of Denver from 1997-2011, when he assumed the same role with the Archdiocese of Philadelphia. A spokesman for the Archdiocese of Philadelphia, Kenneth Gavin, emailed 9NEWS a statement about Beauprez's comments. "As to Catholic belief: Both Scripture and long Church teaching uphold the basic legitimacy of the death penalty. But the Church also teaches that in the developed world, the circumstances requiring the death penalty for the purposes of justice and public safety rarely exist. Therefore the death penalty should not be used." As to what the archbishop said to Beauprez, Gavin said Archbiship Chaput would not be able to comment on private conversations years in the past. Gov. Hickenlooper says he is opposed to the death penalty and would not sign the order to execute convicted Chuck E Cheese killer Nathan Dunlap, instead "pausing" the process and allowing the next governor to decide whether to schedule his execution, or commute his sentence to life in prison. (source: KUSA news) MONTANA: Fitzpatrick, Moretti compete for House District 20 seat Steve Fitzpatrick Office sought: House District 20 Political party: Republican Age: 35 Birthdate and place: December 2, 1978, in Helena Home: Great Falls Occupation: Attorney Family: Married to Julia (Handwerk) Fitzpatrick. 2 daughters, ages 6 and 3 Professional experience: Attorney. I practice civil litigation. My areas of practice include products liability, insurance coverage, trusts and estates litigation, personal injury, commercial litigation, and construction law. Partner, Smith, Walsh, Clarke, and Gregoire, PLLP, Great Falls, Montana (2006 to present). Law clerk, Judge Thomas Honzel, Montana First Judicial District Court, Helena, Montana (2004-2005). Arizona State University College of Law, J.D. (2001-2004). Montana State University, B.S. in Biological Sciences (1997-2001). Military experience: None. Political experience: Elected to Montana House of Representatives in 2010 and 2012 from House District 20. Served on Business and Labor, Natural Resources, and Local Government committees in the 2013 session. Vice chairman of Local Government committee. Currently serving on the Water Policy Interim Committee. Campaign website: None. Why are you running as a Republican? I am a Republican because I believe the values of the Republican Party provide the most effective way to make Montana the best place to live, start a business and raise a family. I believe our state government should be fiscally responsible and a good steward of public resources. In addition, I believe our state government should improve economic opportunity for all Montanans by lowering taxes, eliminating unnecessary regulation and encouraging responsible natural resource development. Should the state eliminate the death penalty and opt for life without parole? I do not believe Montana should eliminate the death penalty. Although I do not believe the death penalty is an appropriate punishment for all criminal acts, there are some circumstances where the death penalty is an appropriate form of punishment. The death penalty should only be imposed after a person is given a full and fair opportunity to present evidence of innocence and where a jury believes a person acted purposely to commit the crime. Bob Moretti Office sought: House District 20 Political party: Democrat Age: 66 Birthdate and place: Dec 27, 1947, in Niagara Falls, N.Y. Home: Great Falls Occupation: College professor and community volunteer Family: Wife, Muriel, and 2 children, Angela 38, Anthony, 42 (2 grandchildren) Professional experience: September 1998 to present adjunct professor; 2011-2014 Great Falls school board trustee; 2007 assistant director/deputy health officer, Cascade City-County Health Department; 1998-2006 chief of environmental management, Malmstrom AFB; 1981-1998 deputy base civil engineer, Malmstrom AFB. Military experience: U.S. Navy 1967-1971, U.S. Air Force civilian 1976 to 2006 Political experience: Great Falls Public Schools trustee 2011-2014 Campaign website: morettiforhd20.weebly.com Why are you running as a Democrat? I am running as a Democrat because I want to share my experience and leadership with the citizens of House District 20 on issues that affect them. I hope to get important legislation passed instead of letting issues get bogged down. We need to work together to solve problems. Should the state eliminate the death penalty and opt for life without parole? This is a difficult question, however, penalties are supposed to be a deterrent to crimes. I believe that the death penalty as approved is appropriate for certain crimes. Our justice system needs to be fair and reflect the feelings of Montanans. (source: Great Falls Tribune) CALIFORNIA: Convicted killer faces death penalty trial in Sacramento Bryan Cordell Johnson has already been convicted in 1 strangulation killing. On Friday, he was ordered to stand trial in a 2nd - and faces the death penalty if he is found guilty in that one, prosecutors said. Johnson, 49, is serving a 25-years-to-life term in prison for the November 2007 murder of Sofia Marta Marquez, 26, a transient whose body was found on an onramp to Highway 99 in south Sacramento. Johnson has since been charged in the July 17, 2007, rape and murder of Robin Stephens, 42, in her Oak Hollow Drive apartment in Foothill Farms. Sacramento Superior Court Judge Laurie M. Earl issued the holding order Friday on Johnson after the testimony of sheriff's Detective Brian Meux linked him to the strangulation of Stephens. Meux cited the statements of several witnesses who told police that Johnson had made sexually suggestive remarks about Stephens in the days before she was slain and that he was seen near her apartment the night before her nude body was discovered in her residence. "She was scared of him," 1 witness told investigators that Stephens had told her before the killing, according to Meux's testimony. Johnson, the witness said, "made a comment that he was going to creep through her window" and rape her, Meux testified. Witnesses said that Johnson and Stephens had done crack cocaine together, according to Meux's testimony. Despite the witness statements investigators obtained in the period after Stephens' death, they were not able to put together a case to conclusively pin responsibility on Johnson. "We just didn't have enough evidence to point toward a specific person," Meux testified. A DNA hit in July 2009 connected Johnson to the Marquez killing, sheriff's officials said 5 years ago. Deputy District Attorney Donell Slivka said Friday that Johnson's genetic material was found underneath Marquez's fingernails, although there was not enough evidence to add a sex count to the killing of the woman. DNA from the Stephens case provided the link that tied Johnson to her sex killing, according to the Sacramento District Attorney's Office. (source: Sacramento Bee) From rhalperi at smu.edu Sat Oct 11 16:21:54 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sat, 11 Oct 2014 16:21:54 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 11 PHILIPPINES: PHL joins int'l declaration for death penalty abolition As part of World Day against the Death Penalty, the Philippines on Friday joined an international joint declaration calling for the abolition of the death penalty. Joint Declaration as posted by DFA As we mark the 12th World Day against the Death Penalty, we jointly call for a world which respects human dignity. The death penalty, one of the most complex and divisive issues of our time, continues to question the fundamental values of our societies and to challenge our understanding of criminal justice. We respect the views of those who still support the use of the death penalty, and we believe that everyone has a right to be protected from violent crime. However, we consider that state executions should not be taking place in the 21st century. Modern justice systems must aspire to more than retribution. The main objections to the death penalty are well known. Despite popular belief, there is no evidence supporting the claim that executions deter or prevent crime. No justice system can ever be guaranteed free from error, meaning that death sentences may cause the innocent to be put to death. Often, capital sentences are disproportionately imposed on poor, vulnerable and marginalised persons, aggravating discrimination against the weakest in society. Finally, the capital sentence provides victims of crime and their families neither with commensurate compensation nor with spiritual relief. On the contrary, state killing results in more hatred and violence - the exact opposite of what modern justice systems should be trying to achieve. This joint call, which we address to the world at large, is the first ever launched by Foreign Ministers of both abolitionist and non-abolitionist States. We recognize that exchange and cooperation are needed to move together towards more effective and more humane justice systems. Together, our countries have the experience and the drive to turn the death penalty into a sentence of the past. A vast majority of countries already supports worldwide death penalty abolition; we hope that all countries will soon join this trend. Philippine foreign affairs secretary Albert del Rosario joined 11 counterparts in issuing the declaration in favor of the abolition of death penalty, the Department of Foreign Affairs said. "For the 1st time, countries still seeking to achieve abolition are joining their voices to those of abolitionist countries. The Declaration contains 1 central message: The growing awareness about the numerous risks and failures of capital punishment is adding strength and dynamism to the worldwide trend towards universal abolition," the DFA said. It added informed discussions on the death penalty's shortcomings and myths are "more than ever needed." The DFA noted the number of countries still with the death penalty continues to steadily decrease - while only 14 countries abolished capital punishment in 1974, "that number now stands at about 100 and is set to increase further." "If we add those countries that have not carried out executions for at least 10 years, there are now nearly 160 death penalty-free countries," it said. On the other hand, the DFA said the "risks and failures" of the death penalty are becoming clear with innocents being wrongly sentenced to death. Also, it lamented convicts spend years in legal battles while sitting on death row, amid discrimination against the poor and the marginalized. In the case of the Philippines, the DFA noted the 1987 Constitution and laws underline its policy against the death penalty. Citing the Charter's Section 11, Article 11, it said the State "values the dignity of every human person and guarantees full respect for human rights." Section 19 provides that "Excessive fines shall not be imposed.. Neither shall the death penalty be imposed." Also, the Philippines enacted Republic Act 9346 or An Act Prohibiting the Imposition of the Death Penalty in the Philippines on June 24, 2006. "The Philippines believes that imposing the death penalty cannot fully deter crime, and that the deterrence to criminality is a combination of several factors, such as an empowered citizenry, a skilled and trusted law enforcement sector, an effective prosecutorial service, and an independent judiciary," it said. (source: GMA News) ZIMBABWE: No executions under my watch, Mnangagwa "The death penalty is the ultimate denial of human rights and a cold blooded and abhorrent killing of a human being by the state in the name of justice." Justice Minister Emmerson Mnangagwa on Friday said Zimbabwe will not see an official execution under his watch. Mnangwagwa was addressing delegates at a function organised by the Zimbabwe Association for Crime Prevention and Rehabilitation of the Offender (ZACRO). The meeting was held to observe the Anti-Death Penalty Day. "I want to pronounce myself clearly that the death penalty is the ultimate denial of human rights and a cold blooded and abhorrent killing of a human being by the state in the name of justice," Mnangagwa said. "Cases have been clinically documented where the death penalty actually incited capital crimes it was supposed to deter." He added: "Since time immemorial the death penalty has been a contentious issue the world over. "It's barbarism, sadism and inhumanity coupled with the inevitable fallibility of the human judgement on the part of those pronouncing the verdict is persuading an increasing number of governments both developed and developing to move away from the imposition of the death penalty." Mnangagwa's strong position against the death penalty probably stems from the fact that he came within a whisker of being hanged by Ian Smith's regime during the liberation war, only to be saved by his age. He said there have been numerous cases of miscarriage of justice that had been discovered way after capital punishment had been exercised. "I take pride in the fact that Zimbabwe has also recently become a de facto abolitionist country given that we have not carried out any executions in the past 10 years and there is not a likelihood of that happening under the current circumstances," Mnangagwa said. Zimbabwe's constitution, crafted under the coalition government and confirmed in a referendum last year, came short of abolishing capital punishment. Section 48 (1) of the Constitution says every person has a right to life but section 48 (2) qualifies this by stating that a law may permit the death penalty to be imposed on a person convicted of murder committed in aggravating circumstances. Section 48 (2) (c) further provides that the death penalty must not be imposed on a person who was less than 21 years old when the offence was committed and who is more than 70-years-old. Section 48 (2) (d) prohibits the death penalty on a woman. According to Mnangagwa, the constitution also stipulates that the death penalty may not be imposed as a mandatory punishment and that convicted persons have a right to seek clemency from the President. "In comparison with the Lancaster House constitution, the new constitution has reduced the number of capital crimes from three to one excluding treason," he said. The Justice Minister also revealed that starting this week, he will seek cabinet authority to commute the sentences of 98 prisoners currently on death row to different levels of punishment. "We have 98 inmates on death row including one female and I had bundled them into 1 group and approached cabinet to consider commuting their sentences either to life or to some other jail term. "I lost that fight because I was asked to look at all these on a case by case basis. But after consultations and representations I was allowed to bring these cases in batches of 10. "So I can tell you now that beginning this Tuesday when cabinet meets the first 10 cases will be argued and I am sure some will succeed some will not," said Mnangagwa adding that it is guaranteed that the woman will not be executed with her commuted sentence to be known after next week's cabinet meeting. (source: New Zimbabwe) INDIA: Gallows only for meticulously executed diabolic murders: SC The Supreme Court has said that when an accused executes a meticulously planned diabolic murder, without provocation or acting on the spur of the moment, and becomes a menace to society, then the crime falls in the category of rarest of rare cases warranting the death sentence. "In our considered view, the "rarest of the rare" case exists when an accused would be a menace, threat and anti-thetical to harmony in the society," said the apex court bench of Chief Justice H.L. Dattu, Justice R.K. Agrawal and Justice Arun Mishra in their Oct 9 order. Holding that the death sentence in such cases was the only appropriate punishment, Chief Justice Dattu pronouncing the order said, "Especially in cases where an accused does not act on provocation, acting in spur of the moment but meticulously executes a deliberately planned crime inspite of understanding the probable consequence of his act, the death sentence may be the most appropriate punishment." The court said this while upholding the July 2, 2009, order of the Jharkhand High Court which had confirmed the Aug 1, 2008, order of the trial court convicting 4 accused of murder who had wiped out an entire family of 8 of their immediate relative over a land dispute. The trial court awarded all the 4 convicts the death sentence. However, the high court while confirming the conviction of the 4 by the trial court upheld the death sentence of 2 and commuted the death sentence to life imprisonment of the other 2 - Saddam Khan and Wakil Khan. "We are mindful that criminal law requires strict adherence to the rule of proportionality in providing punishment according to the culpability of each kind of criminal conduct keeping in mind the effect of not awarding just punishment on the society," the order said. "Keeping in view the said principle of proportionality of sentence or what it termed as "just-desert" for the vile act of slaughtering 8 lives including four innocent minors and a physically infirm child whereby an entire family is exterminated, we cannot resist from concluding that the depravity of the appellant's offence would attract no lesser sentence than the death penalty," the court said while upholding the order of conviction and sentencing by the trial court and its being confirmed by the high court with modification. In the present case on June 6, 2007, one Mofil Khan and others attacked his brother Haneef Khan when he was offering prayers at a mosque in Makandu village in Jharkhand with sharp-edged weapons. Haneef died on the spot. Thereafter, the assailants went to Haneef Khan's house and killed his 6 sons and wife. 1 of the sons was physically disabled. (source: Indiatv.com) TAIWAN: Advocates for death penalty demonstrate against court rulings Clad in black T-shirts with "gross injustice" written across their chests, about 30 supporters of capital punishment rallied in front of the Judicial Yuan yesterday to protest several recent court decisions, which they say failed to deliver justice for murdered children and their families. Led by Taiwan Children's Rights Association director-general Wang Wei-chun, the protesters voiced their discontent with 3 recent court rulings regarding crimes of a grisly nature, demanding capital punishment. The 3 cases include a ruling that sentenced Tseng Wen-ching to life in prison for killing a 5th-grade student by slitting his throat; another life prison sentence for Huang Wen-jing, who allegedly raped, gassed and murdered a college student after swindling NT$5 million (US$165,000) from her through blackmail; and an 8-year sentence for a man surnamed Chiu, who reportedly tortured to death the 5-year-old daughter of his coworker. The protesters draped large banners across barricades in front of the judicial building, chanting: "All shall refuse to feed criminals who torture and murder children." "Our judicial system has been kidnapped by a small handful of human rights groups," Wang said as she accused the Ministry of Justice and President Ma Ying-jeou of inaction. "If you don't interfere with unfair court rulings, what do the people want you for?" Minister of Justice Luo Ying-shay on Wednesday said she respected the court's verdict on Tseng. Luo said although she was personally against the death penalty as a Buddhist, she also acknowledged it received support from a majority of Taiwanese. Protesters hurled water balloons toward the steps of the Judicial Yuan, in a symbolic gesture to cleanse the blood of children passed away." 1 protester surnamed Chuang said that court rulings in Taiwan have long been far too lenient on criminals. "I think the sentences should be harsher. Basically, a life should be exchanged for a life," Chuang said. Wu Hsiao-ping, section chief of the Judicial Yuan's criminal department, received the group's complaints, saying that the government has heard their concerns. Wang's nephew was Wang Hao, a toddler who died after horrific abuse 2 years ago. The child's torturers allegedly used hammers to break his limbs and used pliers to rip off his nails. After a temporary moratorium from 2006 to 2009, Taiwan reimplemented capital punishment in 2010, with between 4 and 6 executions carried out each year since then. (source: Taipei Times) GHANA: France Embassy holds seminar on the Abolition of the death penalty On the occasion of the 12th World Day for the Abolition of the death penalty, the Embassy of France to Ghana invited Anne Souleliac, a lawyer practicing in Paris, specialized in human rights and a member of the Global Coalition for abolition of the death penalty. A seminar was organized with 50 people from Ghanaian institutional bodies in charge of Human Rights (the National Commission on Human Rights and Administrative Justice, Ministry of Justice), the civil society organizations engaged in the defense of human rights, lawyers, criminal law specialists, professors and law students, representatives of religious organizations and some international donors. The aim was to encourage and support the set-up of a coalition that will bring together key players from civil society acting in favor of the abolition of the death penalty in Ghana. Ghana has declared a moratorium on executions since 1993, but criminal courts still issue capital punishment. On the occasion of the constitutional review process, a referendum should be held in the coming months; the question of the abolition of the death penalty will be put to voters. (source: Ghanaweb.com) CHINA: China cult murder trial: 2 members sentenced to death ---- The trial of the 5 cult members began in August A Chinese court has sentenced 5 cult members for beating a woman to death at a McDonald's restaurant in Shandong province last May. 2 members were given death sentences, 1 was given a life sentence, and 2 were given 10 and 7-year jail terms. The victim was allegedly killed after she refused to give her phone number to the members, who tried to recruit her. The Church of the Almighty God cult is banned in China. However, it claims to have millions of members. 'A demon' Zhang Fan and her father Zhang Lidong were given death sentences by the Yantai Intermediate People's Court in Shandong on Saturday, state media reported. Lu Yingchun was sentenced to life imprisonment, while two other members, Zhang Hang and Zhang Qiaolian, were given 10 and seven-year jail terms. China's supreme court reviews all death sentences issued by lower courts and has the right to overturn them. The killing of 37-year-old Wu Shuoyan in May sparked national outrage. The cult members had entered a small McDonald's branch in Zhaoyuan, soliciting phone numbers and hoping to recruit members to their cult. Ms Wu was waiting in the restaurant with her seven-year-old son when she refused to give her phone number. The cult members then beat her to death, while screaming at other diners to keep away or face the same fate. Interviewed in prison later, Zhang Lidong showed no remorse. He said: "I beat her with all my might and stamped on her too. She was a demon. We had to destroy her." The public face of the Church of the Almighty God is a website full of uplifting hymns and homilies. But its core belief is that God has returned to earth as a Chinese woman to wreak the apocalypse. The only person who claims direct contact with this god is a former physics teacher, Zhao Weishan, who founded the cult 25 years ago and has since fled to the United States, correspondents say. Since the killing, Chinese authorities say they have detained hundreds of members of the cult. (source: BBC news) PAPUA NEW GUINEA: PNG rules out lethal injection in hunt for execution method Papua New Guinea's government has ruled out lethal injection as it continues in its hunt for a method to execute people. While the death penalty has never been outlawed in PNG, the government controversially revived it for violent crimes last year after a string of sorcery-related murders. The Secretary for Justice and the Attorney General, Lawrence Kalinoe, told a gathering in Southern Highlands that lethal injection had been dropped as an option because of restrictions placed on accessing the drugs needed by the manufacturer. Mr Kalinoe says a comprehensive report has been submitted to cabinet for it to choose from the remaining options: hanging, electrocution, deprivation of oxygen or firing squad. The Post Courier reports 13 people are currently on death row in PNG. (source: Radio New Zealand) NIGERIA: World Day Against The Death Penalty: 2 Exonerated Juveniles Call For Total Abolition In a press statement, Chino Obiagwu, the National Coordinator of the Legal Defence & Assistance Project (LEDAP), asserted that death sentences do not deter criminality. "Severity or harshness of the punishment is not a solution to crime," he said. "What deters potential criminals is not the extreme sentence for the offence, but the possibility of being caught and prosecuted." As the world again spoke out Friday against the death penalty, 2 exonerated Nigerian juveniles joined in urging Nigeria to abandon the much-criticised mechanism. She is 1 of only 51 countries that still have it in her judicial books. Monday Ilade Prosper, now 30, and Sopurichi Obed, both of whom were released from death row this year, spoke in favour of its total abolition. Prosper spent 11 years in Kirikiri Maximum Security Prison, 8 of them on death row, on which Obed spent a decade. In a press statement, Chino Obiagwu, the National Coordinator of the Legal Defence & Assistance Project (LEDAP), asserted that death sentences do not deter criminality. World Day Against The Death Penalty "Severity or harshness of the punishment is not a solution to crime," he said. "What deters potential criminals is not the extreme sentence for the offence, but the possibility of being caught and prosecuted." In that connection, he pointed out that in Nigeria, the possibility of arrest and prosecution when a crime is committed is nearly less than 10%. "As the world today reminds all the 51 retentionist nations including Nigeria of the dangers of continued use of the death penalty, LEDAP and hundreds of exonerated ex-death row prisoners call on Nigeria's National Assembly, and States Houses of Assembly to review their Criminal Code and the Penal Code laws to replace the punishment of death sentences with life imprisonment or other term of years. Such alternative humane punishments are the universally accepted norm, and Nigeria must join other democracies to say 'yes to life' and 'no to State murder'. When the government kills, it motivates citizens to belittle life and to wrongly pursue revenge as justice." Full text of the press statement: World Day against the Death Penalty: 2 Exonerated Juveniles call for total Abolition October 10, 2014: Today, as the world speaks out against the use of the Death Penalty, another exonerated juvenile walks home free after 11 years in Kirikiri Maximum Security Prison, 8 of which was spent on death row. Monday Ilade Prosper was barely 18 years in 2003 when he was charged with armed robbery in Benin City for forcefully collecting hissalary from his employer. He was a private driver to an industrialist who refused to pay his salary for 3 months. As his employer collected money from a bank, Mr. Monday threw sand on his face, took the bag of money and counted out his salary. He was arrested by the police and charged with armed robbery, convicted and sentenced to death in 2006 by Edo State High Court. This innocent boy waited for the hangman for 8 yearsin great trauma, especially with Governor Oshiemohle's resumed executions last year. But it was not to be, because now, the Court of Appeal Benin City division has allowed his appeal and overturned hisconviction and sentence. Their Lordships said the evidence was 'spurious' and the prosecution's case was too weak for a conviction for armed robbery. But what happens to Mr. Monday, who, now 30 years, faces the world in hopelessness and without a skill. Today, as he walks out of the prison, he will join millions of opposers of death penalty across the country to call on Nigeria as a nation to re-examine the continued use of the death sentence as punishment for crime. "It is time to abolish the death penalty. Many of my friends on CC (condemned cell) in Kirikiri are innocent. I know that as a fact. It is true," said Sopurichi Obed, another exonerated juvenile who was acquitted and released by the appeal court in Lagos in February 2014 after a decade on death row. Like Mr. Monday and Mr. Obed, the Legal Defence & Assistance Project (LEDAP), a legal services NGO, has in the last decade litigated over 210 cases of persons charged with capital offences or convicted and sentenced to death. In nearly 2/3 of the time, the charges were dismissed or convictions quashed, either for lack of credible evidence or on technical grounds. Most of the charges were armed robbery, and 95% of them were based on confessional statements of the defendants to the police, which in almost all cases the defendants would at the trial court deny their voluntariness or totally recant the confessions. A 2010 report on death penalty cases in Nigeria published by LEDAP showed that 36% of convictions and sentences to death over 10 yearsperiod between 1999 and 2009 were overturned by the Court of Appeal or Supreme Court, indicating a very high rate of wrongful convictions. In a 2010 national poll survey on the use of death sentences in Nigeria conducted by LEDAP and consortium of 28 NGOs across Nigeria, nearly a half of young Nigerians under the age of 30 years said they were opposed to the use of death penalty in Nigeria because it has not stopped violent crimes from increasing. Almost 52% of all the respondents in the survey supported the abolition of death sentence for offences that did not result in murder, with the highest of support for such abolition found in the South West states (71%) and the least in the North West (14%). The dangers of continued use of the death penalty are so grim to be ignored or avoided for political or religious reasons. Death sentence is dangerous to the society. It wrongly teaches that revenge is good justice, when indeed, it promotes sinister circle of violence and bloodshed.There is always a high likelihood that innocent persons may be sentenced and executed, as indeed many who had been executed in the past had pleaded of their of their innocence till they were done with the hangman or the firing squad. Death sentence does not deter criminality. Severity or harshness of the punishment is not a solution to crime. What deters potential criminals is not the extreme sentence for the offence, but the possibility of being caught and prosecuted. In Nigeria, the possibility of arrest and prosecution when crime is committed is nearly less than 10%. With a population of over 170 million and crime victimization rate of nearly 920 out of every 100,000 per year, Nigeria still has a prison population(remand and convicted) of fewer than 75,000. This means that most crimes are unresolved, and most criminals are not arrested and unpunished. This high rate of impunity and high possibility escape from justice for criminals is the motivation for crime and criminality, not the death sentences. This is demonstrated in many states in the south-east and south-south regions that introduced death sentence as punishment for the offence of kidnapping. Despite this severe punishment, the offence was still on the rise, with only in a handful of the incidents were the culprits arrested and prosecuted. As the world today reminds all the 51 retentionist nations including Nigeria of the dangers of continued use of the death penalty, LEDAP and hundreds of exonerated ex-death row prisoners call on Nigeria's National Assembly, and States Houses of Assembly to review theirCriminal Code and the Penal Code laws to replace the punishment of death sentences with life imprisonment or other term of years. Such alternative humane punishments are the universally accepted norm, and Nigeria must join other democracies to say 'yes to life' and 'no to State murder'. When the government kills, it motivates citizens to belittle life and to wrongly pursue revenge as justice. Chino Obiagwu National Coordinator, LEDAP - Legal Defence & Assistance Project. Winner: 2008 MacArthur Foundation award for Creative and Innovative Institution (source: saharareporters.com) PAKISTAN: Rallies seek abolition of death penalty Demonstrations were staged in Karachi and Hyderabad on Friday under the banner of the Human Rights Commission of Pakistan, demanding legislation to abolish capital punishment. Rights activists from various civil society organisations participating in the demonstrations were informed that in 1947 capital punishment could be awarded on murder and mutiny charges only, but at present there were 27 offences for which the death penalty could be awarded. Speaking at the demonstration organised at the Karachi Press Club by the HRCP and the Joint Action Committee, JAC's Mir Zulfiqar and HRCP's Akhtar Baloch said that many developed countries had already abolished this punishment. They said that capital punishment should also be abolished in Pakistan. The demonstrators were holding banners inscribed with their demand. They also raised slogans in support of their demands. In Hyderabad, rights activists marched from Radio Pakistan to the press club to mark the international day of abolition of capital punishment. Addressing the marchers, HRCP's Dr Ashuthama and civil society representatives Lala Hassan Pathan and Fareeda Channa said that civilized nations were examining the law of capital punishment. They said it was in 1863 when Venezuela abolished capital punishment for the 1st time in the world. Referring to a recent report, they said that death sentence had been abolished in 137 countries, while 60 other countries had the capital punishment law for murder cases only. They said it was a cause for concern that there were 27 different charges in which the death penalty could be awarded. However, they said, it was a positive sign that capital punishment was not awarded in the country during the past 6 years. They demanded that lawmakers move a bill in the national assembly to abolish law of capital punishment. (source: Dawn) From rhalperi at smu.edu Sun Oct 12 15:35:34 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sun, 12 Oct 2014 15:35:34 -0500 Subject: [Deathpenalty] death penalty news----DEL., LA., ARK., IOWA, WYO., MONT., USA Message-ID: Oct. 12 DELAWARE: DE Supreme Court sends McCoy death case back to judge A death penalty case is headed back to Superior Court but state justices have not overturned the conviction or the death sentence for Isaiah W. McCoy. Instead the full Delaware Supreme Court sent McCoy's case back to have Kent County Resident Judge William L. Witham Jr. better explain one of his rulings during jury selection. In an opinion written by Justice Henry duPont Ridgely, the Supreme Court asked Witham to articulate his reasons for not allowing McCoy, who acted as his own attorney, to remove a potential juror from the panel. Normally, during jury selection, each side is allowed to remove potential jurors if they have a good reason. In this case McCoy, who is black, used his "preemptory strikes" to remove fourteen Caucasian jurors and prosecutors objected to McCoy appearing to remove jurors based on their race. Ethnicity is not a valid reason to bar someone from a jury. The judge initially dismissed the objection but when prosecutors objected again to McCoy barring a different juror, Witham upheld the objection saying McCoy failed to articulate a legitimate reason for excluding the juror and he was seated on the panel. The justices said the trial judge did not explicitly cite the law regarding such jury challenges and did not offer a detailed explanation of why the juror was allowed on to the panel. So the justices sent the case back with instructions to the judge to offer a more detailed explanation for his ruling. McCoy was convicted and sentenced to death for the May 4, 2010 slaying of James Mumford during a drug deal gone away in the rear parking lot of Rodney Village Bowling Alley. The deal was supposed to be for 200 ecstasy pills and crack cocaine but during the transaction, in Mumford's car, witnesses said McCoy pulled out a gun and shot Mumford. (source: delawareonline.com) LOUISIANA: Lockport triple-slaying case heads to court Monday Attorneys for a man accused of fatally stabbing a Lockport woman and her daughters in their apartment are seeking to bar the death penalty and move the trial out of town, Lafourche District Court records show. Lafourche Parish Sheriff's Office David Brown, 36, of Houma and Texas, is charged with 3 counts of 1st-degree murder in the Nov. 4, 2012, deaths of 29-year-old Jacquelin, 7-year-old Gabriela and 20-month-old Izabela Nieves. Brown is set to stand trial April 20. The Capital Defense Project of Southeast Louisiana, led by New Orleans-based attorney Kerry Cuccia, has filed 16 motions to be presented Monday in Judge Jerome Barbera's courtroom in Thibodaux. Prosecutors, led by Lafourche Parish District Attorney Cam Morvant II, are seeking the death penalty for Brown. Brown's attorneys want the judge to rule out the death penalty because they claim it contradicts modern decency standards, doesn't follow consistent guidelines and has been imposed on innocent people, according to court documents. They cite prejudiced and uninformed jurors as other reasons capital punishment shouldn't be considered in the trial. The defense also seeks to move the trial out of Lafourche Parish. The public has already decided Brown is guilty and should be executed, meaning he would not get a fair trial in the parish, the attorneys claim. In addition, Brown's attorneys have filed a request for the prosecution to identify photographs to be used as evidence. The defense does not want "gruesome" images from the crime scene and autopsies to be included in the trial. The Nieveses' bodies were found in a fire set to cover up the killings, the Lafourche Parish Sheriff's Office has said. Detectives also believe Brown sexually assaulted Jacquelin and Gabriela. (source: Daily Comet) ARKANSAS: Judge To Rule On Motions In Fort Smith Machete Slaying A Sebastian County Circuit Court judge will issue a written ruling on more than 40 motions in the capital-murder case of a man accused of killing 2 men with a machete. Gregory Aaron Kinsey, 21, faces 2 counts of capital murder in the June 26, 2013, deaths of Brandon Prince, 39, and Nathan Young, 32, both of Fort Smith. Police found the 2 men dead outside a duplex in the 1600 block of North D Street. Sebastian County Prosecuting Attorney Dan Shue is seeking the death penalty. On Friday, Circuit Court Judge Stephen Tabor told Terri Chambers and Katherine Streett, co-counsel with the Arkansas Public Defender Commission, and Chief Deputy Prosecutor Linda Ward he should have written findings to them no later than Tuesday. Jury selection for the death-penalty trial is scheduled for Nov. 13-14, with the trial scheduled to begin Nov. 17. Defense attorneys signaled their belief the trial could go into the week of Thanksgiving. Tabor heard brief testimony Friday from 3 officers who took Kinsey into custody. 2 testified when Kinsey was asked if he knew why they were there, Kinsey replied, "because I stabbed those 2 guys" or something similar. The 3rd officer testified that Kinsey asked, "did they both die?" The defense is seeking to suppress that statement, arguing Kinsey wasn't given his Miranda warning before the question, "Do you know why we're here?" was posed. Streett withdrew a motion to suppress statements Kinsey made to police after he was arrested and Mirandized. Tabor, describing it as thinking practically and not legally, said in light of the defense withdrawing its motion to suppress Kinsey's later statement to police, he wondered how much effect suppressing that statement would have on the case. Ward said not having that statement wasn't that harmful to the prosecution, although she'd like it to be admitted at trial. On Friday, Streett also asked the judge to compel more than one dozen Fort Smith police officers who've refused to meet with the defense to sit down for interviews by defense counsel. Just before 10 p.m. June 26, 2013, Fort Smith police responded to a stabbing call at the duplex, where they found Prince and Young dead from extensive cuts with a sharp instrument. A witness, Nathan Maynard, 21, who lived in the unit next door, told police he was sitting with Prince and Young drinking beer on the front porch when they noticed a man, later identified as Kinsey, acting suspiciously as he walked down a nearby alley, the Times Record reported in June 2013. Maynard said Prince and Young confronted Kinsey about what he was doing before the situation escalated. Kinsey threw down grocery bags he was carrying and pulled a machete from his pants. Maynard told his friends to back off, but Kinsey continued to go after them with the blade. Maynard said he tried to help Prince and Young, and struck Kinsey with a piece of wood. Maynard locked Prince's 2 sons, ages 15 and 2, inside. Kinsey told police he was walking home from the Dollar Store when he thought he saw a man who used to date his mother. Kinsey was looking in the backyard when he was approached by Prince, Young and Maynard, who were "argumentative" toward him, he said. Kinsey told police he attacked Prince and Young after he told them to back off and he felt they weren't going to let him go, according to an arrest warrant affidavit. Kinsey told the detectives he kept cutting until he heard a gurgling noise in Young's throat. When asked if he sharpened the machete, Kinsey replied, "Indeed." He remains at the Sebastian County Adult Detention Center without bond. (source: swtimes.com) IOWA: Exclusive IPR Interviews for Dead Man Walking, featured this week on Opera in October This summer the Des Moines Metro Opera presented their 42nd Festival Season at Blank Center for the Performing Arts on the Simpson College campus in Indianola. The mainstage performances included Verdi's La Traviata, Jake Heggie's Dead Man Walking and Rossini's Le Comte Ory. Heggie's work, based on the book of the same name by Sister Helen Prejean, tells the story of a nun acting as a spiritual guide to a death-row inmate who was found guilty of murder. It offers a haunting inside look at capital punishment in America. Here is what Opera News and Opera Today had to say about the Des Moines Metro Opera's production: "The venue itself was perhaps the most perfect space imaginable to invest the work with such soul-stirring impact. In that moment before we dared break the silence with applause, someone a couple rows behind me broke out in heaving sobs. I cannot imagine a more powerful production of this engrossing opera." - Opera Today "This was one of the most shattering evenings I have ever spent in a theater." - Opera News "As the murderer Joseph de Rocher, David Adam Moore is also now surely without equal in this part." - Opera Today "In Elise Quagliata, the creators may have found their most powerful Helen yet." - Opera Today As part of their production of Heggie's Dead Man Walking, the Des Moines Metro Opera hosted several community outreach opportunities including a screening of the movie adaption, an art exhibit, a discussion with panelists from the opera and from Drake University Law School discussing the American Death penalty, and discussions with both composer Jake Heggie and humanitarian author Sister Helen Prejean. Iowa Public Radio had special access to both Heggie and Sister Helen, as well as 2 of the lead vocalists from the DMMO's production, mezzo soprano Elise Quagliata who portrayed Sister Helen and baritone David Adam Moore who sang the role of inmate Joseph De Rocher. Listen to in-depth responses to the production of Dead Man Walking in the exclusive interviews below, and tune in to Iowa Public Radio's Opera in October series this weekend to hear the full performance of Dead Man Walking on Saturday, October 11 at 7:00 p.m. and again on Sunday, October 12 at 8:00 p.m. (source: Iowa Public Radio) WYOMING: Matthew Shepard's parents: Why we didn't push for the death penalty for our son's killers Today (12 October) marks the 16th anniversary of the death of Wyoming student, Matthew Shepard. His parents have spoken out about homophobia, hate, their son's death and the work of the Matthew Shepard Foundation Matthew Shepard was killed in a brutal gay bashing that shocked the world. He was abducted and tortured by 2 men, before being left to die - tied to a fence - near the town of Laramie, Wyoming. Discovered 18 hours later, he was taken to hospital but died 6 days later on 12 October 1998 from the severe head injuries that he had suffered. He was 21. His attackers were arrested and eventually sentenced to 2-consecutive life sentences each for the crime. His parents, Judy and Dennis Shepard subsequently created the Matthew Shepard Foundation, to raise awareness around homophobia and diversity. On Friday (10 Oct), ahead of the anniversary of Matthew's death, they spoke to Canada's Daily Xtra about the Foundation's work in raising awareness and ways to tackle homophobia. 'People fear what they don't know or understand. Sometimes that fear leads to violence, hatred, bias, prejudice: all those things,' says Judy. 'We find that cities, like for example Toronto, you find a more accepting environment because diversity is a part of everybody's everyday life. 'When you go to a more rural area, in the States or even in Canada, you find less acceptance because they see no diversity. They don't understand it exists, they don't know what it is so they're fearful of it. Stereotypes reign supreme where there's no diversity.' They speak about the experience of attending their son's funeral, and avoiding 'haters' who picketed the event because their son was gay. Judy, magnanimously, dismisses those who chose to protest at her son's funeral as 'silly'. They also say why they didn't push for Matthew's killers to receive the death penalty - despite his father initially wanting to do so. 'Judy convinced me otherwise,' says Dennis. 'And she was right. If you put them in prison, where no-one remembers them, they're not on death row where they can go through the appeals and possibly get out on [a] technicality, they don't become martyrs for something horrendous like that, to encourage others ... plus we didn't have to worry about our other son having to go through the turmoil of them possibly getting out on parole.' 'Court appearance after court appearance for mandatory appeals ...' adds Judy. 'I just wanted it to be over. I don't want to ever see them again. And this is how we did that.' 'And she was right to convince me,' says Dennis. 'And it took a lot of convincing.' As he had to return to work abroad, Dennis credits his wife as the force behind the movement to keep equal rights in the public eye. He said Matthew would be hugely 'proud' of the work she had done since his death. 'It's still a mystery to a lot of people why some would be gay and some straight,' says Judy. 'I think ultimately people have to realize that you are who you are: It isn't a choice you made; you just are who you are. The more folks in the gay community who tell their stories, and someone realizes, "Oh, I adore and respect my neighbor and they're gay", their whole perspective of what the gay community represents is changed. And the more we do that, the closer we are.' (source Gay Star News) MONTANA: Olsen, Pinnochi compete for House District 19 seat Elaine G. Olsen Office sought: House District 19 Political party: Democrat Age: 63 Birthdate and place: Oct. 11, 1950, in Deer Lodge Home: Hardy Creek, Cascade Occupation: Claims adjuster, retired Family: Husband, Gary Fritz; grown son and daughter. Professional experience: 15 years as a workers' compensation adjuster for Montana State Fund, Argonaut Insurance, and several self-insured companies Military experience: None Political experience: No previous experience with elected office, but I have served as a director and officer on several boards. Campaign website: No Why are you running as a Democrat? I am running as a Democrat because I believe as a society we need to be aware of the struggles of some of our countrymen and find a way to help. As the wealth in this country becomes more concentrated into the banks of a few, more of our citizens have difficulty keeping jobs, providing insurance and college educations for their family. I believe the Democrat Party shows a deeper awareness and concern for our neighbors. Should the state eliminate the death penalty and opt for life without parole? The United States is one of three of the biggest countries in the world that still has the death penalty. I would prefer that Montana eliminate the death penalty. Several news articles have discussed the mistaken incarceration of a man found to be innocent after many years. Nope, the death penalty should be eliminated Randy Pinocci Office sought: House District 19 Political party: Republican Age: 50 Birthdate and place: Sept. 27, 1964, Race Track Montana Home: Sun River Occupation: Printing Family: Wife Svetlana 3 children; Anastasia, Aleksandra, Isabella Professional experience: Worked in printing for 31 years. Political consulting for 18 years. Military experience: None. Political experience: Worked on over 100 campaigns over the years. Benefactor member of the NRA. On the board of directors of the Montana Shooting Sports Association. I was Conrad Burns's statewide Director. Campaign website: None. Why are you running as a Republican? The Republican party supports lower taxes,smaller government, property rights, states rights, gun rights, water rights and free markets. Recently a majority of Democrat leaders support the opposite. (soucre: Great Falls Tribune) USA: The death penalty and questions of morality Since 1973, 144 people have been exonerated from death row, which is bad enough without knowing that an estimated 4 % of those executed were wrongly accused. That means 120 out of 3,000 inmates currently on death row could be innocent and that countless lives have been needlessly lost. Beyond wrongful sentencings, there is no argument that actually proves any validity for the death penalty. No matter how you put it, killing someone is cruel, and inflicting violence on a person for the violence they inflicted upon others is downright absurd. A serious problem in states where the death penalty is permitted is the technique used to kill inmates on death row. Currently in Ohio there is a ban on executions caused by questioning the efficiency of lethal injection. The drugs used were reported to take between 30 minutes to 2 hours to work. Even with claims that there are non-cruel ways to conduct the death penalty, lethal injection is clearly cruel. There is no decent way to kill someone, and mistakes like this are completely avoidable by abolishing the death sentence. The United States is one of the only industrialized countries with the death penalty; 58 countries out of 196 in the world have not yet abolished the death sentence and states without the death penalty have lower murder rates. In "A Dead Man Walking" by Sister Helen Prejean, a young boy is questioning the death penalty. "Patrick had asked why people wanted to kill Mr. Sonnier. 'Because they say he killed people,' Bill had answered. 'But, Dad', Patrick had asked, 'then who is going to kill them for killing him?'" The innocence of a child questioning something he deems so illogical carries so much power. How do we justify this heinous act when it is exactly what we are trying to correct? Martin Luther King Jr. once said, "Hate begets hate; violence begets violence; toughness begets a greater toughness." The death penalty has never in history been proven or even seemed to decrease crime because it's impossible to decrease violence with violence. Homicide and brutality in the United States is never going to be solved with the death penalty, so why do we do it? Some argue for closure, others to make a point, and some even argue that it's more financially effective than keeping someone in jail for life. But being jailed alone provides closure and incites fear in future criminals. If what it really comes down to is what is profitable versus a person's life, I would like to think of the government as being humane enough to choose justly. In the words of Sister Helen Prejean, "I realize that I cannot stand by silently as my government executes its citizens. If I do not speak out and resist, I am an accomplice." (source: Commentary; Madeline Welch is a Marshfield High School junior----The Marshfield Mariner) From rhalperi at smu.edu Sun Oct 12 15:36:40 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sun, 12 Oct 2014 15:36:40 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 12 GUYANA: Time to abolish the death penalty The death penalty has not been carried out in Guyana since 1997. While it is true that there has been a large increase in murders since then, murders have equally soared in countries which have abolished the death penalty like South Africa as well as in countries which have not, like Jamaica and Trinidad and Tobago. The latter 2 and Belize are among the top 10 countries for intentional homicide that have the death penalty. Three of these top ten countries that do not have the death penalty are Venezuela, El Salvador and Honduras. The fact that the death penalty is not a deterrent to intentional homicide has long been established. For this reason, in recent decades the argument in relation to the death penalty has never been about the statistics, although supporters have disregarded them. At the core, the argument has always been about revenge, the eye for an eye philosophy. The reducing number of states which support capital punishment continue to advance the argument that justice requires that the taking a life should legitimately result in a life being taken in return. The argument of justice is really the eye for an eye argument. Revenge is being openly touted as a principle of governance, at least in our region. (source: Stabroek News) JAPAN: Hakamada's lawyer issues call to abolish death penalty The chief lawyer for a former death row inmate who was freed in March after nearly 48 years in prison following a court decision to reopen his case said that Japan needs to abolish capital punishment. Former boxer Iwao Hakamada was sentenced to death for the murder of four members of a family in Shizuoka Prefecture in 1966, but was freed after the Shizuoka District Court approved DNA test results that showed the blood found on purported evidence was not Hakamada's. The court also said there is a possibility that investigative authorities cooked up incriminating evidence. Hakamada is now 78. "The Hakamada case is pressing Japan to terminate the death penalty," Katsuhiko Nishijima, who heads Hakamada's defense team, said at a rally in Tokyo on Saturday to mark World Day against the Death Penalty on Oct. 10. Hakamada also attended the rally, hosted by a citizens' group, with his sister, Hideko. Some 300 people attended the event. "I believe nobody could say that capital punishment should be maintained" if they knew about the inadequacies of the investigation and judiciary in the case, Nishijima said. Nishijima said investigative authorities first detain a suspect and try to force him or her to make a confession, regardless of whether it is true. Calling such a practice "hostage justice," he said, "Mr. Hakamada would not have made a false confession (following a long detention) if he had not been put under such a system." While recordings of interrogations have been discussed as one way of curbing false accusations, Nishijima said, "Visualization of the interrogation process alone is not enough. The presence of lawyers during interrogation should be guaranteed, as is the case in other advanced countries." During his 48 years in prison, Hakamada developed a psychiatric disorder in the face of the ceaseless fear of being hanged at any time. Death row inmates in Japan are only notified on the morning of their execution. Last month, he underwent a heart catheter operation. Since his release, Hakamada has been awaiting retrial because prosecutors appealed the decision to reopen his case, casting doubt on the reliability of the DNA tests and claiming the court had no grounds for describing the evidence as fabricated by police. While urging the abolition of the death penalty, Hakamada was sometimes incomprehensible. "My brother is like this, but he is recovering from pneumonia and diabetes," said, who toiled for many years to get his case reopened and is now helping him adjust to daily life. According to human rights group Amnesty International, 140 countries, or 70 % of all nations in the world, have abolished the death penalty by law or in practice. In 2013, only 22 countries, including Japan, executed inmates. Since the December 2012 launch of the government of Prime Minister Shinzo Abe, Japan has hanged 11 inmates, all authorized by Justice Minister Sadakazu Tanigaki, who was replaced this summer in a Cabinet reshuffle by Midori Matsushima. A government survey suggests that more than 80 % of the public supports the death penalty. But the U.N. Human Rights Committee urged Japan in July to "give due consideration to the abolition of the death penalty or, as an alternative, reduce the number of eligible crimes for capital punishment to the most serious crimes that result in loss of life." It also said Japan needs to "immediately strengthen legal safeguards against wrongful sentencing to death, inter alia, by guaranteeing to give the defense full access to all prosecution materials and ensuring that confessions obtained by torture or ill-treatment are not invoked as evidence." (source: Japan Times) CHINA: China Issues Death Penalty in Sect Killing 2 members of a religious sect were sentenced Saturday to die in eastern China for beating a woman to death at a McDonald's restaurant in May after she rebuffed their attempts to recruit her, state-run news media reported. Zhang Fan and her father, Zhang Lidong, were given death sentences after a trial in the Yantai Intermediate People's Court in Shandong Province. 3 other defendants were given sentences ranging from life to 7 years in prison, the Xinhua News Agency reported. Images carried by state media showed the defendants standing in a row before the judge, all in orange vests. On the evening of May 28, Ms. Zhang and the other defendants were trying to recruit new members into their sect, the Church of Almighty God, at a McDonald's in the city of Zhaoyuan, where they were soliciting people's telephone numbers. 1 woman, Wu Shuoyan, who was with her young son, refused to give her number, and a quarrel ensued, state television reported when the group went on trial in August. Ms. Zhang and another defendant then identified Ms. Wu as an "evil spirit," and Ms. Zhang hit her on the head with a chair, Xinhua reported on Saturday. When Ms. Wu fell to the ground, Ms. Zhang stomped on her head. Her father, Mr. Zhang, hit Ms. Wu with a mop with such force that it broke, and also kicked and trampled her face, the report said. The blows killed Ms. Wu. Members of the Church of Almighty God, an offshoot of Christianity, believe that Jesus Christ has returned as a Chinese woman who will save followers from apocalyptic destruction. The sect has been labeled an "evil cult" in China and banned. The church has pledged to slay what it calls the "Great Red Dragon," the Chinese Communist Party. As with many other sects that have emerged in China over the past two decades, the government sees it as a threat; in June it began a nationwide crackdown on the group, as well as others. The church was founded in 1989 by Zhao Weishan. It was banned in 1995, and Mr. Zhao was reported to have fled to the United States. (source: New York Times) INDIA: Death only for well planned murders: Court The Supreme Court has said that when an accused executes a meticulously planned diabolic murder, without provocation or acting on the spur of the moment, and becomes a menace to society, then the crime falls in the category of rarest of rare cases warranting the death sentence. "In our considered view, the "rarest of the rare" case exists when an accused would be a menace, threat and antithetical to harmony in the society," said the Supreme Court bench of Chief Justice HL Dattu, Justice RK Agrawal and Justice Arun Mishra in their order. Holding that the death sentence in such cases was the only appropriate punishment, Chief Justice Dattu pronouncing the order said: "Especially in cases where an accused does not act on provocation, acting in spur of the moment but meticulously executes a deliberately planned crime in spite of understanding the probable consequence of his act, the death sentence may be the most appropriate punishment." The Supreme Court said this while upholding the July 2, 2009 order of the Jharkhand High Court which had confirmed the August 1, 2008 order of the trial court convicting 4 accused of murder who had wiped out an entire family of 8 of their immediate relative over a land dispute. The trial court awarded all the 4 convicts the death sentence. However, the high court while confirming the conviction of the four by the trial court upheld the death sentence of 2 and commuted the death sentence to life imprisonment of the other 2 - Saddam Khan and Wakil Khan. "We are mindful that criminal law requires strict adherence to the rule of proportionality in providing punishment according to the culpability of each kind of criminal conduct keeping in mind the effect of not awarding just punishment on the society," the order said. "Keeping in view the said principle of proportionality of sentence or what it termed as "just-desert" for the vile act of slaughtering eight lives, including four innocent minors and a physically infirm child whereby an entire family is exterminated, we cannot resist from concluding that the depravity of the appellant's offence would attract no lesser sentence than the death penalty," the court said while upholding the order of conviction and sentencing by the trial court and its being confirmed by the high court with modification. In the present case on June 6, 2007, one Mofil Khan and others attacked his brother Haneef Khan when he was offering prayers at a mosque in Makandu village in Jharkhand with sharp-edged weapons. Haneef died on the spot. Thereafter, the assailants went to Haneef Khan's house and killed his 6 sons and wife. 1 of the sons was physically disabled. (source: Indo-Asian News Service) VIETNAM: Woman caught smuggling 5kg of drug from China A woman was arrested in Quang Ninh Province on Friday for allegedly smuggling 5 kilograms of drug to Hanoi. Nguyen Thi Thuy Linh was arrested by a combined force of customs and police officers on while she was taking a bus to Hanoi, according to Quang Ninh customs. The drug was put in 16 plastic bags being hidden in a wall clock, they said. Linh confessed that she was paid VND20 million (US$94) to traffic the drug, which had been brought into Vietnam from Guangzhou in China through Mong Cai, a town bordering China in Quang Ninh. Police are investigating the case. Vietnam has some of the world's toughest drug laws. Those convicted of smuggling more than 600 grams of heroin or more than 2.5 kilograms of methamphetamine face the death penalty. The production or sale of 100 grams of heroin or 300 grams of other illegal narcotics is also punishable by death. (source: Thanh Nien News) LIBYA: Gaddafi Son's Court Hearing Postponed to November: Spokesperson A Libyan criminal court has postponed the hearing on the case of Saif Islam Gaddafi, son of late Libyan leader Muammar Gaddafi, to November 2, a court spokesperson told RIA Novosti Sunday. "The court has adjourned the process, given the current circumstances in the country," said Ajmi Uteiri, a spokesman for the court in the Libyan city of Zintan. Saif Islam Gaddafi and a number of other former Libyan officials are accused of committing war crimes during the 2011 unrest that ended in the overthrow of the country's long-standing leader Muammar Gaddafi. The former politicians are charged with ordering murders of protesters, torture and crimes against humanity. According to Libyan legislation, such crimes can be punished by death penalty. Libya is currently facing its worst wave of violence since the 2011 overthrow. The country has seen violent clashes between numerous militias, armed with weapons seized from Gaddafi's governmental ammunition depots. According to Libya Body Count data, more than 1,800 people have been killed in the country in 2014. (source: RIA Novosti) MALAYSIA: Japanese-American shutterbug on a journey to call for the end of capital punishment ---- Photographer Toshi Kazama devotes his time to taking haunting pictures of deathrow inmates in the hope that his work will prompt governments to abolish the death penalty. An encounter with a death row inmate 18 years ago made such an impression on photographer Toshi Kazama that it charted a new direction in his career. The New York-based successful fashion photographer for American magazines like Vogue decided then to give up his life of luxury and dedicate himself to taking pictures of inmates who were sentenced to death for the heinous crimes they had committed. Since then, Toshi, who has 30 years of experience under his belt, has devoted his time to taking haunting black and white photographs of death row inmates, as well as travelling to countries that impose the death penalty to call for its abolishment. His presentation includes the life story of his subjects, with whom he forms a rapport by reaching out to them as well as stories of their victims' families. The premise of his opposition to the death penalty stems from his belief that life has become cheap. "The main problem in the US, I feel, is that life is cheap. If you are a minority, your life is very cheap and if you're poor and uneducated, your life becomes even cheaper," he told The Malaysian Insider at the Give Life a Second Chance exhibition in Kuala Lumpur in conjunction with the World Day Against the Death Penalty on October 10. The exhibition showcases the photographs of all 22 subjects he had taken in the US. Toshi recalled an incident when he went to watch a movie in the cinema shortly after moving to the US in 1974, when he was 15. "When the good guy killed the bad guy in the movie, people in the cinema cheered. And I was sitting there, wondering why people were celebrating killing. Killing someone was not something to celebrate about," he said. Toshi also touched on the role of executioners, saying that the ones he met said they did not want to kill another human being. "The executioners I have met through this project - they go through mental torture. No one is happy to kill another human being. They tell me, 'Toshi, please tell this to the whole world so that we don't have to kill anymore'." Malaysia is 1 of 58 countries in the world which continues to impose the death penalty with an estimated 964 people on death row as of last year. Most of them were sentenced for drug trafficking. "I also hope to meet with lawmakers and those influential to make a difference in abolishing the death penalty here," Toshi said. Toshi said he was living the American dream after moving to the US from Japan when he was 15 to pursue his studies and making it as a successful fashion photographer but realised he could do much more with his life. "I started this with a shallow intention of making money but I wanted to do something beyond that. I became a father and realised there are a lot of social issues around," he said. "I realised I could do 1 of 3 things - turn a blind eye to these issues, pack up and go to another country which is more secure for my children or stay and fight." That was in 1996. 7 years later, Toshi himself became a victim of an assault as he was walking in New York with his daughter, who was 9 years old then. "I nearly died. I was unconscious for 4 days. The doctor said I had very little chance of surviving. But I woke up. I am now deaf in my right ear and that side of the face is numb." Police never caught the suspect and Toshi said the attack was not a robbery but a random act of violence. "This happened 11 years ago but luckily, I was already doing this project when I became a victim of assault. "If I was not, I would have been really angry with the perpetrator and spent my life hating the man. "But I had learnt a lot from the family members of victims whom I met through my project. Many of them have overcome their fury and anger at losing their loved ones and have been able to let go of that hate," said the father of 3. "One Vietnamese girl, whose parents and brother were murdered in their restaurant, told me: 'Toshi, the scar in my heart will never go away but I can change how I look at my scar'. "Some even visited the perpetrator in prison and when the culprits admitted to killing their loved ones and express remorse, that is the best healing they could get. So I learnt a lot from them." However there are others, Toshi said, who let their anger, hatred and fury towards the killers eat into them. "I didn't want that kind of hatred in my family. It doesn't help me to hate this guy. If I kept thinking about hating the man who assaulted me, I would be bringing hate into my family. "Then he would not only would be taking my physical capabilities away, but also the good part of our hearts from my family and I won't let that happen," he added. Toshi revealed that at least 1/2 of the 22 people he had photographed in the US have been executed and some have had their sentences commuted to life imprisonment, which is what he considers a success. "I don't know how big a role I have played in this but I hoped I made a difference. "How is killing someone the answer to the problem? Shouldn't we, instead, focus on finding out why these issues happen in the first place?" he asked. The Give Life a Second Chance campaign is jointly organised by the Delegation of the European Union to Malaysia, the Embassy of Switzerland, British High Commission, Malaysian Bar Council, Human Rights Commission of Malaysia (Suhakam), Amnesty International Malaysia and the KL and Selangor Chinese Assembly Hall. (source: The Malaysian Insider) KUWAIT: Kuwait introduces hefty fines for picking flowers, smoking indoors, littering Importing or storing nuclear substances could lead to the death penalty under a new environmental law that came into effect in Kuwait on Sunday. The controversial legislation also includes a KD250 ($860) fine for picking flowers, while littering or causing the death of marine and land fauna will incur a KD500 fine for each penalty, and smoking in closed and semi-closed public areas a KD100 fine. Other violations include noise and sea pollution. source: Arabian Business) GLOBAL: Death penalty should be abolished worldwide: UN chief The death penalty has no place in the 21st century and should be abolished, according to the UN Secretary-General. Ban Ki-moon delivered this message on the occasion of World Day Against the Death Penalty, marked every 10 October. He said the death penalty fails to deter crimes more than other punishments. Its abolition, he says, contributes to human rights. The taking of life is too irreversible for one person to inflict on another. We must continue arguing strongly that the death penalty is unjust and incompatible with fundamental human rights. Mr Ban is urging leaders where the death penalty is still used to commute or pardon death sentences, and to impose moratoriums on executions. He added that the UN will continue working to end this cruel punishment. More than 2/3 of the world's countries have reportedly abolished the death penalty in law or practice (source: Famagusta Gazette) ************************** Portugal backs UN death penalty moratorium Portugal called upon all United Nations member states to back a resolution calling for a moratorium on the death penalty due to be voted on by the General Assembly in December in a statement released by the Ministry of Foreign Affairs. The statement, itself commemorating the European and World Day against the Death Penalty said such a moratorium would "strengthen and consolidate the vast worldwide movement that backs this important cause in the defence of human dignity." The Portuguese government furthermore referred to how such practices were in violation of the "right to live consecrated by the Universal Declaration of Human Rights of 1948." The ministerial note also highlighted Portugal's early abolition of the death penalty and "strongly repudiates the different justifications and motivations for its existence and its application in whatever the circumstances and whatever the case." The statement concluded by praising how 2/3 of United Nations member states had already abolished the death penalty, praised the African Union for its efforts on this issue before promising that Portugal would continue to throw its support behind efforts to end the death penalty. (source: The Portugal News Online) IRAN----executions 6 prisoners secretly hanged The Iranian regime has secretly hanged at least 6 prisoners last week in 3 cities, according to reports received from Iran. A group of 4 prisoners were hanged in southern city of Bandar-abbas on Tuesday (October 7, 2014), a report said. Another prisoner was executed in the main prison in western city of Marivan on Thursday (October 9, 2014). A man identified as Mohammad Reza Mazlomi, 28, from the southern city of Bam was hanged in the city's prison after more than 5 years imprisonment. Iran under the rule of the clerical dictatorship has the highest number of executions per capita in the world. Since Hassan Rouhani has become the president of the regime over 1000 prisoners have been executed whilst the news on the execution of many prisoners never gets out. At least 27 women and 12 prisoners who were juveniles at the time of their arrest, together with 20 political prisoners, are amongst those executed with 57 of these executions carried out in public. During this period, a number of prisoners were killed under torture. In a message on the occasion of the World Day Against the Death Penalty (October 10, 2014), Mrs. Maryam Rajavi, President-elect of the Iranian Resistance, stated on Friday that the religious dictatorship ruling Iran is a government of executions based on its history, ideology, laws and daily policies. The head of policy and government affairs at Amnesty International said recently "Iran is a serial human rights offender" adding "President Rouhani has attempted to cast himself as a mild-mannered reformist figure, but the brutal reality is that Iran is hanging an average of 2 prisoners a day, the vast majority after unfair trials." (source: NCR-Iran) *************************** Condemned woman appeals to victim's family for mercy The head of the Tehran Justice Department has announced that the file of Reyhaneh Jabbari, a woman sentenced to death for the murder of her attacker, is in the process of mediation. Gholmahossein Esmaili told the Etemad daily on Saturday October 11 that they are in the process of mediating with the family of the deceased and are hopeful to get their consent to forego Qesas. Iranian Sharia law gives the family of a murder victim the opportunity to forgive the perpetrator, in which case they will not be hanged. Esmaili said if the family agrees, then the Qesas sentence can be cancelled, but otherwise it has to be carried out. Reyhaneh Jabbari, 26, was arrested 7 years ago for murdering the 47-year-old Morteza Abdolali Sarbandi. She argued in her defence that the victim had attempted to assault her. The Shargh daily published a message from Jabbari today in which she pleads with the Sarbandi family to forgive her and forego the Qesas sentence. (source: Radio Zamaneh) From rhalperi at smu.edu Mon Oct 13 09:01:29 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 13 Oct 2014 09:01:29 -0500 Subject: [Deathpenalty] death penalty news----ALA., LA., MO., S.DAK., USA Message-ID: Oct. 13 ALABAMA: Trial of father accused of poisoning his young children and dumping their bodies set to finally begin It has been more than 4 years since young siblings Natalie and Chase DeBlase were brutally killed and dumped alongside county roads in Mobile and Jackson County, Miss., in a case that shocked the community to its core. And this week their father goes on trial for capital murder after lengthy delays and the appointment of a whole new defense team. Jury selection, which is expected to take about a week, starts on Tuesday. According to prosecutors, John DeBlase and his common-law wife, Heather Leavell-Keaton, tortured the children over several months and eventually killed them with antifreeze before the defendants moved to Louisville, Ky. Her trial is scheduled to begin in March. DeBlase's attorneys, Art Powell and Glenn Davidson, were appointed in March after previous attorneys withdrew following a series of delays surrounding mitigation experts in the case, who are necessary in cases that could result in the death penalty. DeBlase, 30, initially pleaded not guilty by reason of insanity or mental illness, although in the years since that plea was entered it's no longer clear if that's to be his defense. When asked about how they plan to try the case, Powell declined to comment, other than to say that the defense is ready for trial. Both sides are under a standing gag order not to speak about the case, by Circuit Judge Rick Stout, the presiding judge. At times, Mobile County District Attorney Ashley Rich has accused the previous defense attorneys of playing games and stalling, citing the costs of getting witnesses from all over the country to Mobile for trial. A change of venue motion was denied in Sept. 2013, although Stout has said that if the jury selection process fails to produce the necessary jury pool, the trial could still be moved. A daughter full of laughter, and a tiny lady's man for a son --According to investigators, the final weeks, and possibly months, of the children's lives were very rough. Below are several details alleged in court documents, and through statements by investigators and prosecutors. --It's possible that family members hadn't seen Chase and Natalie DeBlase for nearly a year before they were reported missing. Their mother, Corrine Heathcock, said she hadn't seen them since Nov. 2009. John DeBlase had custody of the 2. She said her daughter was full of laughter, and her son was a tiny lady's man. --After leaving the Mobile area in July, DeBlase and Leavell-Keaton eventually made their way to Louisville, Ky. It was there, when she tried to get a restraining order against her common-law husband, that Leavell-Keaton is said to have first told police that the children were dead. On Nov. 18, 2010, they were reported missing. --Leavell-Keaton was arrested on Dec. 1 in Louisville; DeBlase was apprehended in Milton, Fla., that same week. They had been together since 2008, having met while Leavell-Keaton attended Spring Hill College, but were never married. The 2 defendants have at times blamed each other for the childrens' deaths. --According to court documents, during one incident Leavell-Keaton tied duct tape around Natalie's hands and feet, shoved a sock into her mouth and put her in a suitcase. Once Natalie was inside the suitcase, Leavell-Keaton locked her in the closet, where the girl stayed for 12 hours. --The documents further allege that, on another occasion, Leavell-Keaton tied Chase to a broom with duct tape, wrapping his hands at his sides and the broom to his back so as to force him to stand upright. From there, the boy was made to stand in the corner, a sock forced into his mouth, while the couple slept for the night. --DeBlase allegedly told investigators he buried the boy's body around the end of March in Mississippi, and later disposed of his daughter's body near the end of June in Alabama, according to police. It is now believed Natalie's body was dumped on March 4 and the Chase's body on June 20, according to the court documents. --After a massive, miles-wide search near Vancleave, Miss., on Dec. 8 Chase's remains were found in the woods. 2 days later, near the corner of Prine Road and Beverly Jeffries Highway in Citronelle, Natalie's remains were found. --DeBlase is charged with 3 counts of capital murder, as is Leavell-Keaton, who also faces 2 counts of aggravated child abuse. Her trial is scheduled to begin on March 25. They are both being held without bail. (source: al.com) LOUISIANA: Man accused of killing woman, daughters heads to court Attorneys for a man accused of fatally stabbing a Lockport woman and her daughters in their apartment are seeking to bar the death penalty and move the trial out of town, Lafourche District Court records show. Brown is set to stand trial April 20. The Capital Defense Project of Southeast Louisiana, led by New Orleans-based attorney Kerry Cuccia, has filed 16 motions to be presented Monday in Judge Jerome Barbera's courtroom in Thibodaux. Prosecutors, led by Lafourche Parish District Attorney Cam Morvant II, are seeking the death penalty for Brown. Brown's attorneys want the judge to rule out the death penalty because they claim it contradicts modern decency standards, doesn't follow consistent guidelines and has been imposed on innocent people, according to court documents. They cite prejudiced and uninformed jurors as other reasons capital punishment shouldn't be considered in the trial. The defense also seeks to move the trial out of Lafourche Parish. The public has already decided Brown is guilty and should be executed, meaning he would not get a fair trial in the parish, the attorneys claim. In addition, Brown's attorneys have filed a request for the prosecution to identify photographs to be used as evidence. The defense does not want "gruesome" images from the crime scene and autopsies to be included in the trial. The Nieveses' bodies were found in a fire set to cover up the killings, the Lafourche Parish Sheriff's Office has said. Detectives also believe Brown sexually assaulted Jacquelin and Gabriela. (source: WWL TV news) MISSOURI: Missouri Supreme Court to hear death penalty case appeal The Supreme Court of Missouri will take up an appeal of a death penalty case from Laclede County. On Wednesday, defense attorneys will argue that Jesse Driskill was not competent to stand trial when he was convicted of 2 counts of 1st degree murder last year. Driskill was found guilty in the deaths of Johnnie Wilson, 82, and Coleen Wilson, 76, on July 26, 2010, at their home near Bennett Spring State Park. Investigators alleged that Driskill also raped Colleen Wilson. The jury also convicted him of rape, sodomy, burglary and 5 counts of armed criminal action in addition to 1st-degree murder. He also received 7 life sentences and a 15-year sentence. Driskill was out on parole after serving barely a year of an 8-year prison sentence for burglary from Hickory County. According to court documents, Driskill's attorneys will argue the trial court erred in trying his case, accepting the jury's guilty verdict and sentencing him. The appeal contends that Driskill was incompetent to stand trial and that the trial court violated his constitutional rights to due process when it denied his motions for a competency evaluation. Driskill says he suffered from anxiety and panic attacks during trial that rendered him unable to consult with counsel and to assist in his defense. Driskill argues the trial court violated his constitutional rights to due process, to a fair trial, to confront witnesses against him, and to a fair and reliable sentencing trial when it allowed crucial phases of the trial to proceed without Driskill's presence in the courtroom. He argues he could not waive his right to be present and was not able to be present due to the panic attacks he suffered without his necessary medication. Driskill also contends that he had a right to testify at the guilt and penalty phases of the trial and that he could not and did not waive that right voluntarily. He said he told the court he wanted to testify but his untreated mental illness prevented him from doing so without suffering panic attacks. Driskill argues that denial of his medication caused him to be unable to participate in his trial and assist counsel. He contends the jury should have been permitted to see all of the exhibits offered into evidence, especially the documents from past psychiatrists who had evaluated him. He argues that the jury should have been allowed to see the exhibits during deliberations. He claims it prevented his defense from an effective rebuttal of the state's evidence, and a fair and reliable sentencing trial. Driskill further argues the trial court erred in admitting excessive victim impact evidence that overwhelmed the jury with emotion and improperly encouraged it to weight the value of his life against the value of the victims' lives. Missouri Attorney General Chris Koster argued the case with Laclede County Prosecuting Attorney Jon Morris in September 2013. (source: KSPR news) SOUTH DAKOTA: Work of advocacy has 'human face' On Oct. 3 and 4, the South Dakota Peace and Justice Center held its annual meeting. This year, the focus was on the "Human Face of the Death Penalty." First, I'd like to thank everyone who helped make the conference a success, especially those who attended. They took time from their busy lives to be a part of this conference, and the work cannot be done without them. Most letters like mine begin with statistics, foundational information and then, at times, religious reasons to support whatever it is the letter writer is trying to convince readers of. However, in this case, I believe most of us know these things. Instead, I am going to ask you to look in the faces of those you pass by today. Those you know and those you do not know. All human faces. Then take a moment and consider that every issue the South Dakota Peace and Justice Center works to educate on and advocate for has a human face connected to it. Death penalty, poverty, racism, environmentalism, equality and nonviolence. All human faces, with human stories. For instance, consider the issue of the death penalty: When we dehumanize one another, we all become dehumanized. We all lose pieces of our humanity. Some will say that those on death row have dehumanized the ones they have murdered. Yes, that is right, but when the human community emulates the exact act we are attempting to stop, we are no less guilty. During the next several months, the South Dakota Peace and Justice Center will bring human faces into our conversations on peace and justice. I hope you will join in. (source: Letter to the Editor; The Rev. Kristi McLaughlin, executive director, South Dakota Peace and Justice Center, Sioux Falls---- Argus Falls Leader) USA: Walking Free From Death Row, And Into a New Nightmare Sabrina Butler can lay claim to a dubious honor - she is the only female death row prisoner in the United States to be exonerated. But while she may finally be free, the stain on her character has proven far harder to erase, while adjusting back into normal life is an everyday struggle. Getting compensation is a whole new battle. "I get to meet other people that are just like me, you know? Well, the guys, rather, because I'm the only female," Butler said at a meeting in Philadelphia of 30 former death-row convicts who were all exonerated - the victims of false testimonies, judicial errors, wrongful confessions and worse. "I enjoy these times because I get to see,talk to them, and we've all been through the same thing. We don't have to worry about the judgments and all that when we're together." Butler was a teenaged mother in Mississippi when she was convicted over the death of her baby. It was later ruled that he died in his sleep of a kidney malady. She spent 5 years on death row. "I was in a cell 23 hours a day but the hardest thing is that you have your day of death approaching and there's nothing you can do about it," she recalled. Damon Thibodeaux was released from death row in Louisiana in 2012, having spent 15 years awaiting death for his supposed rape and murder of a 14-year-old cousin. "You sit in a cell for 15 years and you adapt to living a certain way in a small confined area. Now you walk out into the world and everything is changed in 15 years... there was no Internet in 1997," he told AFP. "Not having anything to walk out to was probably the hardest part, walking out of there with nothing is like stepping out on a very flimsy cardboard bridge - you don't know if it's going to collapse or if it's going to be strong enough for you to get to the other side. It's been a journey with a lot of unknowns. "There has been no compensation - sadly, we have to fight for that." 'It is a stain' Since 1973, 146 death row prisoners have been exonerated in the United States. The latest was on Wednesday when a man convicted of murder and awaiting execution walked free after 9 years behind bars in Texas. Death penalty opponents say that while Manuel Velez is now a free man, his case again underlines the risk of executing the innocent in the United States. Those who do have their convictions overturned and return to mainstream society face a litany of difficulties, supporters say. Most come out with some form of post-traumatic stress, according to the organization Witness to Innocence, which wants the death penalty abolished and provides support to those who are freed from death row. In many cases, they have spent years there awaiting an uncertain future. "It's not easy - you have no job, you have no identity, you have no history, you have no retirement, you have no health care, you have no job training, you have no experience in today's world," said Thibodeaux, who became a truck driver. "It is a stain, it's not easy because all of this is still on your record, plus it's frightening because you have this 15-year gap - or whatever time you served - you have this big gap in your life where it's just a 15-year nightmare. "They stole the best part of your life from you." 'Relearning everything' Steve Honeyman, interim executive director at Witness to Innocence, said being freed is only the start of a long battle, especially when it comes to compensation. Those freed are often broke and jobless. "Some of them sue the state that they're in and they get some compensation, but most of them get out and don't get anything," said Honeyman. Randy Steidl languished for 17 years in Illinois prisons, including 12 on death row, before his exoneration in 2004. "You ever heard the story of Rip Van Winkle, waking up after 20 years, and how the world had changed?" asked Steidl, now on the board of Witness to Innocence. "That's how it was. You have to relearn everything - I didn't even know how to pump gas. Cell phones - I'd never seen a cell phone, never saw a laptop. It was relearning everything." Steidl said he doesn't like the word "compensation." "We feel the federal government is personally responsible for our wrongful convictions and spending time on death row in states all across America. Regardless if we had state damages paid for us, we feel that the federal government is responsible for the states' actions," he said. "It's not just money - it's health care, mental health care, job training, social security, maybe some cash. "But at least get a middle-class living after the hell they'd been through, that's all they're asking for." (source: ndtv.com) From rhalperi at smu.edu Mon Oct 13 09:02:22 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 13 Oct 2014 09:02:22 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 13 KAZAKHSTAN: Advocacy group urges Kazakhstan to abolish death penalty According to Amnesty International, more than 2 in 3 countries of the world have abolished the death penalty either in law or in practice. Kazakhstan prohibited death penalty for ordinary crimes in 2007. In accordance with the Constitution and the new Criminal Code, the death penalty still remains in Kazakhstan for crimes of terrorism involving loss of life, as well as for serious wartimecrimes committed in wartime. The death penalty is also provided for such crimes as: mercenary activity, attempt on the life of the First President, attempt on the life of the president and coup de main. 536 executions were carried out in Kazakhstan between 1990 and 2003. The last execution was carried out in 2003. In December that year a time-unlimited moratorium on capital punishment was introduced, after which not a single death penalty sentence was carried out. Still, there are those in Kazakhstan who believe that it is not enough and the death penalty should be altogether abolished. One of them is Saule Mektepbayeva, Regional Director of Penal Reform International (PRI) in Central Asia, who spoke to Tengrinews on the sidelines of the panel discussion in the Kazakh State University in the framework of the World Day against the Death Penalty. Mektepbayeva acknowledged that Kazakhstan had been consistently and progressively moving towards abolition of the death penalty, but insisted that the system still needed serious reform. "The death penalty is still provided for in the Constitution and in the criminal law as punishment. Many human rights activists had hoped that with the adoption of the new code, this problem would be completely resolved. But unfortunately, it remained as a form of punishment in the Criminal Code, and only the number of crimes for which it can be used was reduced from 18 to 17. This is the only change that was made," Mektepbayeva said. "By and large, the question of the death penalty is essential for the whole system of human rights, so it is always in sight. That is, regardless of whether it is applied or not applied, the fact that it is in the Constitution is a very serious situation, which requires special attention," Mektepbayeva continued. She said she was hopeful that in the end the death penalty would be abolished leading to the humanization of the whole justice system of Kazakhstan, because the gradation of punishment starts from the maximum down to the minimum. In addition, the expert believes that availability of capital punishment does not reduce the number of crimes. "As most studies have shown, the death penalty, unfortunately or fortunately, has no deterrent effect on the crime rate. And Kazakhstan is a proof to that: the death penalty has not been carried out in Kazakhstan for more than 10 years but this has not affected the crime situation in the country," Maktepbayeva said. The activist also does not agree with the view that the Arab countries are able to preserve strong public order thanks to the death penalty. "It is believed that the Arab countries have the death penalty, which is why they have a fairly strong rule of law. Although in reality, the main reason for their success lies in the clan system of their society. I have just recently visited the Arab countries and the local community there is very watchful over individual behaviour. It is not about the death penalty there. A person who commits as a crime is criticised by the local society. Even a petty theft makes the offender feel very uncomfortable," the Central Asian PRI representative shared. There are clan societies in all five Central Asian countries, but that obviously has not become the main reason for success in achieving a fairly strong rule of law in the area. But the PRI rep did not specify why. She also commented on the popular view in Kazakhstani society that the death penalty should be applied in high-profile cases involving crimes committed against children. "I believe that life imprisonment is a very severe punishment, and many studies suggest that it is much more severe than the death penalty. Therefore, I believe that life imprisonment for serious crimes committed against children is an adequate measure," Saule Mektepbayeva said and reminded that prisons for those sentenced to life imprisonment were "the harshest". Earlier, Saule Mektepbayeva asked First Deputy Prosecutor General of Kazakhstan Iogan Merkel as to what was preventing Kazakhstan from completely abandoning the death penalty. "What's stopping? Constitution prevents us from removing the death penalty. Whilst the Constitution does not change, it will remain," Merkel said. Incidentally, Merkel himself opposes abandoning of the death penalty. "For some reason we forget about the rights of victims. Why, aren't they people? By no means is it acceptable. If we talk about the number of such convictions handed down, there are only 5 [that were handed after the moratorium on the death penalty, but never carried out]. What does this mean? That the courts are very discreet with this kind of punishment and practically do not hand it out [opting for life imprisonment], despite the fact that some crimes make hair stand on end," he said in January this year. (source: Tengrinews) IRAN: Iran UPR: Recommendations on the Death Penalty Might Have Higher Impact This Time On October 8, 2014, Iran Human Rights (IHR) presented a statement on behalf of the World Coalition against the Death Penalty (WCADP) at the UPR pre-session organized by UPR Info in Geneva. IHR was 1 of the 6 NGOs selected to present at the UPR pre-session. The other NGOs were International Federations for the Human Rights (FIDH), Justice for Iran (JFI), Baha'i International Community (BIC), International Campaign for the Human Rights in Iran (ICHRI) and Iran Human Rights Documentation Center (IHRDC). Representatives for several countries and NGOs were present at the pre-session. The pre-session was held about 3 weeks ahead of Iran's 2nd Universal Periodic Review (UPR) scheduled to take place on October 31. The UPR is a mechanism of the United Nations (UN) Human Rights Council (HRC) that periodically examines the human rights performance of all 193 UN Member States. It is intended to complement, not duplicate, the work of other human rights mechanisms, including the UN human rights treaty bodies. This is the 1st international human rights mechanism to address all countries and all human rights. At its last Universal Periodic Review by the UN Human Rights Council in 2010, Iran received 29 recommendations on the death penalty from 23 different states; it accepted only 3. Moreover, the recommendations on the death penalty represented 23 % of those made to Iran - a number only surpassed by recommendations made regarding cooperation with international instruments and the elimination of torture and other forms of ill treatment. In the statement the IHR spokesperson Mahmood Amiry-Moghaddam emphasized that due to establishment of abolitionist campaigns and increasing discourse on the death penalty within the Iranian society, recommendations this time might have a greater impact. The statement included recommendations on all aspects of the death penalty, in particular several specific recommendations about public executions, death sentence for drug-related charges and death penalty to the juvenile offenders. (source: Iran Human Rights) NIGERIA: Mutiny: Convicted Soldiers Appeal 3 soldiers out of the 12 sentenced to death by the military General Court Martial on September 15 have dragged the Nigerian Army before the Court of Appeal in Abuja, seeking to set aside the death sentences passed on them. THISDAY had exclusively reported that the condemned soldiers would appeal their conviction. The soldiers, Igomu Emmanuel, Stephen Clement and Andrew Ngbede with service numbers 09NA/62/1648/LCPL, 03NA/53/1816/CPL and 09NA/64/4214/PTE respectively, filed their appeal before the appellate court last Thursday through their lawyer, Chief Godwin Obla (SAN). In the appeal, which contained 11 grounds, they argued that the General Court Martial erred in law and came to a perverse decision by convicting them in respect of the offence of conspiracy and failed to consider the defence of alibi which they raised timeously but which was never investigated by the court martial. Specifically, ground one of the appeal states, "The General Court Martial erred in law and thus occasioned a miscarriage of justice when it disregarded the objection of the defence counsel raised before and at the arraignment of the appellant on the defective nature of the charge brought against the appellants." On the particulars of the error in ground one of their appeal, the soldiers said they were charged and convicted at large under section 114 of the Armed Forces Act as the charge did not tie the offence they allegedly committed to any of the subsections of section 114 of the Armed Forces Act and that the section did not define the offence of criminal conspiracy as an offence known to law. They averred that count 1 under which they were charged and convicted was ambiguous, uncertain and defective as they were charged under section 114 of the Armed Forces Act and punished under section 97 (1) of the Penal Code Law. They also contended that count three under was equally uncertain and defective as they were charged under section 95 of the Armed Forces Act which provides a punishment of life imprisonment if convicted but were punished and sentenced to death under section 106 of the Armed Forces Act. The soldiers maintained that the entire charge upon which they were tried and convicted was vague, disjointed, imprecise and so incoherent that they did not understand the charge, neither were their individual names stated on the charge and thus, argued that it was in breach of the provisions of section 36 (6) of the 1999 Constitution which entitles them to be informed of the details and nature of the offence for which they were charged. They insisted that this incoherent and disjointed nature of the charge upon which they were tried and convicted infringed on their fundamental rights. On the second ground of the appeal, the soldiers averred that the General Court Martial erred in law and thus came to a perverse decision when it based its decision solely on an equivocal, indirect, negative, uncorroborated and suspicious circumstantial evidence in convicting them for attempt to commit murder. They claimed that the GOC of 7 Division, Major General Ahmadu Mohammed (N/7915), whom they allegedly attempted to murder by firing shots at his official vehicle which hit the right rear door where he sat, was never led by the prosecution to give evidence on the alleged attempt on his life at their trial and that no ballistic evidence was led at their trial to show that it was their shot that hit the rear of the car in issue. Furthermore, the appellants contended that none of the witnesses at their trial clearly and unequivocally identified any of them as the person who shot at the vehicle of Mohammed and that the General Court Martial merely relied on circumstantial evidence which did not lead conclusively and indisputably that any of their shots was one, if any, that hit the rear right door of his vehicle. They urged the court to allow their appeal, set aside the decision of the General Court Martial and to discharge and acquit them. They also wanted the court to order the payment of dues and outstanding peculiarly benefits or otherwise accruing to them. No date however, has been fixed for the hearing of the appeal. Sometime in May, some soldiers, angered by the death of their colleagues in a Boko Haram ambush had allegedly opened fire on the vehicle of the GOC, 7 Division of the Nigerian Army, Mohammed in Maiduguri. However, stakeholders and international organisations have raised their voices against the death sentences slammed on the 12 soldiers convicted for the act. The European Union, EU, condemned the death sentence in a statement it released last Thursday as part of its activities marking the occasion of the World Day against Death Penalty. The regional body condemned all death sentences, especially after mass trial as was the case with the Nigerian soldiers. The soldiers sentenced to death are: Jasper Braidolor, David Musa, Friday Onuh, Yusuf Shuaibu, Igonmu Emmanuel, Andrew Ugbede, Nurudeen Ahmed, Ifeanyi Alukagba, Alao Samuel, Amadi Chukwuma, Alan Linus, and Stephen Clement while Jeremiah Echocho was sentenced to 28 days with hard labour. (source: THISDAY) INDIA: UK refuse to share proof in terror case The United Kingdom has refused to provide evidence in a matter of terror-funding before it is given an undertaking that India will refrain from giving capital punishment to the accused in the case. India has refused to accede to the UK's demand, stalling the probe in the case for over a year, sources told HT. "How can we agree to such a condition that binds the hands of our investigators and the criminal justice system even before a chargesheet is filed in the case? Besides, once we agree to such a condition from the UK, other countries which have also repealed the provision of capital punishment, can seek similar undertaking before they cooperate with Indian investigators jeopardising probes in many other cases," said a Union home ministry official requesting anonymity. Indian federal anti-terror agency, the NIA, in August, 2012, registered a case against against operatives of banned terror outfit Babbar Khalsa International (BKI) for funding sleeper cells of terrorists, their jailed associates and family members in Punjab to revive militancy in the state. The NIA alleged that Punjab-based BKI operatives were receiving money from their UK-based associates - Balbir Singh Bains and Joga Singh and some front outfits like Sikh Organisation for Prisoner Welfare and Khalsa Aid to commit terrorist acts in India. Further, they were also being provided active support by Pakistan-based BKI operatives like Wadhawa Singh and Jagtar Singh Tara. "Under the mutual legal assistance treaty (MLAT) with the UK, the NIA requested evidence against the BKI operatives there and their fund-raising activities but so far the UK has not acted upon it seeking an undertaking that India will not give death penalty to any of the accused in the case on the basis of evidence provided by it. But India has refused to accept the demand," added the official. The NIA has informed the home ministry about its stand and the ministry is yet to take a call on it. Earlier, in cases of extradition only, India was asked to give an undertaking that it will not give death penalty once the accused person was sent here to face trial. "But now, even for sharing evidence, countries are asking for waiver of death penalty. Now in the case against the BKI, 4 of the accused are Indian nationals, therefore it may tantamount to a 3rd country telling us how we should conduct trial against our accused," argued the official. (source: Hindustan Times) SRI LANKA: Britain Hopes Lanka Backs Moratorium The British Government says it hopes Sri Lanka will back a moratorium on the use of the death penalty. The British High Commissioner to Sri Lanka John Rankin said that in January last year, Sri Lanka was shocked and saddened by the execution of Sri Lankan housemaid Rizana Nafeek in Saudia Arabia. With others, the UK had called for clemency, not least because Rizana was a minor at the time of the alleged murder. Around the world, many wept that she had not been shown compassion. Later this year, the UN General Assembly will vote on the 5th resolution on a moratorium on the use of the death penalty. The trend is clear: 2012 saw the biggest vote yet in favour of a worldwide moratorium on executions, by 111 states. Although Sri Lanka still has legislative provision for imposing the death penalty, judicial executions have not been carried out since 1976. John Rankin said he hopes that the memory of Rizana's death will help persuade the Sri Lankan government to vote in favour of a moratorium and, eventually, join the increasing ranks of countries that have abolished it altogether. His comments were issued to mark the World Day Against the Death Penalty. The UK - along with fellow EU Member States - is a strong advocate for the abolition of the death penalty. (source: The Sunday Leader) From rhalperi at smu.edu Mon Oct 13 14:29:36 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 13 Oct 2014 14:29:36 -0500 Subject: [Deathpenalty] death penalty news----DEL., MISS., OHIO, OKLA., COLO., CALIF., ORE. Message-ID: Oct. 13 DELAWARE: Md. court orders Burton to Del. for murder trial The suspect in the killing of Nicole Bennett of Millsboro, last seen alive at the Sussex County church where she was a day care provider, must be moved from Maryland to Delaware to face trial, a Maryland appellate court has ruled. Matthew Burton, 30, had fought his extradition to Delaware from a jail cell in Snow Hill, Maryland. After a county court denied his request to bar extradition, he appealed to the Maryland Court of Special Appeals, which heard his case earlier this year. Burton has already been shuttled between the 2 states since his arrest in July 2012, several days after Bennett's body was found in a ditch beside a rural road. Bennett, a married mother of three children, worked and worshipped at Bay Shore Community Church in Gumboro, where Burton was a maintenance worker. She was reported missing by her husband when she didn't return home from work the night of June 14, and her body was discovered June 15 in Worcester County, Maryland, a few miles from the Delaware border and not far from the church. Weeks later, investigators narrowed their focus to Burton who had been considered a low-risk sex offender following a 2004 conviction in Delaware - and apprehended him as he was driving with his family near Rehoboth Beach. Detectives found a ski mask, nylon rope and gloves under a seat in his pickup truck, according to court documents. Until August 2012, Burton was detained in Sussex Correctional Institution. But Maryland authorities got Delaware prosecutors to agree to an extradition, which Burton unsuccessfully opposed. He was sent to the Snow Hill jail that August, all the while maintaining his innocence with not-guilty pleas. Maryland prosecutors obtained an indictment of Burton on murder, rape and kidnapping charges and set about seeking the death penalty if he was convicted. Maryland, however, repealed the death penalty with a law Gov. Martin O'Malley signed on May 2, 2013, before Burton's trial began. Later that month, according to the Oct. 8 Court of Special Appeals ruling, the Worcester County, Maryland, prosecutor, Beau Oglesby, informed Burton he would be tried in Delaware, not Maryland, and Delaware authorities had told him they'd press it as a capital case. Only if Burton pleaded guilty to 1st-degree murder and 1st-degree rape, accepting 2 life sentences without a chance of parole, would he avoid extradition to Delaware. Burton declined the plea offer and opposed the move to send him back to Delaware. He lost in Worcester County Circuit Court, but appealed to the next-highest court and remained in Maryland during that appeal. The Court of Special Appeals, in its new ruling, said the governors of Maryland and Delaware filled out the proper paperwork to make the extradition happen, with Delaware Gov. Jack Markell signing a "warrant of rendition" and O'Malley complying with it. Burton had objected because some extradition papers said he was in Wicomico County, Maryland, a neighboring county to Worcester, but the court said those were merely typos that didn't invalidate the warrant. The court also denied Burton's assertion that since he was taken to Maryland in custody in the first place, he shouldn't count as a "fugitive" subject to extradition. It is possible, the court ruled, that Delaware's delay in starting Burton's prosecution denied him a constitutional right to a speedy trial, but the Maryland court ruled that question must be settled in Delaware courts after Burton is sent here. That claim "would not materialize until after he has gone to trial and been sentenced," the court said. Finally, the court said, the fact that Burton's trial venue shifted only after Maryland abandoned the death penalty "is a significant backdrop to his vindictive prosecution argument." But, the court said, Burton failed to prove "actual vindictiveness" on the part of Maryland prosecutors. (source: delawareonline.com) MISSISSIPPI: AG's office wants rape conviction appeal of Mississippi death row inmate thrown out The attorney general's office is asking the Mississippi Supreme Court to throw out Charles Ray Crawford's appeal of his 1994 rape conviction. Crawford, now 48, is currently on Mississippi's death row for the 1992 slaying of Kristy Ray in the Chalybeate community in Tippah County. In his appeal, Crawford claims he received ineffective counsel to defend himself against the rape charges, which were used by prosecutors to seek in the death penalty in Ray's death. The attorney general argues in documents filed Monday that Crawford got a fair trial. If the state Supreme Court upholds Crawford's conviction in the earlier case, Hood could again petition the court to set an execution date. Crawford's lawyers argue that the death sentence would be negated if the conviction is reversed. (source: Associated Press) OHIO: Group opposing death penalty plans Bluffton forum Tuesday Ohioans to Stop Executions will hold a forum on death penalty reform from 7 to 9 p.m. Tuesday. The forum will bring to the First Mennonite Church of Bluffton Terry Collins, the former state prison director; Derrick Jamison, who survived nearly 20 years on death row before being exonerated and set free in 2005; Charles Keith, whose brother was on death row before his sentence was commuted; and Jon Paul Rion, a member of the Ohio Supreme Court Joint Task Force to review the administration of the death penalty. The panel will discuss reform recommendations issued by the task force that is reviewing the administration of the death penalty in Ohio. The church is at 101 S. Jackson St., Bluffton. (source: limaohio.com) OKLAHOMA: Family of executed inmate plans to sue governor, executioners The family of Clayton Derrell Lockett, whose bungled April execution pushed Oklahoma to the forefront of a national debate over the death penalty, plans to sue Gov. Mary Fallin and various members of the state's execution team, claiming Lockett's lethal injection violated his civil rights. The family of a convicted murderer killed by the state in a controversial execution plans to sue Gov. Mary Fallin and members of the execution team, claiming the procedure violated the inmate???s civil rights, attorneys for the family said. Attorneys representing the family of Clayton Derrell Lockett have prepared a complaint against Fallin, the three executioners involved in his execution, and the manufacturers of the drugs used to kill him, among others, claiming they violated Lockett's Eighth Amendment rights against cruel and unusual punishment. Attorneys on Monday said they planned to file a lawsuit "imminently" in federal court in Oklahoma City. The complaint, shared Monday be attorneys, also calls his execution "a violation of innumerable standards of international law, and a violation of elementary concepts of human decency." "In a spectacle rarely seen in the 'civilized' world, Clayton Lockett writhed in agony, convulsed, gasped for breath, moaned repeatedly and took approximately 43 minutes to die at the hands of the Defendants," attorneys for the estate of Clayton Lockett wrote. Lockett was put to death by the state in April for the 1999 murder of Stephanie Neiman. Lockett and two accomplices kidnapped Neiman, who was 19 at the time of her death, and a friend after the pair showed up at a house they were in the process of robbing. The 3 men took Neiman and her friend, as well as the man they were robbing and his infant son, to a secluded area outside Perry, where Lockett shot Neiman with a shotgun. After refusing to shoot her a 3rd time, Lockett had his 2 accomplices bury her alive. Lockett's execution made international headlines after the procedure went awry, and state Corrections Department officials closed the blinds in the death chamber and escorted media from the room. (source: The Oklahoman) ********************** Why Oklahoma wants to delay 3 executions Oklahoma's attorney general is seeking to delay 3 upcoming executions, including 2 set for next month, saying that the state needs more time to obtain drugs and train staff on new lethal injection protocols put in place after an execution went awry in April. Attorney General Scott Pruitt filed a notice late Friday seeking to delay the executions of Richard Eugene Glossip, John Marion Grant and Charles Warner until 2015. Warner had been originally scheduled to die on April 29 - the same night that inmate Clayton Lockett writhed and moaned on the gurney, prompting the state to put all executions on hold until a review was conducted. Warner's new execution date is Nov. 13, but Pruitt said in the court filing that Oklahoma does not have the necessary drugs or commitments from medical personnel to carry out the execution. "The state does not want to rush implementation of this new training program, especially so soon after revision of the execution protocol," Pruitt wrote. "The additional requested time for all 3 executions will allow (the Oklahoma Department of Corrections) sufficient time in which to obtain the necessary drugs and medical personnel and to fully and thoroughly train each member of the new execution team." An attorney representing the death row inmates had no immediate comment Monday on the filing. A review from the Oklahoma Department of Public Safety blamed an improperly placed intravenous line for the troubles in Lockett's execution. The botched execution of Clayton Lockett helped reignite debate over the death penalty in the US. As The Christian Science Monitor reported: The death penalty no longer has quite the unassailable support it once had in Oklahoma, especially not in the state's courts, as a national battle over the legality of lethal injection has washed into the state's courtrooms. In recent months, a pitched battle has arisen between opponents and supporters of capital punishment over whether states have the right to use lethal injection drugs from sources they decline to name. States have been reaching out to such pharmacies over the past few months, after the European manufacturer of the most common drug used in the procedure cut off supplies to death houses. Death penalty opponents have leveraged the issue of states using secret suppliers' drugs - which opponents say could be of poor quality, bringing unconstitutional suffering to the condemned - to get bigger questions about the legality and ethics of capital punishment back into courtrooms. (source: Christian Science Monitor) COLORADO: Sir Mario Owens: False Evidence in Death-Penalty Case a "New Low," Defense Claims Determined to demonstrate just how far he believed Arapahoe County prosecutors had strayed over the line in the effort to obtain the death penalty against his client, defense attorney Jim Castle resorted to a visual aid. During a hearing late Friday, he presented District Judge Gerald Rafferty with a wheeled cart piled with documents that he said prosecutors were obligated to turn over to the defense before trial but failed to do so - a transgression of due-process rights known as a Brady violation. "There are so many violations in this case, I can't cover them all," Castle said. "How did this happen? This shouldn't happen. If it's allowed, we will accept a new low for justice in Colorado." Castle's plea capped 2 weeks of convoluted - and, at times, disturbing - testimony and argument in an evidentiary hearing over whether government misconduct tainted the 2008 death sentence imposed on Sir Mario Owens. Along with co-defendant Robert Ray, Owens was convicted of the murders of Javad Marshall-Fields and his fiancee, Vivian Wolfe, in 2005; Marshall-Fields had been expected to testify against the 2 men in another homicide investigation. Both Ray and Owens were tried in an atmosphere of intense security, with highly limited defense access to witnesses - measures that prosecutors from the Eighteenth Judicial District insisted were necessary to protect witnesses from reprisals. But defense attorneys contend that the cloak of secrecy also concealed improper "incentives" that prosecutors offered to key witnesses - everything from highly favorable plea deals on criminal charges to grocery store gift cards, lodging and even a car provided to 1 witness - and failed to disclose to the defense. In addition to being required to turn over discovery materials to the defense, the district attorney's office also has a duty to "correct" any testimony offered that prosecutors know (or "should have known") to be false or perjury. That can be a daunting challenge given the amount of paperwork and potential leads developed in a sprawling capital case, especially one in which many witnesses are reluctant to testify and deeply involved in criminal activities themselves. But it's a challenge that the Owens prosecutors failed miserably, Castle argued, failing to turn over relevant impeachment materials that the defense didn't receive, in many instances, until years after the trials. "These kinds of cases are what our community looks at to see if our processes are fair," Castle noted. "We have twelve jurors who imposed a death sentence. They're going to find out they didn't have all the information they should have had." Several of the government's witnesses at trial were jailhouse informants who were trading information for freedom or reduced sentences. Among the key contentions of the Owens defense: --Robert Ray's wife, LaToya Sailor, testified that she wasn't willing to come forward about what she knew until after Owens was arrested because she feared Owens would harm her son. Despite the fact that police documents indicate Sailor was already cooperating with authorities prior to Owens' arrest, prosecutors made her supposed need to be protected from Owens "an issue in the case" and hammered away at it to the jury. Another document withheld from the defense indicated Sailor, the beneficiary of a car from then-District Attorney Carol Chambers, had initially offered to assist in an accessory case against Ray but didn't want to tie him directly to the Marshall-Fields shooting. (Ray was sentenced to death for Marshall-Fields's murder and received a life sentence for Wolfe's death.) --Witness Mark Johnson was facing two counts of conspiracy to commit murder if he failed to cooperate in the Ray-Owens prosecution, but defense attorneys weren't made aware of that possible motivation or how it might have shaped his testimony. --Greg Strickland, the only witness to identify Owens as the shooter of Marshall-Fields and Wolfe, testified that he'd received no assistance in any of his own cases in return for his testimony. But records indicate he received a plea deal in Adams County in exchange for his cooperation. Deputy District Attorney Ann Tomsic denied any misconduct by her office, saying that the defense had failed to demonstrate that any of the witnesses had actually offered false testimony. That people in jail want to cut deals to get out "goes without saying," she added, and it was the jury's duty to weigh the credibility of those witnesses. Tomsic also pointed out that court rulings restricted the prosecution's ability to elicit information from witnesses about the arrangements made for them out of concern for their safety. But Castle described the prosecution's approach to the high-stakes, high-profile case as a win-at-all-costs strategy that ignored constitutional requirements. "It's 'I'm not going to look, and I'm not going to find, so I don't have to turn information over to the defense,'" he said. While the procedural violations the defense focused on had little to do with the actual guilt or innocence of Ray and Owens, Castle cited extensive case law stressing that the "how" of due process matters as much in the American legal system as the "why." He blasted the Eighteenth Judicial District Attorney's Office for failing to have imposed standard protocols for turning over discovery and for prosecutors to inspect police files in a capital case; one ongoing issue in the case has to do with evidence in the possession of the Aurora Police Department that wasn't turned over to prosecutors in a timely manner. (As we've previously reported, the Owens-Ray case isn't the only death-penalty case pursued by former DA Chambers that has been dogged by claims of prosecutorial misconduct and withheld evidence.) "The vast majority of prosecutors in this state take their disclosure obligations seriously," Castle said. "The Owens case is rare." Although the government-misconduct phase of the hearing is now over, additional hearings are scheduled on the issue of whether Owens received effective assistance of counsel, with no rulings expected for months. Ray is also appealing his conviction. (source: Denver Westword) CALIFORNIA: Death for all 3 of them?----Alleged murderers and torturers of Brittany Killgore face ultimate penalty Louis Ray Perez, 48, Dorothy Gracemarie Maraglino, 39, and Jessica Lynn Lopez, 27, were all in court on Friday, October 10. The defendants deny all accusations pertaining to the kidnapping, torturing, and murder of a Marine's wife in San Diego County more than 2 years ago. A judge said he hoped to know in 2 months if the district attorney's office intends to pursue the death penalty against any of 3 defendants. Judge K. Michael Kirkman noted on the record again that this is a "special circumstances" case in which the prosecutor has alleged crimes that make the defendants eligible for the ultimate penalty. The body of Brittany Dawn Killgore, 22, was found dumped on the side of a road in a neighboring county 4 days after she went missing in 2012. On April 13 of that year, the young woman reportedly got into a car with defendant Perez; 13 minutes later she texted the word "HELP" to a friend, according to evidence presented at a preliminary hearing more than a year ago. The apartment where Killgore lived was 1 mile from the home in downtown Fallbrook where horrific acts of torture allegedly occurred, according to prosecutor Patrick Espinoza. Perez was an active-duty Marine based at Camp Pendleton when he was arrested in connection with this case. Also during the hearing, an attorney for Lopez requested the court to release records obtained from a pregnancy clinic where Maraglino had received care. And an attorney for Perez requested copies of the psychiatric records of Lopez. The judge made a private assessment of those subpoenaed records and then released some records and delayed the release of others. Each defendant is held in lieu of $3 million bail, pleads not guilty to all charges, and is next expected in court on December 12. (source: San Diego Reader) OREGON: Oregon State Police detective's 'egregious misconduct' in Pedersen case triggers review of more cases 2 months after a federal judge slammed Oregon State Police and Detective Dave Steele for "egregious misconduct" in investigating white supremacist killer David "Joey" Pedersen, the law enforcement agency has yet to say how it plans to respond. State police officials said they are "unable to communicate with the transparency necessary" about Senior U.S. District Judge Ancer Haggerty's censure because they need to finish their personnel investigation of Steele and wait for the FBI and a Seattle-based federal prosecutor to complete a criminal inquiry. But they said last week they are working with state justice officials to review policies that may "directly or indirectly" relate to the problems identified by Haggerty. The judge in a 63-page supervisory opinion lambasted both Steele's misconduct and federal prosecutors' "laissez-faire" approach to their legal obligations in the Pedersen case. Steele has asserted his Fifth Amendment right against self-incrimination and has not commented about the case or the judge's findings. He has been on paid administrative leave since December and continues to collect his $5,695 monthly salary. The lack of a public response from state police has fueled concern that the alleged misconduct in the Pedersen case could extend to other cases. District attorneys are checking past cases ??? including the 2008 Woodburn bank bombing - for the role that Steele played in those prosecutions. And defense attorneys are similarly leafing through cases, looking for signs of tainted investigations. The judge's opinion is "a confirmation of what many of us have suspected for a long time," said Russell Barnett, a well-known criminal defense attorney in Portland. Barnett said state police are perceived at times to be withholding information - one of the criticisms that the judge levied. "It's hard to imagine (Steele) was one rogue," Barnett said. "There had to be other people aware of it." Pedersen case nearly unraveled Haggerty issued the nonbinding opinion on the same day he sentenced Pedersen to 2 life terms for the October 2011 carjacking deaths of Cody Faye Myers, 19, of Lafayette and Reginald Alan Clark, 53, of Eureka, Calif. The men were both killed after agreeing to give Pedersen and accomplice Holly Grigsby a ride. The 2 had already killed Pedersen's father and stepmother in Washington state, as they embarked on what they called their white supremacist "revolution." OSP statement In response to the supervisory opinion received from U.S. District Court Judge Ancer Haggerty, the Department of Oregon State Police is developing a course of action to assertively respond to the concerns raised. On account of the pending investigations and the related findings raised by both the U.S. Attorney???s Office and U.S. District Court Judge Ancer Haggerty, the Department is at this time unable to communicate with the transparency necessary to provide clear understanding of the questions raised. The Department will provide additional information to the public at the appropriate time upon completion of the pending investigations. We anticipate this response will be available to the public upon its completion and delivery to Judge Haggerty. Detective Steele was removed from his police officer duties and has remained on paid administrative leave since December 16, 2013. He will remain on paid administrative leave status until the conclusion of the investigations and is receiving his current monthly salary of $5695.38. The Department is working with the Oregon Department of Justice as we closely evaluate Judge Haggerty???s findings. The Department conducts routine review of policy and training to meet public safety standards and best practices. In this circumstance, the Department is reviewing policies and training that may directly or indirectly be related to this matter. The Department is committed to making necessary changes, in addition to providing essential training. The Oregon State Police appreciates the assistance provided by the Department of Justice and will continue to work closely with them as this matter progresses. The Department is committed to ensuring our employees understand the legal parameters required when working with our federal, state and local prosecutors in all phases of the judiciary process. Despite the couple's open admission of guilt, the case nearly unraveled. The U.S. Attorney's Office in Oregon brought federal racketeering and violent offense charges against the 2 with the death penalty on the table. Steele, a trooper in the Oregon State Police major crimes division since 2006, became the lead investigator. Then 44, Steele was recognized by his supervisors that year for his professionalism, work ethic and investigative skills. "I refer to his work ethic as akin to that of a draft horse, constantly pulling its load to the end," a supervisor wrote in his performance review. But as Pedersen and Grigsby's cases progressed, defense attorneys were finding large gaps in evidence that the government was supposed to turn over. Over a series of months, Pedersen's attorneys pressed the prosecutors for photos from crime scenes and other evidence they knew existed but could not locate. Reports of interviews that Steele conducted with Pedersen's family were not turned over to prosecutors for 2 years - who then belatedly turned them over to defense attorneys. Steele claimed state police policy called for keeping family interviews - which include information relevant to death-penalty proceedings - separate from investigative reports that relate to guilt or innocence. In state cases, defendants are tried 1st and then undergo a death-penalty proceeding, while in federal cases, the decision whether to seek the death penalty precedes trial. Finally, in December 2013, a staffer with the U.S. Attorney's Office went to visit Steele at his office in Salem. She discovered dozens of boxes worth of evidence - some of which had never been logged - as well as recordings of confidential legal calls between Pedersen and his defense team members. She also found a letter from Pedersen's sister referring to photos she had sent Steele. Although a shredded evidence receipt for the pictures was later found, the photos - which Haggerty said could have been favorable to Pedersen in a death-penalty proceeding ??? have never been located. Steele was removed from duty and placed on administrative leave. Shortly after, U.S. Attorney General Eric Holder declined to seek the death penalty for Pedersen and Grigsby. Salem Police began investigating possible misconduct by Steele. Although the Marion County District Attorney's Office decided against bringing charges, federal authorities opted to launch their own investigation. Haggerty noted Steele's failures in his opinion, finding that he lied to prosecutors, backdated evidence receipts, listened in to confidential legal calls and destroyed evidence. The judge also devoted a large section to failures by the federal prosecutors, Assistant U.S. Attorneys Jane Shoemaker, Hannah Horsley and Kelly Zusman, in fulfilling their legal obligations to check the evidence being shared and disclose the receipt of confidential communications between defendant and legal teams. But he also targeted state police for their policy of withholding so-called death-penalty interviews, calling it "unlawful under any reasonable interpretation of Oregon law." He urged the state Justice Department to train state police on attorney-client privilege and to conduct an audit of past cases handled by Steele to ensure those cases were "based upon sound and complete evidence." The Justice Department has said it will conduct a review, although spokeswoman Kristina Edmunson would not say if it has started. "DOJ was not a party in the case, however, we have taken the Judge's concerns very seriously," Edmunson said. She said the department will offer training on attorney-client privilege issues and has tentatively planned 2 sessions in December. In a recent phone interview, Haggerty said he was "hopeful certain things would be done," saying his concerns about the conduct prompted the extensive opinion. But he acknowledged the criminal investigation as a reason the agencies are not moving more quickly. He said Oregon State Police has not sent him any letter or email acknowledging his opinion. Case reviews underway Some in the legal community are pressing forward with their own reviews of previous cases. Paul Frasier, the Coos County district attorney and president of the Oregon District Attorneys Association, emailed a copy of the judge's opinion to his members the morning after it came out. A few days later, he forwarded them a state police list of Steele-related cases and the counties where they occurred. The vast majority of the cases that Steele contributed to - at least 150 since 2008 - were handled by the Marion County District Attorney's Office, according to the list. Those cases are being pulled and assigned to the original prosecutor to review for irregularities, said Paige Clarkson, a Marion County deputy district attorney. Prosecutors will get to them as they have time, she said. Among the cases Steele worked was the 2008 Woodburn bank bombing, considered the state's most expensive death-penalty case with defendants, 4 court-appointed attorneys, 3 prosecutors and several expert witnesses flown in from as far away as Iraq for the nearly 3-month-long trial. Steele's role included interviewing friends and family members of the two defendants, father and son Bruce and Joshua Turnidge, according to documents obtained by The Oregonian. Those interviews were particularly key as jurors weighed whether to support the death penalty for the 2 men for the bank bombing that killed 2 police officers and critically wounded a 3rd. The Turnidges have been sentenced to death. Katie Suver, one of the deputy district attorneys who prosecuted the Turnidge case, said she has not yet reviewed the files to determine the full extent of Steele's involvement. But she said she is confident that his contributions did not affect how the case was prosecuted. She noted that Steele was not one of the dozens of trial witnesses and was not one of the detectives collecting evidence from the bank or the defendants' property. He wasn't tied to a suspect piece of evidence or to a disputed interview for example, she said. The Turnidges' cases are before the Oregon Supreme Court for direct review of the conviction and sentence. Defense attorneys are similarly combing through their cases. The state Office of Public Defense Services, which provides counsel for indigent defendants, issued a request to its lawyers to go through previous cases that Steele may have worked on, said executive director Nancy Cozine. The defense office had to file a public records request to get a version of the case list that state police had already provided to the district attorneys association weeks earlier. Barnett, the criminal defense attorney, said he worries if Steele's bias - or anyone else's at Oregon State Police - led to selective investigation and an unfair conviction throughout the years. "When you start building a case against someone then instead of being a neutral investigator you have an agenda," he said. "That agenda affects people's liberty, and that's appalling." (source: The Oregonian) From rhalperi at smu.edu Mon Oct 13 16:11:51 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 13 Oct 2014 16:11:51 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, FLA. Message-ID: Oct. 13 TEXAS---- Reprieve Granted For Texas Prisoner Facing Execution The state's highest criminal appeals court has blocked the scheduled execution this week of a 40-year-old man convicted of fatally shooting a 5-year-old boy sleeping with his mother at a Corpus Christi apartment 20 years ago. Larry Hatten had ordered no appeals be filed to stop his scheduled Wednesday evening lethal injection in Huntsville for the slaying of Isaac Jackson. But the Texas Court of Criminal Appeals has given him a reprieve to resolve a 1997 filing with his trial court in Nueces County. The judges said Monday in a 3-page ruling that the filing never was decided by the trial court and was never properly forwarded to the appeals court. The appeals court has given the trial court 6 months to resolve the claims in the in filing. (source: Associated Press) **************************** Executions under Rick Perry, 2001-present-----278 Executions in Texas: Dec. 7, 1982-present----517 Perry #--------scheduled execution date-----name---------Tx. # 279------------Oct. 28------------------Miguel Paredes--------518 280------------Jan. 14------------------Rodney Reed-----------519 281------------Jan. 15------------------Richard Vasquez-------520 282------------Jan. 21-------------------Arnold Prieto--------521 283------------Jan. 28-------------------Garcia White---------522 284------------Feb. 4--------------------Donald Newbury-------523 285------------Feb. 10-------------------Les Bower, Jr.-------524 286------------Mar. 11-------------------Manuel Vasquez-------525 287------------Mar. 18-------------------Randall Mays---------526 (sources: TDCJ & Rick Halperin) FLORIDA: Prosecutors seeking death penalty for man accused of killing 1-year-old Tampa boy Hillsborough County prosecutors will seek the death penalty against Austin Hamilton, who is accused of killing his girlfriend's 1-year-old son in August, officials said Monday. Hamilton, 24, has pleaded not guilty 1st-degree murder and aggravated child abuse charges. But Tampa police detectives said that shortly after he was detained, Hamilton admitted beating Sincere Williams repeatedly with a belt and dropping him on his head. Sincere died that night at St. Joseph's Hospital. A medical examiner's report concluded that Sincere had succumbed to blunt-force trauma to the lower abdomen. According to a police report, Hamilton told detectives he "lost control" when, in the middle of changing the child's diaper, Sincere began to urinate all over their motel room. After hitting the boy's backside at least 10 times with the belt, Hamilton picked him up and dropped him, the report said. Following her son's death, Tiffany Williams said she hoped Hamilton would get the death penalty. (source: Tampa Bay Times) From rhalperi at smu.edu Tue Oct 14 14:16:30 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 14 Oct 2014 14:16:30 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, MASS., PENN., N.C. Message-ID: Oct. 14 TEXAS: Argument preview: What can a federal habeas petitioner argue when defending a judgment in his favor? Despite all the money and resources poured into Supreme Court amicus briefs these days, it is relatively rare that an amicus substantially influences the central merits of a case. However, an amicus brief filed by the Criminal Justice Legal Foundation in Jennings v. Stephens, the second argument this Wednesday, may be such a brief. It provides a balanced analysis of the legal question presented - although the ultimate disposition that the brief suggests may prove too much for some of the Justices. Facts and proceedings This is a death penalty case from the Texas state courts, coming to the Supreme Court after a federal district court granted federal habeas relief but the Fifth Circuit reversed. Jennings, with a record of prior robberies, shot and killed a Houston police officer while robbing a store. His guilt is not at issue; the case challenges only his sentence. After the Texas appellate courts denied relief, Jennings filed federal habeas claims alleging ineffective assistance of counsel ("IAC"). He alleged 3 deficiencies: (1) a failure to investigate and present mitigating background evidence; (2) a failure to investigate and present mitigating psychological evidence; and (3) a deficient closing argument. On this last claim, it is undisputed that, whatever else was argued in closing (the state opinions are unpublished and the briefs only partially quote the arguments), Jennings's lawyer said to the jury: "I feel like I ought to just sit down. Shoot, you twelve people know what the evidence is. You've probably already decided.... [And if the jury could not see some way to vote for life over death], I can't quarrel with that." The federal district court ruled in Jennings's favor on the first 2 grounds, but not on the 3rd. On appeal, the Fifth Circuit reversed the judgment and ordered that habeas relief be denied. The state had argued that the district court had failed to be sufficiently deferential to the state court judgment and findings regarding the first 2 "mitigation evidence" grounds. In response, Jennings had disputed the state's arguments, but also argued that relief should be affirmed on the third ground: that his lawyer's closing argument had been constitutionally ineffective. In reply, Texas argued that (1) Jennings had not filed a notice of cross-appeal from the rejection of his closing argument ground, and (2) Jennings had also failed to obtain a "certificate of appealability" (COA) - a special statutory requirement (28 U.S.C. 2253) that must be met for a defendant to appeal in federal habeas cases - for his closing argument issue. Texas argued that these failures barred the Fifth Circuit from considering the merits of Jennings's closing argument issue. In an unpublished opinion, a 3-judge panel of the Fifth Circuit agreed with Texas (and rehearing was subsequently denied). First the panel ruled that Jennings's failure to file a notice of appeal concerning his closing argument "claim" was a jurisdictional flaw under Bowles v. Russell and Federal Rule of Appellate Procedure 4(a) (although neither authority expressly addresses cross-appeals). Second, while noting that "circuit courts of appeal are split," the panel ruled that a federal habeas defendant, even when acting as appellee, must seek a COA from the district court if he wants to present any "grounds for relief not adopted by the district court." Finding that Jennings had not affirmatively argued that filing a notice of cross-appeal or seeking a COA was unnecessary to establish jurisdiction, the panel "dismissed" his closing argument point because "[a] party seeking to invoke a court's jurisdiction must advance arguments establishing jurisdiction." The parties' diametrically opposed arguments Since Congress amended the federal habeas corpus statutes in 1996, the path to federal habeas relief from a state court conviction has become a complicated one. This case is one of many that attempt to untangle one aspect of the web. The parties' briefs are, unsurprisingly, diametrically opposed. Jennings argues that a party traditionally may present any argument (that was presented below) to defend a judgment, without filing a cross-appeal. Here, the district court's judgment simply ordered a new sentencing hearing, and Jennings says his closing argument issue is merely an alternative ground for affirmance of the district court. As for a COA, Jennings points out that the habeas statute requires a COA only for "an appeal ... taken" by a petitioner, so it does not apply to a petitioner arguing against the state's appeal. (The state's notice of appeal undoubtedly gave the Fifth Circuit jurisdiction over the judgment - no COA is statutorily required for a state's habeas appeal.) Jennings also argues that, as at least 2 circuits have held, the absence of a district court COA is not a jurisdictional flaw. Thus the Fifth Circuit could and should either have issued a COA on its own, or remanded to the district court to see if a COA was appropriate. Texas disputes every point. First, it says that Jennings's argument would have "expanded" the judgment, by giving him a new sentencing hearing that was not only free of mitigating evidence errors, but also free of closing argument deficiency. Frankly, that response seems to border on frivolous, because any new sentencing hearing would presumably have to be free of prejudicial errors of all kinds. But it gives you a flavor of how adamantly Texas seeks to defend its judgment. More centrally, Texas argues that a separate "claim" always requires a separate notice of appeal. Jennings replies that he did not seek to raise a separate "claim" but merely to present "an additional argument" in support of his IAC claim. As for the COA, Texas points out that the statute requires that it "indicate which specific issue or issues" will be argued, and that this statutory issue-identification function should require a defendant to seek a COA on any new issues he wants a circuit to consider on appeal. Texas argues that the majority of circuits have adopted this view, which Texas says represents "the better reading of the statute." One can predict that Wednesday's argument will rehearse the Justices' varying views on how to read the 1996 habeas amendments, which have been the subject of a number of 5-4 decisions since that time. Finally, Texas argues that the Fifth Circuit's statement that Jennings's "motion for a COA is denied" implicitly shows that it had "already . . . considered [Jennings' closing argument] claim on the merits and rejected it. ....This means that the court of appeals has already ... found it so weak as to not present a debatable question." That seems like quite a lot to read into the simple word "denied." But this argument can't be entirely discounted, given the Court's decision in Harrington v. Richter 2 Terms ago (which suggests such implicit expansion when evaluating state court rulings - although this one is federal) and the Justices' heated disagreements generally about the availability of federal habeas corpus relief. A helpful amicus analysis It was no accident that the 1996 amendments to the federal habeas law were called the "Anti-terrorism and Effective Death Penalty Act" (otherwise known as AEDPA, pronounced "ed-pah"). Discontent regarding federal courts "interfering" with state court judgments in capital cases, and consequent long delays before executions, powered AEDPA to enactment. The Criminal Justice Legal Foundation was founded well before AEDPA, but it shares a similar goal: to "remov[e] legal obstacles to the use of" the "most powerful deterrent to criminal behavior" - "the government's ability to efficiently apprehend, prosecute, and punish criminals in a swift and decisive system of justice." CJLF's national legal director, Kent Scheidegger, has tirelessly filed amicus briefs in many major capital cases, advocating speedier affirmance, and quicker (or no) federal review, of state death penalty judgments. The CJLF brief is the only amicus brief filed in this case - a relatively rare phenomenon these days. I found it, however, to be extremely helpful in simplifying the intricacies of this case, particularly because the parties' claims are so diametrically opposite. A "claim," says CJLF, is different than an "argument," and IAC is a single "claim" for relief, even if comprised of several different arguments. As such, says CJLF, there should be no separate requirement for a notice of cross-appeal, or a COA, for a habeas petitioner to present all arguments that might support a "claim" of IAC. Coming as it does from a group that generally supports capital punishment and opposes lengthy federal habeas review, this well-supported position would seem to carry especial weight. Moreover, CJLF argues that supporting Jennings's simpler procedural position here will actually further Congress's purpose of avoiding "uncertainty ... confusion, and the resulting delays." But rest assured, CJLF is not supporting merits relief for a capital defendant here. Although the Fifth Circuit may have erred in dismissing Jennings's closing argument claim, CJLF argues that any error was harmless, because the district court's denial of relief on that claim was "so clearly correct" that no remand is necessary. "The present case has been delayed too long already," says CJLF (since the killing 26 years ago), and the Fifth Circuit's "procedural hiccup" should not further delay the case. On this last point, of course, a number of the Justices are likely to disagree. Whether that number will add up to 5 may be the real question in this case. A defense lawyer who tells capital jurors that if they vote for death, "I can't quarrel with that," surely raises serious questions of deficiency and prejudice. The normal course, if one believes the Fifth Circuit erred in dismissing these questions, would be to remand for consideration on the merits. Wednesday's argument may reveal whether CJLF's "harmless beyond reasonable doubt" argument has traction with a majority of Justices (although one hardly imagines that a remand would long delay the Fifth Circuit on the merits in this case). The value of the Court's decision will be in the procedural guidance that it provides not so much for Jennings as for the many federal lawyers and courts handling federal habeas cases and appeals across the country. (source: Rory Little, SCOTUS blog) MASSACHUSETTS: 'Hanging Judge' author speaks in Kingston Thursday The 2nd program in the Kingston Public Library's Fall Author Talks is a visit from Michael Ponsor, author of "The Hanging Judge." Based on his own experience, a federal judge who in 2000 presided over the 1st capital case in Massachusetts in more than 50 years, this gripping thriller offers an unprecedented inside view of a federal death penalty trial. When a drive-by shooting in Holyoke claims the life of a drug dealer and a hockey mom volunteering at an inner-city clinic, the police arrest a rival gang member. Public outrage over the senseless killing prompts the U.S. attorney to shift the double homicide to federal court so he can seek the death penalty. Federal Judge David Norcross now presides over the 1st death penalty case in Massachusetts in 50 years. He also must contend with the media crush, anti-death penalty protesters, vengeful gang members, and everything that can go wrong with a capital trial. "There are plenty of surprises to keep readers turning pages. Ponsor gives readers a unique look into the workings of a courtroom. But more than that, he demonstrates a feel for how ordinary families are affected by the legal system. Ponsor's debut would make a great movie." Kirkus Reviews, starred review. "The Hanging Judge" is a Massachusetts Book Awards Must-Read Book for 2014. Ponsor graduated from Harvard College and Yale Law School. In 1994, President Bill Clinton appointed him a life-tenured district judge. Ponsor continues to serve as a senior district judge in the United States District Court for the District of Massachusetts, Western Division. "The Hanging Judge" is his 1st novel. The program begins at 7 p.m. Thursday, Oct. 16, in the Meeting Room of the Kingston Public Library, 6 Green St. in Kingston. (source: wickedlocal.com) PENNSYLVANIA: Witness: 'Everybody got shot, so everybody was screaming' The 911 call was brief and confused, as was the firefight that spawned it. "They got shot," Jose Gonzalez told an emergency dispatcher. "My uncle," Gonzalez continued. "I don't know, somebody shot my uncle." Gonzalez spoke as Angel Figueroa lay in the street paralyzed from a bullet fired during a 2012 gun battle in Bethlehem outside a Puerto Rican social club. But the reality was even more gruesome than Gonzalez's brief phone call suggested, with authorities later labeling the shootout one of the Lehigh Valley's worst ever. Gonzalez's other uncle, Orialis Figueroa, had gunshot wounds to both his legs. Gonzalez's cousin, Luis Rivera, was shot in the knee. A 23-year-old family friend, Yolanda Morales, was dead. And the 2 men who Northampton County prosecutors say were the aggressors in the melee were also wounded. Javier Rivera-Alvarado was lying unconscious from a baseball bat blow to the head, a gunshot to his leg. Rene Figueroa had fled back inside the club and was bleeding from his own bullet wounds. "It was just everybody screaming," Gonzalez recalled Tuesday as he testified in Rivera-Alvarado and Rene Figueroa's trial. "Everybody got shot, so everybody was screaming." On the witness stand in the fourth day of testimony, Gonzalez largely repeated the account that his family has offered a jury: that the Dec. 2, 2012, shootout was sparked when Rivera-Alvarado sneaked up behind Orialis Figueroa outside the Puerto Rican Beneficial Society and placed a gun against the back of his head. Gonzalez, 23, of Easton said he never wielded a weapon early that morning, and merely helped tend to the wounded after the shooting subsided. But tests by police showed gunshot residue on his hands - a fact that the defense raised with jurors when the trial opened last week. With Gonzalez on the stand, First Deputy District Attorney Terence Houck suggested an explanation for the residue, asking the witness whether he touched the wounds of any of his relatives who were shot. He did, Gonzalez replied. "Did you handle a gun that night?" Houck asked him. "No," Gonzalez insisted. A jury must decide whether Rivera-Alvarado and Rene Figueroa, who is of no relation to the other Figueroas, were the aggressors in the gun battle. Rene Figueroa could face the death penalty if convicted of murdering Morales, of Bethlehem, who was gunned down in the firefight. The shooting occurred after a minor incident inside the East Third Street club spilled into the street, according to testimony. It created a crime scene so complicated that investigators had to draw diagrams to make sense of what happened. And it happened quickly, with authorities estimating it was over in 2 minutes or less. "You're putting everything as slow motion," Gonzalez told Rene Figueroa's lawyer, Jack McMahon, as he was questioned over details of his account. "Everything happened so fast." Attorneys for Rivera-Alvarado, 40, and Rene Figueroa, 34, both of Allentown, say they are the victims and not the perpetrators. It was the prosecution's star witness, Orialis Figueroa of Easton, who started the melee and whose reckless gunfire killed Morales, the defense maintains. McMahon has mocked Orialis Figueroa to the jury as "our local hero," saying the story that he and his relatives told police is a "total fabrication." The long-delayed trial comes as authorities say they foiled a plot by Rene Figueroa and his wife, Sonia Panell, to kill witnesses in his case - charges that have captured headlines as much as the initial shooting. Judge Anthony Beltrami has ruled the prosecution can introduce those allegations as evidence, after Houck argued that the alleged plot helps show that Rene Figueroa knows he is guilty. Rivera-Alvarado and Rene Figueroa face charges that include attempted murder, conspiracy and aggravated assault, though only Figueroa is charged with homicide. (source: Morning Call) ******************** Convicted killer Timothy Jacoby sidestepped responsibility for robbery, gun charge in 2012----Judge couldn't explain "disconnect" between Air Force Academy and felony behavior During his 1st-degree murder trial last week, before he was convicted and sentenced to death, Timothy Matthew Jacoby twice turned down opportunities to address the judge and jury. Even though he was facing the death penalty - and in some people's minds therefore had nothing to lose - Jacoby seemed to have undercut his defense attorney's work at a 2012 hearing, apparently talking himself into a stiffer prison sentence, according to a York County Court transcript. Jacoby appeared before York County Judge Craig T. Trebilcock on July 18, 2012, for sentencing on a gun possession charge, peripherally linked to Schmeyer's murder. He was in prison on that charge when authorities arrested him for the 2010 murder of Monica Schmeyer, the victim in his death penalty case. Armed with a search warrant on July 7, 2011, police had gone to Jacoby's West Manchester Township home looking for a .32-caliber handgun that they believed was used to kill Schmeyer 15 months earlier. Jacoby had become a suspect in Schmeyer's murder when investigators confirmed he had at one time legally owned a .32-caliber handgun Police never found the suspected murder weapon but in a shed on Jacoby's property they did find a .40-caliber handgun. Because of a 2006 jewelry store robbery conviction, Jacoby was on 5 years' probation at the time of the search and because of that was legally barred from possessing a firearm. Still a suspect for Schmeyer's murder, West Manchester Township Police charged Jacoby the day the gun was found with "person not to possess a firearm," a 2nd-degree felony. A jury convicted him on June 8, 2012, and at the sentencing hearing before Trebilcock 5 weeks later, Jacoby's attorney, Ronald J. Gross, had angled for a 2-to-4-year prison sentence. The state guidelines for a standard 2nd-degree felony sentence called for a minimum sentence of 3 years. Gross advised Trebilcock of much of the same information that Jacoby's murder trial jury heard last week. He said Jacoby: -- Graduated from Spring Grove Area High School and was accepted in the U.S. Air Force Academy; -- Was reactivated after 9/11; -- Put himself through college and grad school, earning a master's degree; -- Was gainfully employed, supported 1 daughters and paid his taxes. What Trebilcock said he couldn't unscramble was the "disconnect" between "going from Air Force Academy cadet ... to some really serious felonies." That's when Jacoby began talking. He said, according to transcripts: -- "(It) was an unreliable witness" who pegged him for the jewelry store robbery in 2006; -- After pleading no contest to the robbery for a probationary sentence, he took all of his weapons to his parents' house. The .40-caliber later found in the shed, he said, "was an oversight"; -- And, he was "disappointed in the jury's verdict (at his gun possession trial) especially considering no evidence was provided proving that I knew the firearm was there." He went on to tell Trebilcock, "I've lost a little faith in the jury system and I would greatly appreciate consideration of whether the lack of evidence is grounds for acquittal ... ." "Here's where I'm at with in my mind with you, just to be up front with you," Trebilcock said. "You're either a person that commits all sorts of offenses and because you're really smart, you have a long parade of excuses to explain them away. "Or, you are the unluckiest person on the face of the earth. "I haven't found the answer I was looking for yet. It is indeed a situation where you're ... the veritable Job of the judicial system because I can't imagine how you would be found guilty of a robbery and a felony possession of a firearm if you were completely innocent unless you were that unlucky ... "We don't consider luck in this courtroom." Summing up Jacoby's statements, Trebilcock said, "It's always somebody else's fault. It's a bad jury. It's a bad witness. It's a bad lawyer." Trebilcock, a colonel and a Judge Advocate General officer in the U.S. Army Reserves, also took note that Jacoby was an armorer in the military. "An armorer is the person who's responsible for the weapons in the unit," Trebilcock said. "The armorer always knows where his weapons are. He is trained in the military to always know where each and every single weapon ... is. "So, for a person who's a military armorer to indicate, 'Gee, I just forgot about this .40-caliber in my shed,' that does not help your situation." Trebilcock then sentenced Jacoby to 4 to 8 years - twice what Gross had argued for - in state prison. He was in prison when he was charged for Schmeyer's murder in August 2012. Trial coverage Day 1: Capital murder trial begins in death of Manheim Township woman Day 2: Murder trial testimony continues in York Day 3: At dead end, homicide investigators looked at boyfriend of alibi witness Day 4: Police find no evidence to support murder-for-hire theory in Manheim Township case Day 5: Shell casings compared, ex-husband of victim to testify Monday as Manheim Township murder trial continues Day 6: Ex-husband hoped Manheim Twp. murder was 'horrible April Fool's joke' Day 7: York jury to get Jacoby case Timothy Matthew Jacoby was on trial on charges of killing 55-year-old Monica Schmeyer in 2010. Schmeyer was found dead in her Manheim Township home with a single gunshot wound to the head on March 31, 2010, police said at the time. Now that Jacoby has been convicted, the York County District Attorney's Office will be seeking the death penalty. Day 8: Jacoby convicted of 1st-degree murder, faces death penalty hearing Day 9: Jury hands Jacoby a death sentence (source: York Daily Record) *********************** Psychologist says KOP killer has bipolar disorder as jury decides his fate The King of Prussia man convicted last week in the 2012 murders of a baby and her grandmother exhibits signs of severe mental illness, including elements of bipolar disorder that impair his judgment, a forensic psychologist testified Tuesday. Raghunandan Yandamuri has a high IQ of about 120, estimated Gerald Cooke, who spent at least nine hours with Yandamuri and administered a battery of tests and evaluations. But he has suffered from psychotic and depressive episodes, he said, displays grandiosity and tends to deny or minimize his own problems. Bipolar disorder, Cooke said, "is not a disorder that goes away." "It impairs his emotional control," he added. Cooke was the last to testify on behalf of Yandamuri in his sentencing hearing. After attorneys present closing arguments, jurors will start deliberating whether to sentence Yandamuri to death or to life in prison. Yandamuri was convicted Thursday of 1st-degree murder in the stabbing death of Satayrathi Venna, 61, and the suffocation death of her 10-month-old granddaughter, Saanvi Venna. Prosecutors said Yandamuri, 28, a former information technology worker who immigrated from India on a work visa, plotted to kidnap the child for ransom money to feed his gambling problem and killed the grandmother when she got in his way. Yandamuri represented himself in the trial and maintained his innocence throughout, blaming the deaths on 2 men who he said forced him to help them. After his conviction, Yandamuri told Common Pleas Court Judge Steven T. O'Neill he wanted the death penalty. But, after speaking with his court-appointed attorney, he later agreed to abide by the decision of the jury. (source: Philadelphia News) ************************** When does a murderer get sentenced to death? Pennsylvania is 1 of 32 states which allows for a death sentence. The only crime for which you can be sentenced to death under Pennsylvania state law is 1st degree murder. There are actually only 2 possible punishments for a conviction of 1st degree murder: Life in prison without the possibility of parole, or death. The process involving a death penalty case is unique, handled unlike any other trial in the criminal justice system. In order to be chosen to be on a death penalty jury, a juror must go through a special "voir dire," or jury selection process. This process is designed to ensure fairness, and must include jurors who are open to the possibility of the death penalty. Often, this process is done individually with each juror, rather than with the entire jury panel in 1 room, as is done in other cases. The initial step to begin a death penalty case requires, in addition to a charge of 1st-degree murder, that the Commonwealth provide the defendant with notice of "aggravating circumstances." This notice must be given at or before the time of arraignment, and provides the statutory basis for the Commonwealth's decision to seek the death penalty. The death penalty can be pursued if any of the following circumstances exist: 1. The victim was a law enforcement officer, firefighter, judge, or named government official, and was killed in the performance of his duties or as a result of his position. 2. The defendant paid, was paid, or had hired someone to kill the victim. 3. The victim was held by the defendant for ransom, reward, or used as a shield or hostage. 4. The victim died while the defendant was hijacking an aircraft. 5. The victim was a prosecution witness in a murder or any felony committed by the defendant, and was killed to prevent his testimony. 6. The defendant committed the killing while in perpetration of a felony. 7. While committing the killing, the defendant knowingly created a grave risk of death to someone besides the victim. 8. The killing was committed by torture. 9. The defendant has a significant history of felony convictions involving the use or threat of violence to the person. 10. The defendant has another conviction for which he could have received a life sentence or death, or was serving a life sentence at the time of the offense. 11. The defendant was previously convicted of another murder. 12. The defendant was previously convicted of voluntary manslaughter. 13. The defendant committed the killing while committing a crime of drug trafficking. 14. At the time of the killing the victim was involved with or a competitor to the defendant in the sale of controlled substances, and the killing was a result of that relationship. 15. At the time of the killing, the victim was an informant or was assisting law enforcement, and the killing was in retaliation for the victim's cooperation. 16. The victim was under 12 years old. 17. At the time of the killing the victim was in her 3rd trimester of pregnancy, or the defendant knew the victim was pregnant. 18. At the time of the killing the defendant was subject to a PFA or other order protecting the victim from the defendant After a conviction for 1st degree murder, a defendant has an entirely separate trial to decide his sentence. This trial will be done with the same jury, who will choose between life and death. The jury will consider any aggravating circumstances, noted above. The jury might also consider any of the following mitigating circumstances: 1. The defendant has no significant history of prior criminal convictions. 2. The defendant was under the influence of extreme mental or emotional disturbance. 3. The capacity of the defendant to appreciate the criminality of his conduct and conform his conduct to the law was substantially impaired. 4. The age of the defendant at the time of the killing. 5. The defendant acted under extreme duress or under the substantial domination of another person. 6. The victim was a participant in the defendant's homicidal conduct or consented to the homicidal acts. 7. The defendant's participation in the killing was relatively minor. 8. Any other evidence of mitigation concerning the character and record of the defendant and the circumstances of his offense. To "find" an aggravating circumstance, the jury must unanimously agree that it was proven by the Commonwealth, beyond a reasonable doubt. However, to find a mitigating circumstance, the jury must unanimously agree that it was proven by the defendant by a preponderance of the evidence. The standard to find a mitigating circumstances is therefore much less than to find an aggravating circumstance. The sentence must be death if the jury unanimously finds at least one aggravating circumstance and no mitigating circumstance. The sentence must also be death if the aggravating circumstance(s) outweigh the mitigating circumstance(s). If the jury finds at least 1 aggravating circumstance and at least 1 mitigating circumstance, it must weigh those circumstances and also consider any evidence about the victim and the impact of the murder on the victim's family. In all other cases than those described above, the sentence must be life. If the jury cannot reach a unanimous verdict, the sentence must also be life imprisonment. A sentence of death is given automatic review by the Supreme Court of Pennsylvania. As always...As a Magisterial District Judge, I am strictly prohibited from giving my opinions on cases, and will not be doing so in this column. (source: Judge Jessica Brewbaker; pennlive.com) ********************** Should arbitrary factors mitigate the punishment? On October 2, the day after a Chester County jury convicted Duran Peoples of 1st-degree murder in the contract killing of Coatesville barber shop owner Jonas "Sonny" Suber, the same jury unanimously informed Judge David Bortner that the appropriate sentence would be life without parole, and not death. The jury decided that mitigating factors cited by the defense ... Peoples' upbringing in poor socio-economic circumstances; his self-described "addiction" to the life of a drug dealer; and the circumstantial nature of the prosecution's case ... outweighed the prosecution's plea that the "murder for hire" deserved a sentence of death. In an October 6 editorial, the Daily Local News commended Chester County jurors and prosecutors for their reluctance to impose the death penalty upon convicted murderers. That only 4 defendants convicted of murder in the county are on death row in the editors' opinion demonstrates the district attorney's "wisdom" to withdraw the death penalty when it "serves the interest of justice". Which begs the question: does withdrawing the death penalty in light of mitigating factors serve the interests of justice, or does consideration of mitigating factors promulgate greater injustice by allowing a lucky few to avoid the ultimate punishment for the ultimate crime? In short, why should a few arbitrary factors mitigate the punishment for cold-blooded murder? So what if Peoples was raised in poor socio-economic circumstances? Countless children are bought up in poor socio-economic circumstances but they do not become murderers. Should an accident of birth determine the severity of punishment for a heinous crime? These factors also stigmatize the vast majority of men and women from similar backgrounds who choose to live law abiding lives rather than blaming difficult circumstances for an "addiction" to crime. Consideration of the circumstantial nature of the prosecution's case hints that a murderer need only hire a triggerman to do his dirty work and absent himself from the scene to insulate him from culpability. Even so, the prosecution's so-called "circumstantial" case convinced the jury that Peoples was guilty of 1st degree murder. The kicker is Peoples' self-described "addiction" to the life of a drug dealer. The selfish, self-centered, and violent life to which Peoples was "addicted" should properly be an aggravating circumstance. "Mitigating factors" also create a subtle, constitutionally suspect double standard by arbitrarily holding members of a certain class of people to a higher standard of conduct than members of a favored class. And with fewer "mitigating factors" in their background, it follows that those subject to this stricter standard are more deserving of capital punishment for similar crimes than the Peoples of the world. Where is the justice (or logic) in that? A 1st-degree murder verdict establishes beyond reasonable doubt a defendant's degree of culpability. Once degree is established, it is past time for excuses and justification. Sentencing is the time when justice is done. In capital cases, justice requires that the death penalty apply to all or to none. Gerald K. McOscar -- West Chester (source: Letter to the Editor, Daily Local News) NORTH CAROLINA: Devil-worshipper ate parts of his victims: Satanic murders rock North Carolina as 3 - including tattooed 'cannibal' - are arrested 3 people have been arrested after the skeletal remains of 2 men were found in a backyard of a home owned by Satanists in a North Carolina village. Pazuzu Illah Algarad, 35, was arrested and charged with murder last Sunday after the 2 bodies were discovered in shallow graves at the house in Clemmons where neighbors say he has performed animal sacrifices and satanic rituals. A friend claims that he had 'told everyone' about the bodies, but nobody believed him, and he described how he killed them, ate part of them and then burned the rest in a fire pit. Amber Nicole Burch, 24, who lives with Algarad and is described as his wife on Facebook, was also charged with murder, while 28-year-old Krystal Nicole Matlock has been charged as an accessory with police alleging that she helped bury the bodies. The 1st victim has been identified as 37-year-old Joshua Fredrick Wetzler while the 2nd victim has been named as Tommy Dean Welch, 36. Police have said they also found animal bones in the property and that more arrests as part of the investigation are possible. On the front door of the house where the skeletal remains were found was a sign warning law-enforcement not to enter. It reads: 'No gang members allowed: anyone that dresses the same, has the same badge and call themselves the authority of the land they did not create. Below and to the right is a picture of a skull and cross bones. Under that picture are the words, 'Evil will triumph'. According to the Winston-Salem Journal, Algarad was born in San Francisco, California, as John Lawson, but dropped out of high school, became a drug dealer. His mother Cynthia Lawson, who is also a Satanist, changed his name to Pazuzu - after the devil that possessed the girl in the film The Exorcis - and claimed it was of Iraqi descent. The Camel City Dispatch reported that his friends said he tried to paint a picture of himself serial killer Charles Manson, founder of the Church of Satan Anton LaVay, and British occultist Aleister Crowley. His tongue was split down the middle like a snake and he allegedly filed down his teeth to sharpen them. In 2010, Algarad was convicted on a charge of accessory after the fact in the shooting death of 30-year-old Joseph Chandler. Chandler's body was found near a river by police after his mother reported him missing that morning. According to state records, Algarad was on probation at the time the bodies were found on Sunday. Bianca Heath claimed she lived with Algarad for a month in 2005, and that he had spoken of the bones in his back yard. She told The Huffington Post: 'Paz told everyone. But I never believed him. I'm sure no one else believed him either. He laughed about the skeletal remains when telling the story on why he did what he did.' Heath said Algarad told her he picked up 2 prostitutes at two separate locations before he killed and ate them, burning the remains in a fire pit before burying the rest. In 2011, Burch was accused of slapping Algarad's mother in the face and attempting to choke her. She is described as Algarad's wife on Facebook, but authorities have said there is no legal document to suggest they are together. (source: Daily Mail) From rhalperi at smu.edu Tue Oct 14 14:18:55 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 14 Oct 2014 14:18:55 -0500 Subject: [Deathpenalty] death penalty news----COLO., UTAH, USA, US MIL. Message-ID: Oct. 14 COLORADO: Defense Outreach In Holmes Case Was 'Manipulative,' Victim Says A victim of the Aurora theater massacre said he believes defense lawyers and anti-death penalty groups have tried to use him like a pawn. Marcus Weaver voiced his previous opposition to the death penalty and spoke and wrote about forgiving suspect James Holmes. His stance drew the attention of groups opposed to capital punishment and eventually led to a meeting with a victim's advocate who worked for Holmes' lawyers. That advocate, Tammy Krause, told Weaver she'd encountered difficulty reaching out to other victims. Weaver said he felt puzzled by that. "You're a victim's advocate," he remembers telling Krause. "I'm a DIVO," he says she told him. That's short for Defense-Initiative Victims Outreach, a program that defense attorneys say help victims recover. Weaver, 43, said when he was asked to disseminate a letter to other victims and victims' family to dissuade them from supporting the death penalty in Holmes' case, "that's when it got really fuzzy," he said. "As the conversation ... went on, she was not very clear about who she was, what her role was," Weaver said. That meeting with Krause happened through a series of connections Weaver made with people opposed to capital punishment. He originally became involved 6 months after the shooting when he was contacted by Guideposts Magazine to write a story about his life, how he felt about Holmes and how he forgave him - an act based on abuse Weaver suffered as a child. During the attacks, Weaver was shot in the arm. His friend Rebecca Wingo was killed. James Holmes is accused of killing 12 and wounding 58 in the July 20, 2012, attack at an Aurora cineplex. He faces the death penalty if convicted. Holmes' attorneys have all but conceded his role but claim he was insane at the time of the attack. The prosecution polled victims and victims' family members prior to the Arapahoe County District Attorney's announcement that it would seek the death penalty. Most said they supported a capital case. Before his meeting with Krause, Weaver spoke at a symposium about gun violence, specifically addressing the Aurora shooting and his death penalty views. Representatives from the Colorado anti-capital punishment group told Weaver they were interested in his sharing his story again. "It was't clear at first. I assume they wanted me to tell the story about how I forgive the shooter, how I am involved in a case that has the death penalty," Weaver said. Weaver said that victims have been contacted by groups on both sides of volatile issue - including anti-gun control organizations like the NRA and anti-capital punishment groups like Coloradans for Alternatives to the Death Penalty Foundation. Later came the meeting with Krause. "It made me distrust the Colorado (anti-)death penalty folks, too, because she had arranged a dinner meeting with a person I thought was a possible advocate or a person who wanted to hear my story or wanted me to speak at an event," Weaver said. "But what it turned out to be was something that was manipulative, I felt, in a way." He then called his lawyer, who arranged a meeting with the DA's office and the defense. That was when it was explained to him that Krause worked for the defense team. He's also been approached by prominent anti-death penalty attorney David Lane. "I want to empower the victims in the Holmes case to take a different path than the one given to them by the DA, which is a path of death and destruction," Lane said. The anti-death penalty foundation also introduced him to Bob Autobee, another anti-capital punishment advocate whose son, a prison guard, was murdered by an inmate. That inmate was spared largely because of Autobee's actions. Autobee wrote a letter inviting victims to meet with him, and he wanted Weaver to help him. "I don't feel anybody should be put to death," Autobee said. "My message is, 'Speak out if you're against it because you're going to have to live with your decision for the rest of your life.'" But Weaver declined to distribute the letter. Weaver said the victims seem to be caught between two opposing sides. "There have been some unsavory things that have happened," he said. "It just feels like we have been pitted in the middle." (source: CBS news) UTAH: Could firing squad make a comeback in Utah, elsewhere?----In the wake of botched executions and with lethal injection drugs difficult to find, states around the nation are looking at alternative means of execution. Some, like Wyoming, are looking to Utah and its firing squad. When Ronnie Lee Gardner was executed by firing squad in 2010 at the Utah State Prison in Draper, more than 59 journalists from news outlets from around the globe descended upon Utah to cover the event. Reporters from Japan and Great Britain called it "a Wild West way of dispatching people" and referenced John Wayne movies. But as anti-death penalty pharmaceutical companies in Europe refuse to sell the drugs necessary for lethal injections to prisons in the United States and in the wake of botched lethal injection executions in recent months, the firing squad could be making its return to Utah and other places. "I've had several states actually call (to ask about the firing squad)," Rep. Paul Ray, R-Clearfield, said. "They asked me not to name them because they don't want the media circus on it. But they're in the same boat we are - they can't get the drugs, either." Botched executions involving lethal injections in Arizona, Oklahoma and Ohio earlier this year have led Ray to believe that the method could face constitutional challenges as well. For that reason, he is proposing legislation that would bring back the firing squad as the secondary execution method in Utah, should the primary method, lethal injection, be found unconstitutional or unavailable. "It really won't do anything," Ray said. "It's just the plan B if we need it." A law passed in 2004 eliminated death by firing squad in Utah, but those on death row who requested such a death prior to the new law still have the option. Ray said the legislation he is proposing would restore the firing squad as a possible execution method, but eliminate the inmate choice. "It will be lethal injection, and then, if the drugs are not there, or it is unconstitutional, then it will be firing squad," Ray explained. "There is no option for the inmates." Utah's firing squad comprises 5 riflemen, all certified law enforcement officers, using 30-30 rifles. 4 of the guns are loaded with live ammunition and 1 is loaded with a blank before the officers shoot in unison. Ray acknowledged that part of the reason the method was eliminated was due to the extra attention that surrounded it. But he said there is always going to be interest around executions, especially among international media. The firing squad may heighten that interest, but Ray doesn't balk at it as an execution method. "It is actually the most humane," he said. "The individual is usually dead before they can even hear the gunshot. It's 4 bullets to the heart, so it's not 'How long did it take for him to die? Could he breathe? Did he feel it?'" Wyoming Sen. Bruce Burns, R-Sheridan, decided to propose the firing squad as Wyoming's secondary execution method, because he said it is what he would choose if forced to select to among the alternatives to lethal injection. "It became a matter of personal prejudice and if I was the one that was being executed," Burns said. Wyoming's current backup if lethal injection is unavailable is the gas chamber, which Burns felt was impractical for a number of reasons. For one, the state doesn't have a gas chamber, and building one - and the possible litigation prompted by a decision to build one - would be expensive. "It would cost millions of dollars to build one," Burns said. "And sometimes you have to put your own experience into it and I think the gas chamber would be a horrible way to kill somebody." The firing squad is simply "more efficient," he said. And Wyoming has an example in Utah if it decides to make the firing squad its secondary method. "I do like the way Utah did it," Burns said. "Utah has a very good protocol. If we pass this, I would hope the Wyoming Department of Corrections would look to the protocol that Utah uses." Even before the botched executions, Burns noticed the difficulty getting lethal injection drugs from companies in the European Union. He proposed a bill to implement the firing squad in Wyoming's legislative session this past January. It didn't pass, but officials from the Wyoming Department of Corrections came forward and spoke about the difficulties states around the nation are facing when it comes to obtaining drugs for lethal injections, and the Wyoming Legislature's Judiciary Committee decided to look at the issue. Lawmakers have since decided to sponsor the firing squad bill in the upcoming legislative session in January. Ralph Dellapiana, a public defender and director of Utahns for Alternatives to the Death Penalty, said there are a number of states taking a 2nd look at the death penalty with 6 eliminating the punishment in the past 6 years. He predicted another 6 states, including Colorado and Montana, will also put a stop to capital punishment in the next few years. "People have different reasons," Dellapiana said. "For some people it's immoral, and in other places it's that it's extremely costly and the appeals take forever and the victims want it to be over with." He noted the concerns some have about exonerations of those on death row and the fear of executing the innocent. Couple those with the issues regarding the manner of the executions, and Dellapiana said there's just no reason to continue with the death penalty. "It doesn't matter what your reason is, there are just too many reasons we shouldn't do it," he said. "We should join the civilized world instead of joining the ranks of Iran, Pakistan and China." When Gardner was executed, Dellapiana said he got calls from journalists around the world who were shocked that the death penalty even existed and found the firing squad "all the more horrific." As far as he is concerned, though, the manner in which executions are carried out is largely irrelevant. "I think there's a lot of costs and problems involved in each of them," he said. There are already legal challenges to the death penalty pending that allege the practice amounts to cruel and unusual punishment. Dellapiana said there are also First Amendment issues in states where officials are trying to keep execution details, such as which drugs are being used and where they are coming from, from the public and the media. He believes the challenges will ultimately land in front of the U.S. Supreme Court. And while he doesn't think the nation's high court will eliminate the death penalty altogether, he does think they will order states to submit their methods and policies to public scrutiny and ensure that they meet all due process standards. With life without parole as an option, Dellapiana just doesn't see the point in pursuing the death penalty. "The more people learn about the problems with the death penalty, they'll say: 'Even if I'm not morally opposed to killing people, I have all these other reasons to recognize that it's bad policy and we shouldn't be trying to do it,'" Dellapiana said. "The alternative is faster, cheaper and better for families of victims." Ray acknowledged that the current death penalty process in Utah needs to be "refined." "It takes too long, there are too many appeals in the appeals process and it's too expensive," he said. "That's something we have to take a look at: 'Here is the cost. Can we trim it down?' And if not, if it's worth having. I'm open to that discussion." Burns said the the Wyoming Legislature's Judiciary Committee recently had an extended debate about the death penalty and whether to eliminate it altogether. A proposed bill was even drafted. "It went down and not by a whole lot," Burns said, before adding that he likes where Wyoming stands now with just 1 man on death row. "We have 22 people in prison for life without parole, and any one of those 22 could have been a capital case. We haven't executed anyone since 1992, so we use it infrequently." Still, he believes the death penalty is an important tool in the criminal justice system to be used as needed. "I'm not a fan of using it more, but I would like to have it there in reserve for those crimes that are so horrible and so heinous that the person doesn't even deserve life without parole," Burns said. (source: Deseret News) USA: Pictures at an execution: The condemned in art A new exhibition aims to humanise condemned prisoners. From the sword to the electric chair, the death penalty has inspired challenging art, writes Jason Farago. One man, before dying, said, "I hope you find it in your heart to forgive me." Another said, "I'm going to a beautiful place." A 3rd: "I am innocent, innocent, innocent." Those were their last words before an executioner took their lives. And for Amy Elkins, a young artist based in Los Angeles, those testaments offered a means to humanise the grim statistics of the death penalty in the United States. Her photography series - which was awarded this year's Aperture Portfolio Prize and goes on view in New York next month - overlays the mugshots of the condemned with text of their final words, coursing down the image like the current of a river. Another series features letters Elkins exchanged with death row prisoners, including several in solitary confinement, interspersed with photographs the artist took in an effort to simulate their thoughts. A seascape, a forest, an expanse of concrete: these images, mundane in other circumstances, become through Elkins the inner worlds of men whom the state will destroy. "People write of capital punishment as if they were whispering," argued Albert Camus, the most implacable of death-penalty opponents, in his 1957 Reflections on the Guillotine. To an extent, we still do. This year several US states, facing a shortage of drugs for lethal injections thanks to a European moratorium, resorted to untested and unreliable combinations that resulted in severe pain and, in one case, a failed execution. Though campaigners condemned the executions as barbaric and inhumane, and though support for capital punishment has declined in the United States, these botched lethal injections spurred little public discussion. Today, although the death penalty is illegal in all but 22 countries, we still write about it in a whisper, preferring not to see the consequences of society's ultimate sentence. Can art speak more loudly? It certainly has throughout art history; perhaps it can again. A brutal history Western art history bulges with depictions of martyred saints and slaughtered innocents, but capital punishment is something more precise. It refers not just to a death, but to a legal death. There is no death penalty in a state of nature; only society, and the laws that govern it, can turn murder into alleged justice. Capital punishment exists at a paradoxical junction point of civilisation and barbarism. It is "the most premeditated of murders", in Camus's phrase, in which the force of law is used to justify something otherwise unjustifiable. 2 archetypal executions hover over the Western world's artistic depictions of the death penalty. The first is that of Sophocles' Antigone. Sentenced to death for giving her condemned brother's corpse an honourable burial, Antigone is sealed in a cave but hangs herself to ensure an honourable death. (Though now held up as a great anti-death penalty play, it was nothing of the sort in 441 BC; performances of Greek drama would be preceded by parades of captured war orphans and dead soldiers' armour.) The 2nd, of course, is that of Jesus Christ. The crucifixion may mark Christ's passage from humanity to divinity, but it was also a simple application of Roman law; Jesus, after all, was crucified alongside 2 thieves. Andrea Mantegna's blunt and forceful Crucifixion of 1456-59, in the collection of the Louvre, captures the dual divine and legal nature of Christ's execution. He and the 2 thieves are splayed on the crosses, sinews bulging, and beneath them are not only Mary and John, but also ordinary soldiers gambling with dice. In Europe during the Middle Ages and early Renaissance, capital punishment was not hidden away in execution chambers. It was a public spectacle, advertised to city-dwellers and featuring carefully stage-managed processions. Gruesome capital punishment, as well as depictions of it in art, had a dual purpose. It not only enforced civic order; it also served to encourage piety and warn against eternal damnation. In a time when kings ruled by divine right, every application of the death penalty was a miniature preview of the Last Judgment. The most honourable means of death was decapitation, as shown in the magnificent Allegory of Good Government, painted in 1339 by the Sienese artist Ambrogio Lorenzetti - wherein Justice sits with a sword in her right hand and a severed head on her knee. Hanging was a less honourable penalty, and beneath that was being broken on the wheel, a horrible punishment that numerous anatomy-curious Renaissance painters would have witnessed. Religious crimes were often punished via burning at the stake; in Francesco Rizi's 1683 painting at the Prado, Madrid's Plaza Mayor is filled with thousands of spectators waiting to see the condemned go up in flames. In fact, art itself often played a role in the death penalty. In Italy, a comforter would follow the condemned carrying a tavoletta, or a painted panel of the Passion or the crucifixion, to gaze on in his last moments. In protest By the 18th Century, capital punishment was still a public spectacle. William Hogarth satirised London's taste for executions, which took place on public holidays, in his sharp engraving of a lazy apprentice being carted to Tyburn, alongside drunks, hawkers, fighting children and yapping dogs. (On the frame of the image Hogarth included 2 gibbeted skeletons: a bonus punishment, in which the bodies of the executed were hung on public display.) But in France the more gruesome forms of capital punishment were being phased out, and the country soon instituted a single, putatively egalitarian mode of execution: the guillotine. Jacques-Louis David, who in The Death of Socrates depicted the Greek philosopher's jury-ordered suicide, also sketched Marie Antoinette on her way to the "national razor", her face stony, her hands bound behind her. Indeed, David is almost certainly the only artist ever to apply the death penalty. For he was not just a painter; he was a revolutionary and a member of the National Convention, allied with Robespierre. Like most Jacobins, David cast his ballot for the death of Louis XVI in 1792 - and after Thermidor he was lucky to avoid the guillotine himself, ending up in prison in the wake of Robespierre's fall. In the modern era the death penalty has moved indoors. Executions were no longer visible, and so the instruments of execution - the noose, the injection table and especially the electric chair - have become synonymous with the condemned. Andy Warhol, too often misunderstood as an apolitical artist, in fact produced some of the most sinister art of America's hot 1960s, and alongside his race riots and car crashes he produced multiple paintings of electric chairs, impassive in deserted death chambers, silkscreened in serial, stomach-turning repetition. The repeated electric chairs testify both to the abundance of executions as well as the numbing effect of media representations of violence, including state violence. The only sign of life in Warhol's electric chair paintings is a printed sign on the wall, reading, over and over, "SILENCE". Warhol kept mum on his individual political beliefs, preferring to let his art do the talking. But several contemporary artists have taken much more vocal stances. In her commanding photographic series The Innocents, Taryn Simon shot exonerated prisoners freed from death row, but with a harrowing twist: the photos are taken at the sites of the crimes for which they were falsely convicted. But the most powerful contemporary art to understand the true nature of the death penalty may come from Japan, where capital punishment is still legal. In Tokyo last month, an exhibition took place of drawings and paintings created by 34 Japanese on death row. One of the condemned painted a classical landscape. Another drew a nude figure alone in a cell, clawing at the brick walls. As to what the artists may have felt when they made these serene or harrowing images, we may never know. By the time the show opened, 6 had already been executed. (source: BBC) ******************** Washington Iranians protest executions under Hassan Rouhani On the occasion of the World Day Against Death Penalty, a group of Iranians in Washington gathered outside White House on Saturday to protest the increasing number of executions in their country. They carried large signs reading "Stop Executions in Iran", "No to Rouhani," the president of the clerical regime. Similar protests were held in a number of major European cities and North America. (source: NCR-Iran) ****************************** Cop-killer Ronell Wilson's death sentence should stand; no evidence of mental incapacity, say prosecutors A federal judge correctly determined Ronell Wilson was not intellectually incapacitated when he slayed 2 undercover detectives 11 years ago and is therefore eligible for the death penalty, contend prosecutors. "After a thorough and analytically sound consideration of Wilson's IQ scores, the corresponding SEMs (standard error of measurement) and several other factors, the court properly concluded that Wilson was not intellectually disabled," wrote Assistant U.S. attorneys James G. McGovern and Celia A. Cohen in a brief filed Friday in Brooklyn federal court. Wilson, 32, was sentenced to death last year in a penalty-phase retrial after District Judge Nicholas G. Garaufis previously ruled the former Stapleton gang member was not mentally incapacitated. He remains on death row in a federal prison in Terre Haute, Indiana. In a last-ditch bid to save Wilson's life, his lawyers last month had asked Garaufis to reevaluate his ruling and hold additional hearings regarding Wilson's mental competency. Wilson's attorneys maintained Garaufis relied too heavily on IQ scores and failed to consider other factors, such as adaptive functioning evidence, in his finding. Attorneys David Stern and Michael Burt had contended Wilson was mentally impaired as evidenced by his low IQ and severe emotional and behavioral problems while growing up. In a landmark 2002 ruling, the U.S. Supreme Court found that executing the mentally retarded violates the Eighth Amendment's ban on cruel and unusual punishments. Such persons typically have an IQ below 70. In June, a federal appeals court ordered Garaufis to reconsider his decision on Wilson's intellectual capacity in light of a recent Supreme Court decision. The country's highest court found that Florida had adopted a too-rigid cutoff for IQ test results in deciding who could be spared the death penalty due to intellectual disabilities. The defendant was convicted of murdering Detectives Rodney J. Andrews, 34, and Detective James V. Nemorin, 36, during an undercover gun buy-and-bust operation in Tompkinsville on March 10, 2003. In a July hearing after the ruling by the U.S. Court of Appeals for the Second Circuit, Garaufis said he would consider what steps, if any, should be taken once Wilson's lawyers and prosecutors had submitted their briefs. In the Florida case, Hall v. Florida, the Supreme Court ruled 5 to 4 that some states draw a too-rigid line on IQ-test results. Such a standard doesn't account for the margin of error that professionals say is inherent in IQ tests, the court said. In his ruling last year, Garaufis said the evidence belied Wilson's claims of mental incapacity. The judge said he relied on clinical standards that define mental retardation as significantly subaverage intellectual functioning and significant deficits in adaptive behavior skills, such as communication, self-care and self-direction. Those conditions must manifest themselves before the age of 18, and Wilson also had to be found mentally deficient at the time of the crime, said Garaufis. He said 7 of the 8 IQ tests Wilson took at various times between the ages of 6 and 30 "point(ed) away from mental retardation," as did the opinions of all his test administrators. While Wilson's score on an IQ test in 1994 was "indicative" of mental retardation, the judge viewed that result as an "outlier." Garaufis also noted that a defense psychologist "rule(d) out the likelihood of mental retardation" in his October 2003 evaluation of Wilson, 7 months after the murders. Wilson's attorneys maintain Garaufis didn't consider whether evidence of the defendant's deficits in adaptive functioning indicated intellectual impairment. Since the time of Garaufis ruling, the American Psychiatric Association has revised its definition of intellectual disability and its diagnostic criteria, contend Wilson's attorneys. Prosecutors maintain Garaufis correctly weighed a variety of factors, including the margin of error in the tests and the possibility the results could have been inflated by Wilson' repeated taking of the tests, even across an extended period of time. "In sum, there is no credible evidence in the record that Wilson has deficits in adaptive functioning that are specifically caused by intellectual disability, even if his IQ scores implicated potential significant subaverage intelligence, which, they do not," wrote prosecutors. The case is being handled by the office of Loretta E. Lynch, U.S. attorney for the Eastern District of New York. (source: Staten Island Advance) US MILITARY: Robins airman to face death penalty in killing of woman, unborn child A senior airman at Robins Air Force Base accused of killing his fiancee and their unborn child for $1 million in insurance money is now facing the death penalty. Charges against Charles "Charlie" Amos Wilson III were sent to a general court martial as a capital referral, according to a base news release Tuesday. "That means that, if the accused is convicted of premeditated murder, a death sentence would be a potential punishment that the members would consider," the release stated. Lt. Gen. Bruce Litchfield, the general court martial convening authority, made the referral Thursday. Wilson was arrested Aug. 31, 2013, on charges of murder and feticide after an investigation by the GBI and Terrell County Sheriff's Office into the shooting death of 30-year-old Tameda Ferguson. The body of Ferguson, who was 8 1/2 months pregnant, was found in her Dawson home on the early morning of Aug. 29, 2013. The case was turned over to the U.S. Air Force at its request. At the time of a May 6 military Article 32 hearing, Wilson was facing a multitude of military charges, including premeditated murder, death of an unborn child and obstruction of justice. Wilson's attorney at the Article 32 hearing said Wilson is expected to plead not guilty. A new military attorney is expected to be appointed now that it is a capital case. Arraignment is scheduled for Oct. 22 at the Naval Consolidated Brig in Charleston, South Carolina. A trial date has not been set, but Col. Vance H. Spath, the chief trial judge of the Air Force, has been assigned to the case as the military judge. Wilson is a senior airman in the 461st Aircraft Maintenance Squadron. (source: Macon Telelgraph) ************************** Ft. Hood Murderer's Attorney: "I Don't Know Where They Come Up With Workplace Violence" Ft. Hood murderer Nidal Hasan recently sent a 6 page letter to Pope Francis about waging Jihad, further clarifying Hasan's murder of 13 people and the shooting of 30 others in 2009 was Islamic terrorism, not work place violence as the politically correct Obama administration has said and argued. Last night on The Kelly File Hassan's current attorney, John Galligan, said he doesn't understand where the classification of "workplace violence" comes from in this case. "I don't know where they come up with the term 'work place violence.' I've been in the Army 30 years, I've been in the practice of law for almost 35 years, work place violence was not the crime for which he was charged, it is not a punishable offense under the UCMJ and it's certainly not an aggravating factor that would warrant the death penalty. Nidal Hasan was charged with mass murder," Galligan said, adding the government had the option to charge him with terrorism and didn't. Galligan also argued it is inconsistent for the Army to pursue the death penalty while attempting to cover the incident with a work place violence label. Although Hasan has been sentenced to death, Galligan doesn't believe his sentence will be carried out. (source: townhall.com) From rhalperi at smu.edu Tue Oct 14 14:21:02 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 14 Oct 2014 14:21:02 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 14 LEBANON: Lebanon charges former Arsal negotiator with belonging to Nusra A military judge Tuesday charged a former negotiator in Lebanon's hostage crisis with belonging to the Nusra Front, seeking the death penalty against Arsal's Sheikh Mustafa Hujeiri. The charges, filed by Military Investigative Judge Fadi Sawwan, against Hujeiri include forming a terrorist ring with the aim of undermining the authority of the state and giving speeches calling for jihad against the Lebanese Army. Hujeiri was also accused of turning Arsal's infirmaries into places for harboring terrorists. Sawwan referred the case to the military court to conduct a trial in absentia. Hujeiri had been negotiating with Islamist militants holding at least 27 Lebanese soldiers and policemen hostage. ISIS and the Nusra Front have been holding the servicemen captive since early August when the jihadists briefly took over the border town of Arsal. Hujeiri was credited with facilitating a visit by one of the captive's families early in the kidnapping crisis. Last month, however, Hujeiri announced he was suspending his efforts after the Committee of Muslim Scholars said it was halting similar efforts for better negotiation conditions and to open doors for foreign mediation. One of the captors' key demands is reportedly to swap the hostages with Islamist inmates at Roumieh Prison. (source: The Daily Star) AFGHANISTAN: Afghanistan to review cases of 400 convicts sentenced to death The Presidential Palace officials have said the government will review the cases of 400 convicts sentenced to death by the courts of the country. The officials have further added that majority of the cases are pending signature of President Ashraf Ghani Ahmadzai, however, they insisted that the government will seek alternatives for the convicts who are waiting for death penalty. President Ghani's legal advisor, Abdul Ali Mohammadi has told The Radio Free Europe (RFE) that the execution of over 400 convicts is a major issue for the government of Afghanistan. Mohammadi further added that President Ghani is committed to ensure justice and his recent visit to Pul-e-Charkhi prison is an example of his commitment to maintain justice in the country. According to reports, around 100 cases have been approved by the Supreme Court of Afghanistan and is pending the signing of the president, while over 300 others have not been approved by the Supreme Court. This comes as at least 6 people, including a notorious Mafia leader were recently executed in Kabul after their execution was approved by former President Hamid Karzai and Kabul courts. The review of prisoners cases was recently instructed by President Ghani and around 7,300 cases have been forwarded to the presidential palace by the Attorney General Office of Afghanistan. (source: Khaama Press) ******************* UN, Human Rights Groups Criticize Afghanistan for Executing Gang of Rapists Amnesty International accused Afghanistan last week of "treating rape in a flawed way" in its trial and execution of a gang of 5 men in a case that stoked national outrage. In late August, a group of men stopped a family convoy of 4 cars at night on Qargha-Paghman road, returning from a wedding in Paghman district. They beat the men and kidnapped 4 women, whom they repeatedly raped. Both male and female protesters in Kabul cried out for the death penalty, hoping that handing down the ultimate sentence would discourage other criminals from committing such heinous acts. Last Wednesday, 5 men were hanged. 2 other assailants received 20 years in prison, and 3 suspects are at large; Kabul police said 1 fled the country. The women took the stand to testify against their attackers in a televised trial that gripped the nation. President Hamid Karzai signed the death warrants of the convicted men before leaving office, and new President Ashraf Ghani let the death warrant stand. Human-rights groups and the United Nations jumped on Afghanistan. David Griffiths, Amnesty International's Asia-Pacific deputy director, said in a statement that there's "no question that this was an appalling crime and the outcry and anger this case has caused is of course understandable." "But the death penalty is not justice - it only amounts to short-term revenge," Griffiths said. "The death penalty is an abhorrent form of punishment and should never be used under any circumstances. The many fair trial concerns in this case only make these executions more unjust. It's deeply disappointing that new President Ashraf Ghani has allowed the executions to go ahead." The men were charged under zina - the Islamic law against unlawful sexual intercourse, often applied to adultery. They were also convicted of robbery. "President Ghani was placed in an unenviable position by the actions of his predecessor in this case, but regrettably failed his 1st test on upholding human rights and the rule of law," Griffiths said. "These deaths cannot be undone now, but President Ghani must order an immediate moratorium on all executions as a 1st step towards total abolition or the death penalty." At the UN, High Commissioner for Human Rights Zeid Ra'ad Zeid Al Hussein wrote to Ghani to ask him to cancel the executions. The UN press release said Ghani was asked "to commute the death sentences to a suitable term of imprisonment" for the "5 Afghans accused of armed robbery and gang rape." Human Rights Watch Deputy Asia Director Phelim Kine said the "horrendous due process violations in the Paghman trial have only worsened the injustices of this terrible crime." Kine called the executions "a grave miscarriage of justice." This week, Afghanistan is back to the business of building a state, with Chief Executive Abdullah Abdullah calling his 1st meeting of economic ministers today. "The issue of the economy is important to the people of the nation - after security," Abdullah said, according to Tolo News. (source: Bridget Johnson is a veteran journalist whose news articles and opinion columns have run in dozens of news outlets across the globe----pjmedia.com) UNITED NATIONS/PAPUA NEW GUINEA: PNG-UN links not coloured by death penalty disagreement The United Nations says differences of opinion over whether or not Papua New Guinea should implement the death penalty do not colour relations. The world body issued a press release on Friday saying that there is no evidence that introducing the death penalty will act as a deterrent - a position it has repeated many times since the reactivation of capital punishment for serious crimes was first mooted. PNG is currently working out what method of execution to use. (source: Radio Australia) SAUDI ARABIA: 3 get death on terror charges 3 terror suspects, including 2 foreigners, have been sentenced on Monday to death for their role in various terror acts. The Special Criminal Court in Riyadh awarded death penalty to a Saudi, a Chadian and an Egyptian, in addition to prison terms ranging from nine to 33 years to 19 suspects. The court slapped fines on some of the convicts and travel ban or deportation for some others. The convicts who were awarded jail terms included four Chad nationals and one each from Yemen, Nigeria and Palestine. The convicts can appeal the verdict within 30 days, the Saudi Press Agency reported. The charges against the convicts, who were part of a 88-member terror cell, included firing at security officials during a security operation at an apartment in Khalidiyah Makkah, plotting to kidnap and assassinate prominent figures, receiving training from Al-Qaeda camps on using weapons and explosives, planning to carry out terror attacks in the Kingdom, embracing a takfiri ideology, joining terror cell, and going to conflict zones to take part in fighting. (source: Saudi Gazette) JAMAICA: Jamaica should do away with the death penalty Friday, October 10, 2014 was marked as the World Day Against the Death Penalty and, as Roman Catholic archbishop of Kingston, I want to use this occasion to appeal to all the people of faith in Jamaica and, in particular, to our Government to reconsider the country's position on capital punishment and begin the steps necessary for its abolition. I am glad the Jamaican state has effectively continued a moratorium on the use of the death penalty. I am especially pleased that this has occurred alongside a reduction in our murder rate. However, the specter of possible future use of the death penalty hangs over our heads. Therefore, I invite all Christians and persons of goodwill to consider working for the abolition of the death penalty once and for all. I think its removal should accompany a comprehensive reform of the justice system aimed at more effective prevention and greater communal healing. Lethal violence shocks and ruptures the fabric of families and communities. I am horrified when I hear the news of brutal murders of young men and women cut down in their prime. I am deeply disturbed by the accounts of the elderly struck down in their homes. These acts rip through the heart and cry to God for action. Where is our respect for the sacredness of all human life? These acts force me to search my conscience and ask: Where have we gone wrong as a people? I know in my heart that these brutal crimes must receive swift and decisive responses that restore order and begin to make us feel safe again. And, I also know in my conscience that our decisive response must not reproduce this disrespect for the sacredness of every human life. I hope that our Christian values, like yeast, have served as leaven for our Jamaican society so that we respond, not in kind, but in a way that helps prevent further violence and brings healing. The death penalty was for a world with no other options for dealing with these monstrous crimes. I know that today's world has other proven options for better controlling murder. As a Christian, knowing these viable alternatives to capital punishment exist, I cannot in conscience continue supporting capital punishment. I ask: Can we as Christians, knowing that non-lethal alternatives exist, support the death penalty while remaining Christian? I think the honest answer is "No". I know that the Church does not tell the State what to do. Yet, the State should still listen to what the Church has to say. Therefore, I ask all Christians and persons of goodwill to consider the implications of these 2 realities: the utter sacredness of all human life; and the very real existence of alternatives to capital punishment. In consideration of these 2 realities, I ask all Christians and people of goodwill to listen to their consciences and support the abolition of the death penalty. And, I ask the Jamaican Government to take our Christian values seriously, and do what is right - end capital punishment once and for all, reforming the justice system, working to reduce corruption and political polarisation, and concentrating on the provision of increased economic opportunities for the poor for better prevention of violence, and greater communal healing. (source: Commentary; The Most Rev Charles Henry Dufour, SJ, DD, is the Roman Catholic Archbishop of Kingston----The Jamaica Observer) BAHAMAS: 'No Foul Play' Over Prisoner's Death No foul play is suspected in the death of convicted murderer Forrester Bowe, according to police sources close to the matter. On Friday, authorities confirmed that Bowe, who took part in a notorious escape in 2006 that resulted in the death of a prison officer, was found dead in his prison cell around 7am. Police have declined to provide details of the circumstances surrounding Bowe's death only saying that the matter has been turned over to the coroner for investigation. The Tribune understands the coroner has instructed the Royal Bahamas Police Force to conduct a formal investigation in the prison ahead of an inquest. Sources close to the matter say preliminary investigations reveal that Bowe is suspected to have died from a "heart related matter." "There were no injuries or anything on the body to suggest that something was done to him," a well-placed police source said. "At this point there is no reason to suggest foul play, it is believed that he died of a heart attack or some sort of heart related matter." Bowe, 37, staged an escape from the maximum security wing with convicted rapist Barry Parcoi, convicted murderer Neil Brown and convicted armed robber Corey Hepburn around 4am on January 17, 2006. Brown was shot dead during attempts to recapture him. The men were found by the coroner in May 2006 to be jointly responsible for the killing of the 13-year prison veteran Corporal Dion Bowles during their breakout. The infamous escape prompted examinations into Her Majesty's Prison and shone a light on the inner workings of the country's correctional services unit. Their trial is slated to begin on November 20, 2015. In addition to killing Mr Bowles, they injured officers Kenneth Sweeting and David Armbrister. Bowe and Parcoi were injured during the incident as well, but they were quickly captured by authorities. Hepburn, on the other hand, escaped and led police on a 2-week hunt before he was recaptured in an apartment building in Coral Harbour. As for the incident that sent him to prison initially, Bowe was convicted of killing 20-year-old Dion Patrick Roach in Grand Bahama when the Freeport Supreme Court determined that he had shot Mr Roach at an apartment complex on October 23, 1992. He was sentenced to death in 1998 and his attempts at appealing his conviction were dismissed by the Court of Appeal and the Privy Council. "However, he won a landmark case when he challenged the court's mandatory death penalty for convicted murderers in 2002 after the Privy Council determined that automatic capital punishment for murders was a breach of international human rights. He was eventually re-sentenced to spend the rest of his life in prison. Lawyer Keod Smith, who represented Bowe during proceedings into Mr Bowles' killing, expressed sadness and shock at the news of Bowe's death yesterday, saying that the convicted killer always proclaimed his innocence and looked forward to being with his family. (source: Tribune 242) PAKISTAN: Blasphemy Case Against 55 Pakistani Christians Discharged Charges against 55 Pakistani Christians who were falsely accused of blasphemy have been dropped after a written compromise was agreed between the Muslim accuser and the believers involved. The accusation of blasphemy was made against a group of Christians in a small village in Tehsil Samandri district, Faisalabad, on 3 September following a dispute with a gang of Muslims over the use of land for a graveyard. 13 Christians, including a 12-year old boy, were arrested; they have now been released. The Christians were originally charged under section 295-C of the Pakistan Penal Code, which refers to defiling the name of Muhammad and carries the death penalty. Remarkably, following the intervention of Barnabas-funded Christian lawyers, this charge was later overturned in a rare move by police. The accused Christians were instead charged with violating a place of worship or cemetery (section 297 of the Pakistan Penal Code), which does not carry the death penalty. On 30 September, Barnabas Aid received confirmation that this charge has now also been dropped after a written compromise was reached between Muhammad Iqbal, who made the accusation, and the Christians. The dispute took place after the Christians had acquired verbal permission from a sympathetic Muslim landowner to convert a disused Muslim graveyard into a Christian cemetery. On 3 September, Christians began preparing the land for burying their own dead. This upset local Muslims, who attacked the Christians. Although the Christians apologised and said that they would not use the land, the blasphemy case was then registered against them. When the 13 Christians were subsequently arrested, police raided their homes, breaking down the gates and even threatening the believers with death. Many of the remaining Christian families fled their homes after Muslims threatened to set fire to their houses. The Christians needed to acquire Muslim-owned land to bury their dead because there is a shortage of Christian burial land in the village. The area is home to more than 350 Christian families whereas Muslim families number over 1,000, are generally richer and own more land. Pakistan's "blasphemy laws" are frequently misused to settle personal scores. Christians and other religious minorities are particularly vulnerable to these accusations; a Christian's testimony in court is worth only 1/2 that of a Muslim. Those accused of blasphemy are extremely vulnerable to being attacked. (source: Crossmap.com) INDIA: SC stays death in kids murder case The double death penalty of R Manoharan, who was found guilty of rape, murder, kidnap of siblings - Muskan Jain and Hrithik Jain in October 2010 - was stayed by the Supreme Court on Monday. The 1st bench of the apex court, headed by Chief Justice H L Dattu, granted interim stay of Madras high court order, and issued notices to the state government to file reply in the case. On October 29, 2010 the state was shocked to learn that the two children had been kidnapped by 2 people Mohanakrishnan, 27, and Manoharan, 26, in Coimbatore. The bodies of the children were recovered only the next day. Mohana Krishnan was killed in a police encounter on November 9, 2010, whereas Manoharan faced the trial in the Mahila Court in Coimbatore in November 2012. He was given double death sentence and three life terms, after the court found him guilty of the offences alleged against him. After Madras high court confirmed the death sentence for Manoharan in March this year, his counsel A Raghunathan and P Vinaykumar approached the Supreme Court. To convict him, Mahila court judge M P Subramanian examined 47 witnesses and verified 69 documentary evidences. He concluded that capital punishment was unavoidable and that it would send a strong warning to those who commit crimes against women and children. The culprit deserves no mercy and he must be hanged till death, he observed. According to the police, Muskan Jain, 10 and her brother Hrithik Jain, 7, children of a textile merchant in Coimbatore, were abducted by a call taxi driver Mohan alias Raja alias Mohanakrishnan on October 29, 2010. The girl was raped and the boy tortured before they were drowned at the PAP canal near Pollachi the same day. The murder came to light only on October 31 and police arrested both Mohanakrishnan and his accomplice, Manoharan of Angalakurichi near Pollachi from their house. Mohanakrishnan, 27, was shot by the police on November 9, 2010 when he tried to escape from police vehicle after assaulting his escorts. (source: The Times of India) CHINA: 12 face execution for deadly July attacks in China's restive west 12 people have been sentenced to death for organizing attacks that left dozens of people dead in the restive western Chinese province of Xinjiang earlier this year. The incident - described by authorities as an "organized and premeditated" terror attack - occurred in the region's Shache County on July 28, when a gang wielding knives and axes attacked civilians, a police station, government offices and smashed vehicles. Police returned fire and shot dozens of the attackers, state media reported at the time. State media has reported a wave of violent attacks in Xinjiang in recent months. 29 people were killed and 130 injured when men armed with long knives stormed a train station in Kunming in March. The next month, an attack on a train station in Urumqi, Xinjiang's capital, left three dead, including the attackers, and an attack on an Urumqi market in May killed at least 39 people. Ethnic tensions The province has seen longstanding tensions between its Uyghur Muslim population, a Turkic people, and the local Han population - China's biggest ethnic group. Some Uyghurs have expressed resentment toward China's Han in recent years over what they say is harsh treatment from Chinese security forces and Han people taking the lion's share of economic opportunities in Xinjiang - a charge China's central government denies. Monday's hearing at the court in Kashgar, western Xinjiang, also saw 15 others handed the death penalty, but suspended for 2 years, according to the official news portal of the government of northwest China's Xinjiang Uygur Autonomous Region, and quoted by the state-run Xinhua news agency. 9 people were jailed for life, while another 20 defendants got 4 to 20 years behind bars. An additional 2 defendants were released on probation. (source: CNN) SOMALIA: Puntland Military court sentences a man to death for plotting landmine Puntland Military court has on Monday sentenced to death a man who was found of guilty for plotting a landmine. 6 defendants including 1 woman were brought to trial in the court???s branch in port town of Bosaso. They were all accused of being involved in crime. According to the court officials, Ismael Abdulqadir was caught by the Puntland forces while he was plotting a landmine in a strategic neighbourhood located in the central town of Bosaso. Another was sentenced to a 5-year jail term after he was captured while also plotting an improvised explosive device (IED) in an area close to the Galgala mountain ranges, where Puntland forces have been fighting against al-Shabaab militants. 3 others were released by the court to lack of enough evidence. Puntland Military court has carried out capital punishments on members linked to al-Shabaab militant group. Last week, EU envoy to Somalia condemned the use of death penalty in Somalia, urging authorities to place a moratorium on death penalty. (source: mareeg.com) From rhalperi at smu.edu Wed Oct 15 14:06:56 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 15 Oct 2014 14:06:56 -0500 Subject: [Deathpenalty] death penalty news----ALA., OHIO, MO., OKLA., ARIZ., CALIF., USA Message-ID: Oct. 15 ALABAMA: Hunger of 'bloodthirsty beast' clouds executions We in America grieve with the families of those victims who were beheaded by ruthless jihadists of the Islamist State. Although President Obama and Congress have sparred over a plethora of issues in the past, they both agree that the war must be taken to the terrorists now to diminish the risk of facing the enemy at home on a large scale. The barbarism exhibited by militants in Syria and Iraq is receiving worldwide condemnation. It is probably not the most opportune time to bring it up; however, the gruesome carnage of the innocent civilians in the Middle East pricks my conscience and compels me to consider atrocities that occur all too frequently in our own country. In 1992, I was employed as a division chief with the Alabama Department of Economic and Community Affairs, working at the pleasure of Gov. Guy Hunt. Although I served on the State Democratic Executive Committee and was chairman of the Dallas County Democratic Conference at the time of my initial employ during the Hunt administration, the fact that we were both preachers gave us a mutual respect that transcended politics. It was during this time that a retarded man, Cornelius Singleton, was scheduled to be executed for the murder of a Catholic nun, Sister Ann Hogan, while she prayed in a cemetery in Mobile. After exhausting all of Singleton's judicial appeals, his lawyers sought clemency from the governor. Even the other nuns who served with Sister Hogan sought to have Singleton's life spared. State law precluded Gov. Hunt from seeking re-election, therefore I was certain that he would spare Singleton's life. He didn't. My heart was broken. To spare Singleton's life would have spoiled Hunt's legacy. Hunt understood the insatiable hunger for ultimate revenge when an innocent life was taken. Singleton had committed the murder and no extenuating circumstances, like diminished mental capacity, were going to get in the way of our corporate vengeance. According to the Innocence Project data, 113 prisoners who were on death row have been exonerated of murders that they were accused of committing since 1973. Some of their convictions were the results of over-zealous prosecutors who were positioning themselves for some public office, coerced confessions, fallacious eyewitness identifications, and in a few cases a societal mentality that somebody had to pay. Some of these prisoners spent decades on death row prior to their exoneration. It hurts to think how many innocent people have been executed in this country because angels of mercy had not pulled their files for examination. A civilized society must be willing to punish those criminals who do harm to its members. During the enforcement of laws designed to protect the public, mistakes are sometimes made. However, when it comes to the ultimate penalty of death, a society cannot once be wrong. No pardon, apology or monetary compensation to significant others can bring back to life a person who has been wrongly executed. It doesn't matter if he/she dies by the electric chair, a combination of drugs, a firing squad, guillotine, or some other crude method, the person is dead and his family mourns the loss that can never be regained. America must be willing to go after the bad guys over there. I dare say that we need to do a little soul-searching and battle the bloodthirsty beast within our own spirit. (source: Opinion; Joseph Rembert is pastor of New Beginnings Christian Center in Montgomery----Montgomery Advertiser) ********************* DeBlase capital murder trial begins Nearly 4 years after John DeBlase was arrested for killing his 2 children, his capital murder trial has begun in Mobile County. According to Mobile County District Attorney Ashley Rich, DeBlase withdrew his initial plea of not guilty because of insanity and is now pleading not guilty. DeBlase and his common law wife Heather Keaton are accused of gagging, starving and poisoning his 2 children, 5-year-old Natalie and 3-year-old Jonathan Chase in 2010. DeBlase waived his right to be in the court room Tuesday, October 14 when potential jurors went before Circuit Court Judge Rick Stout. 278 people showed up for jury selection and 1 by 1, they went before the prosecution, defense and the judge. "The reason it takes so long is because they have to do it individually and they do that so that 1 person's opinion doesn't sway another persons," said Gordon Armstrong with Armstrong & Associates. Each potential juror is required to fill out a 15 page questionnaire which asks about employment, education, military service and belief in the death penalty. "The Supreme Court has said death is different so when death is the possible punishment, then the courts treat the jury selection process much differently and it's so important your jury is unbiased and fair and willing to listen," Armstrong said. Some potential jurors were excused from serving this time around while others will continue in the jury selection process. District Attorney Ashley Rich said she expects opening statements to begin in middle of next week. Rich and Assistant District Attorney Jennifer Wright are prosecuting the case. Attorneys Art Powell and Glenn Davidson are serving as the defense. (source: WALA news) OHIO: Prosecutors consider death-penalty charges against man accused of killing Michaela Diemer Cuyahoga County prosecutors are considering whether to bring the death penalty against a convicted rapist accused of killing a woman in a vacant West Side home. Ronald Hillman, 46, of Cleveland pleaded not guilty Wednesday to aggravated murder in the slaying of Michaela Diemer, who was killed in August. He was indicted earlier this month on charges of rape, kidnapping, robbery and abuse of a corpse. Brent Kirvel, an assistant county prosecutor, told Common Pleas Judge John O'Donnell that an internal committee of the prosecutor's office will determine whether to file death-penalty charges. The panel is expected to study the issue next month. Kirvel told the judge that prosecutors have a great deal of evidence against Hillman, including statements he made to authorities. Hillman's attorney, Valerie Arbie-McClelland, described the case as complex. She declined to comment. Arbie-McClelland and veteran defense attorney Thomas Shaughnessy represent Hillman. If the case goes to trial, it could take weeks to complete. Hillman had met Diemer while working at a temporary employment agency, officials said. Diemer, 31, was reported missing by family members in August, around the time court records show she was murdered. Her body was later found in a field near West 41st Street and Train Avenue. Hillman was released from prison in 2012 after serving 7 years for rape. He was still on parole at the time that he attacked Diemer, according to state prison records. O'Donnell set Hillman's bond at $500,000. In addition, the Ohio Adult Parole Authority has ordered that Hillman cannot be released from jail because he violated his parole. Court records show Hillman's criminal record dates back to 1986. Authorities said he was living in a home on Forestdale Avenue, where they suspect he killed Diemer. After she disappeared, Hillman took her car, a 2013 Volkswagon Jetta, according to interviews and documents. Diemer's family members spotted the car at a gas station after her disappearance, and police were able to get surveillance video that linked them to Hillman, according to published reports. (source: The Plain Dealer) MISSOURI: The Death Penalty, Missouri and the Continued Devaluing of Black Life The murder of a black person is often disregarded by the media and much of the public as a normal, ignorable occurrence. But occasionally, the spectacle of a murdered black person captures the nation's attention. It's a tradition of sorts. The morbid pageantry of killing a black person, consuming black pain and stifling black cries of innocence has a long running history here in the United States. It's cemented in the lynching postcards whites used to send each other as souvenirs, and has trickled down through racist lineage to how we consume black deaths today. This pageantry of black death is performed through many means, including "vigilante justice" and extrajudicial police murders - and also the death penalty, which is grounded in racism, past and present. A recent example: The 2 famously condemned black death row prisoners exonerated due to DNA evidence, after 31 years of imprisonment. This moment begs a reflection on all the ways in which the machinery of death operates in relation to black people (even those who are exonerated, after losing decades of their lives). Inside and outside of prisons, black people are disproportionately killed - and officially authorized to be killed - in the United States. It's crucial to devote our concern to all untimely black deaths - including those that happen behind bars. Since late last year, leading up to the uprisings in Ferguson, the state of Missouri has quietly and controversially used midazolam to kill nine condemned death row prisoners. Missouri's director of the Department of Corrections spoke on behalf of the state to lawyers at a deposition in January saying they wouldn't use the drug. They did - and they got away with it. Death penalty states have been rushing to get their hands on anything they can use to put prisoners to death. Several pharmaceutical companies backed away from letting their products be used for lethal injections, causing the widespread usage of "chemical cocktails." Now, some death penalty states, more concerned with being on schedule than with not torturing prisoners with drawn out exploratory executions, have been using what they can find. Some of these states, like Georgia, have even passed legislation - which the Supreme Court has upheld - to keep their torturous methods secret. The prospect of "humane killing" is oxymoronic to say the least, but torture is never warranted. The mishandled execution that grabbed the country's attention was that of Clayton Lockett last April, in Oklahoma. (A mishandling that has come to be known as the "botched execution.") Lockett was to be the first of two men scheduled for a double execution - the first in the state since 1937. A group of witnesses gathered to watch as he was tortured to death by Oklahoma's "new lethal injection method": 43 minutes of groaning, writhing and fumbling before he finally had a heart attack and died. The second execution scheduled that night didn't happen. After Lockett's execution, an independent autopsy revealed how his death was tantamount to torture, and led to a brief, unofficial de facto moratorium on the death penalty. 7 weeks later, on June 17, many around the country waited to see what would happen to Marcus Wellons in Georgia. Wellons' lawyers rushed to stop his demise and urged that the moratorium continue. They argued via a petition for postponement that the drug secrecy was a violation of his First and Eighth Amendment rights - among other trespasses against his person. In his petition, Wellons did not plead to live; he simply asked to know how he was going to be killed. His lawyers could not stop his execution, despite their pleas to the Supreme Court. His death would be one of three in a spurt of these lethal experimentations. After Wellons, John Winfield was scheduled to die in Missouri and John Ruthell would be executed by Florida the next evening. Three deaths occurred in less than 24 hours. This succession of events has prompted a lawsuit from current death row prisoners, who feel they have the right to know how they will die. Of course, the Supreme Court has allowed the executions to go on undeterred. Meanwhile, Ohio has taken the liberty of upping the dosage used to kill. Tennessee is reverting to the electric chair, also prompting a lawsuit. This alternative torturous method has not been used in years and lawyers argue no other country in the world uses it. At each step in the criminal punishment system, the path is paved for black torture and fatality. During surveillance, arrest and conviction, black survival is at the mercy of the state. In the pits of solitary confinement or in the general prison population, black death is omnipresent. The death penalty represents one more step in that chain. Research shows "unconscious" bias among physicians who treat black people; one can only imagine what might lie in store for a black person who is being intentionally killed by a medical professional. Although "innocence" should not be a precursor for being treated like a human being, it must be noted that judgments of "innocence" and "guilt" are often based not on an individual's actions, but on race. Research has revealed that blacks are viewed as less innocent or inherently guilty based on skin color from childhood, and blacks are disproportionately sentenced and executed. Consider the case of 50-year-old Henry McCollum, the man who, with his younger half brother, recently walked free from prison after three decades for a crime they did not commit. Emerging from prison, McCollum didn't even know how to use a seatbelt. Justice Antonin Scalia once argued that McCollum's life was an example of the necessity for the death penalty, saying that a "quiet death" by lethal injection was "enviable" compared to the crime that McCollum had supposedly committed. Of course, a "quiet death" is far from the death that befell Clayton Lockett when a paramedic was unable to find suitable veins in his arms, legs, neck or feet, and the line was inserted into his groin. Such cruel and unusual punishment should be inflicted on no one - innocent or guilty. However, considering the prison system's groundings in anti-black racism, it's not shocking that this new trend of torturing prisoners to death hasn't caused enormous outrage. The warrantless attack on the black community post-Reconstruction was the foundation of our massive prison system, and designated blacks as a permanent criminal class. The US brand of racism has always rendered the black body quite killable, threatening and worthy of torture. The relationship of this perceived "killability" to black bodies is unique - and sometimes, white fear and paranoia take black lives before they are finished being lived. In this age of "botched" executions, unprovoked police violence and normalized torture, the black community is facing a threat that renews our inconsolable history of being test subjects. Black existence is a river of post-traumatic stress that we swim upstream daily. It's a gut feeling of knowing that something is coming - a feeling that many of us inherit from birth. It's a fear of what's coming based on knowing what's already here. It's a fear shared by a group of people who know exactly what this country is capable of. History should make it abundantly clear that the subsistence of black people is intertwined with the existence of capitalism. The oppression, stress and death of the black body built this nation through enslavement, and persistently keeps it moving. Black people entertain, labor and stylize the most powerful empire in the world, thereby influencing culture globally. Black people have always demanded respect of our humanity, but traditionally, the lives of black people have been valued for their labor or subservience. Even though we are all killable, certain types of black people are deemed more fit to live, as determined through the lens of respectability. "Thug" and "criminal" are readymade labels for the justification of murdered blacks like Michael Brown Jr. in Ferguson. The angry awareness of racism in the judicial system, prisons and policing is what has provided lifeblood to the protests in Ferguson. What is being protested there is not a completely separate issue from the death penalty. The black community has always been under attack by numerous forces representing the state, from police to courtrooms to prisons to execution chambers. Though they operate differently, they are interconnected in their racist groundings. And so the cry that "black life matters" must include imprisoned black life. Innocent or guilty, no person deserves to be tortured to death. Innocent or guilty, no one should be extrajudicially killed by a police officer. Innocent or guilty, no black person should have their fate decided by a system that constantly fails to deliver black people justice. Black people have always been present en masse to defend the lives of those unjustly taken from black communities. Every time, propaganda is released in an attempt to justify their murders, to mark them as "guilty." Think of Renisha McBride's intoxication, Trayvon Martin's hoodie, Michael Brown stealing from a store. No matter what is released, their lives are still worth defending: Their past ("guilty" or "innocent") doesn't justify their death. That recognition is one of the most beautiful things about the black community: that sense of acceptance and placing humanity first. "Criminality" doesn't justify death - and why is a system guilty of being unjust fit to decide who dies? Black lives matter. All black lives matter. Lives inside and outside of prisons matter. When we fight for black people, let's make sure we fight for every kind of black person that exists in our society. We cannot negate any black person based on ability, gender, sexuality or imprisonment. During these painful times, the black community has been reaching outside of traditional white definitions of justice. For many, this is a time to begin looking inward at what is already exemplary: the tradition of fighting for black lives. (source: William C. Anderson, truthout.org) OKLAHOMA: The 21st century death chamber: $100,000 for a civilised execution How much does it cost to revamp a death chamber in a prison that hosted a notorious botched execution into a state-of-the-art, 21st century, humane and civilised killing machine? $106,042.60 - or so says the state of Oklahoma. This week Oklahoma opened the doors of its maximum-security state penitentiary in McAlester to show off its spanking-new redesigned execution suite. It was a display of conspicuous transparency put on for the benefit of the media, which was paradoxical in the circumstances, as one of the main changes made under the renovation is to slash the number of media witnesses at all future executions by more than half. As part of the media tour, the prison authorities handed reporters an itemised balance sheet that listed all the expenses that had gone into the upgrade. The 144 entries ranged from the mundane - $516.92 spent on new carpeting, $358.42 for paint stripper, $55.24 on "nuts and bolts" - to the more resonant. Almost $2,000 were spent on restraints - 4 brown leather straps, 1 for each of the offender's hands and 1 for each ankle. There was an order for 34 needles, as well as a set of new syringes for administering the lethal drugs. And then there was the listing for a "surgical table", commonly known as a gurney, costing a substantial $12,500. In case Oklahoma taxpayers are tempted to complain about such lavish expense, it should be pointed out that the new gurney is likely to see plenty of use: the last one was purchased by the state in the 1950s and was the centrepiece of at least 111 judicial killings. Scott Crow, the department of corrections administrator of field operations who conducted the tour, waxed lyrical about the capabilities of the new death bed. "This is an electric bed which has the ability to raise or lower to accommodate the needs not only of witnesses in the viewing areas but any needs as far as the offender is concerned," he said. He pressed a set of buttons beneath the gurney so that the assembled media representatives could see it rise and fall, rise and fall, with the cheerful smoothness of a carousel horse. The "major renovations" that Crow described on the tour were ordered by the director of Oklahoma's department of corrections, Robert Patton, in the wake of the botched execution of Clayton Lockett in April. It took 43 minutes for the prisoner to die from an experimental concoction of drugs, during which he was observed to heave and groan on the gurney. In a rare presidential intervention in the debate over capital punishment, the White House said the execution "fell short of humane standards". In Oklahoma's own internal investigation into the Lockett debacle, the state noted a number of inadequacies, including poor training of execution staff and lack of supplies such as proper sized needles. Soon after the execution, Patton said that Lockett had died of a "massive heart attack" - but a more likely explanation, indicated in autopsies, was that officials had bungled the placing of the IV in Lockett's veins. In the fallout from the affair, the state produced a new execution protocol, under which the the death chamber was renovated. One of the key changes is to cut the number of media witnesses to all future executions from 12 to 5. Hence the paradox. During this week's media tour, reporters heard that the new witness area had its quota of seating reduced form 25 to 19, without any mention that the missing seats used to be available to reporters. State officials refused to discuss any aspect of the new execution protocols other than bare construction issues, on grounds that the matter was "being litigated". When, for instance, the Guardian pointed to an entry among the renovation expenses listed as "electrode snap FM Wetgel 50s" and asked for a plain English translation, Crow replied: "That's part of the protocol. I'm not at liberty to discuss that." The Guardian, together with the Oklahoma Observer and the American Civil Liberties Union (ACLU) are among the litigants to which the officials were referring. They have asked the courts to stop the department of corrections from drawing a curtain over the viewing window, preventing reporters seeing the full proceedings, as happened 16 minutes into Lockett's execution. This week the ACLU and the 2 news organizations also called for a preliminary injunction to prevent Oklahoma from reducing the number of media witnesses to 5. Some aspects of the renovation could be deemed to be a step forward, in the sense that they will reduce the likelihood of further botches. In the new operations room that sits alongside the death chamber, there will now be equipment to monitor the offender's heart, blood pressure and blood oxygen levels, as well as an ultra-sound that will assist in finding a vein in which to place the IV. Cameras fixed to the ceiling above the gurney will allow the three executioners, sitting on the other side of the wall, to zoom in on the offender???s face. The old system of indicating difficulties with the lethal injection process that used to rely on pushing coloured sticks through the wall - red spelling danger - has been scrapped and replaced by a digital intercom that will connect the executioners to the 1 person who will be allowed inside the death chamber along with the offender. Reporters asked who that person would be - would it be a physician or paramedic, or state official? "I am not at liberty to say that, it's under litigation," Crow replied. Whether the $106,042.60-worth of "improvements" will be appreciated by the state's current death row population of 49 is perhaps a moot point. Dale Baich, the lawyer who represented Clayton Lockett, said he was withholding judgment until he'd seen the changes himself - a visit to the new facilities for attorneys working with condemned prisoners is said to be in the offing. It won't be too long before Oklahoma's death chamber 2.0 is put through its paces. Child killer Charles Warner has been given the dubious privilege of being the 1st to test it out. His execution is scheduled for 13 November. ********************** Doctor involved in botched execution 'experimented' on inmate, suit claims----Family of Clayton Lockett, who was killed in prolonged execution, names doctor and says he violated rule established at Nuremberg trials The family of Clayton Lockett, the death row inmate in Oklahoma who suffered a long and apparently traumatic execution in April, is suing a family doctor who they allege actively participated in the botched lethal injection process that killed him. The legal complaint, lodged with the federal court for the western district of Oklahoma on Tuesday, names Dr Johnny Zellmer as a defendant both in his individual and official capacity. The lawsuit accuses him of engaging "in human medical experimentation in torturing Clayton Lockett to death", and says that his participation in the execution was against international protocols established at the post-2nd world war Nuremberg trials of Nazi doctors. The naming of Dr Zellmer under court privilege is a rare instance of the identity of a physician who allegedly participated in an execution coming to light. Death penalty states, including Oklahoma, go to great lengths to guard the secrecy of their execution teams. The position of doctors is particularly sensitive as physicians take the Hippocratic Oath to show "utmost respect for human life". Where doctors have been present in the death chamber, their role has in most cases been tightly limited to assessing whether the prisoner is unconscious and then officially pronouncing death. However, in the case of Clayton Lockett, the state has admitted that a physician was present who actively took part in killing the prisoner. The report of the internal investigation into the Lockett execution reveals that the physician stepped in to finish the job after the paramedic who had initiated the execution failed to place the IV into Lockett's veins. "The IV access was completed by a physician licensed as a medical doctor," the report said. The direct participation of the physician in helping guide lethal drugs into Lockett's body is an apparent violation of the Hippocratic Oath. It is also a breach of the voluntary code laid out by the American Medical Association that states that doctors should not play any role that contributes to the cause of death in a legallyauthorized execution. David Lane, a civil rights lawyer in Denver who is acting for the Lockett family, said he called Zellmer a month ago and gave the physician the chance to deny that he took part in the Lockett killing. According to Lane, Zellmer replied: "Y'all have to talk to the prison about that," and put the phone down. The Guardian attempted to reach Zellmer but was not immediately successful. Lockett endured a 43-minute execution involving an experimental concoction of lethal drugs in which he was observed writhing and groaning on the gurney. The investigation report indicated that there had been a shortage of appropriate needles that day, and that the physician and paramedic had failed to place the IV into the prisoner's vein, leading to the injection of a mass of lethal drugs into his muscle. Lane said that he had learned the identity of the doctor from an "inside source". Zellmer is listed by the Oklahoma medical board as a fully licensed and active doctor, specializing in family and emergency medicine and practicing out of McAlester, where the state penitentiary that houses the death chamber is located. The investigation report into Lockett's death notes that the physician had been involved in one other execution about 4 or 5 years earlier. He had been contacted just 2 days before Lockett was scheduled to die as another physician had pulled out due to a scheduling conflict. The doctor was specifically told that his duties would only involve assessing whether Lockett was unconscious and pronouncing death. It remains unclear why the doctor agreed to go further, and actively attempt to place the IV. The report does not identify the physician, but does say that he had a license that expired on 1 July every year. Zellmer???s current license expires on 1 July 2015. Oklahoma has introduced a law that guards the confidentiality of the execution team. Lane said that he was aware of the law, but said he had a first amendment right on a matter of supreme public concern. "I know that it was Dr Zellmer who participated in this execution, and to deny me the right to sue the doctor who killed Clayton Lockett is to deny his family their civil rights," he said. The lawsuit against Zellmer also names as defendants the governor of Oklahoma, Mary Fallin, the director of the department of corrections Robert Patton and various unidentified members of the execution team. It alleges that Zellmer received payment for his services, adding that his "participation in the failed medical experiment directly caused the tortured death of Clayton Lockett". (source for both: The Guardian) ARIZONA: Jury selection continues, local residents complain about slow legal process Arizona residents are relieved to learn that the Jodi Arias trial will start again on Tuesday to finish the task of selecting the new set of jurors for the widely-sensationalized courtroom battle. Arias had already been convicted guilty of committing 1st-degree murder for killing her ex-boyfriend Travis Alexander back in 2008, yet a sentence had not been decided because of a hung jury, prompting the judge to declare a mistrial for the sentencing phase of the case. Tuesday's trial seeks to find the 12 jurors and 6 alternates to sit on the controversial murder case. Last week, the lawyers working on the case started questioning 400 possible jurors in Phoenix's Maricopa County Superior Court. After the 1st cut, the number was trimmed down to 176. Wednesday's trial resulted to further trimmings, which ended up with 26 people returning for further questioning. The residents from the area, on the other hand, are not happy with how slow things are shaping up for the trial. A former Mesa police investigator expressed his strong opinion in an interview posted at the Arizona Central. He said, "YES! I'm sick and tired of the Jodi Arias murder case. Murders happen almost everyday in Arizona. Sadly, murder is no big deal. While most murder cases and trials are handled quietly and with the dignity of brain surgery, the Arias trial has taken on the theatrics of a well-rehearsed circus show, thanks to Maricopa County prosecutor Juan Martinez, defendant Arias and the media." The prolonged trial to sentence Jodi Arias is also putting a hole in the pockets of Arizona taxpayers. At this point, the defense costs already reached $2.5 million. This is not the final numbers, however, since the tab will continue to grow while the second phase for penalty hearing is still ongoing. The amount paid for the prosecutors were undisclosed. Aside from the jury selection, the court will also tackle the defense's motion to dismiss death penalty as one of the options for Arias' sentence, citing reasons of prosecutorial misconduct. (source: Christian Today) CALIFORNIA: Central California man charged with stabbing to death elderly parents, 2 sons and family dog A central California man whom authorities say confessed to stabbing his elderly father and mother, his 2 sons and the family dog has been charged with murder and animal cruelty. Santa Barbara County prosecutors announced Tuesday that a grand jury indicted 45-year-old Nicolas Holzer on felony charges that include special allegations. Prosecutors haven't decided whether to seek the death penalty. Holzer remains jailed without bail. Prosecutors contend that in August at his Goleta home, Holzer grabbed kitchen knives and attacked his 73-year-old father; then his sons, ages 10 and 13, as they slept; then his 74-year-old mother and the family dog. Authorities say Holzer then called 911 to report killing his family. Authorities say Holzer, who had no criminal history, told detectives that the killings were his destiny. (source: Associated Press) USA: New Charges Brought in 2012 Benghazi Attacks A Libyan militant already behind bars was indicted Tuesday on new charges arising from the 2012 Benghazi attacks, including crimes punishable by the death penalty, the Justice Department said. The new 18-count grand jury indictment, which includes multiple counts of murder, had been widely expected since Ahmed Abu Khattala was captured in June by U.S. special forces and brought to the United States to face trial. Abu Khattala, 43, the first militant to be prosecuted for the Benghazi violence, had initially been charged with conspiracy to provide material support to terrorists, resulting in death. U.S. officials had described that initial, one-count indictment as a placeholder to allow for him to be brought into court and for a grand jury to hear more evidence. The new indictment does not add to the public account of how the attacks unfolded but it does include multiple counts that make Abu Khattala eligible for the death penalty if convicted, including murder of an internationally protected person and killing a person during an armed attack on a federal facility. It also accuses him, among other charges, of providing material support to terrorists, malicious destruction of property and attempted murder of an officer and employee of the U.S. One of his public defenders, Michelle Peterson, said last summer that prosecutors had not presented evidence tying him to the attacks. In a statement Tuesday evening, she cautioned against a rush to judgment. "It is important to remember that an indictment is merely a set of allegations or charges, it is not evidence," she said. "We will vigorously defend Mr. Abu (Khattala)? in court where the government will be forced to prove his guilt, based upon actual evidence." After his capture during a nighttime raid, Abu Khattala was brought to the U.S. aboard a Navy boat where he was interrogated by federal agents. He remains in custody at a detention facility in Alexandria, Virginia. Abu Khattala, who earlier pleaded not guilty to the terrorism conspiracy charge, is scheduled to be arraigned next week in U.S. District Court in Washington on the new charges. Federal prosecutors have long accused Abu Khattala of being a ringleader of the Sept. 11-12, 2012, attacks that killed Ambassador Chris Stevens and 3 other Americans. Attorney General Eric Holder said the new indictment reflects Abu Khattala's "integral role" in the attacks. The superseding indictment alleges that Abu Khattala was involved in 2 different attacks, hours apart, on the diplomatic compound. The violence, which quickly emerged as a flashpoint in American political discourse, was aimed at killing American personnel at the compound and looting the buildings of documents, maps and computers, the Justice Department says. In the 1st burst of violence on the night of Sept. 11, prosecutors allege, Abu Khattala drove to the diplomatic mission with other militants and a group of about 20 breached the main gate and later launched an attack with assault rifles, grenades and other weapons. That initial attack killed Stevens and communications specialist Sean Smith and set the mission ablaze. Prosecutors say Khattala "supervised the plunder" of sensitive information from that building, then returned to a camp in Benghazi where a large group began assembling for an attack on a 2nd building known as the annex. The attack on that facility, including a precision mortar barrage, resulted in the deaths of security officers Tyrone Snowden Woods and Glen Anthony Doherty, authorities say. (source: Associated Press) ********************* Christianity don't mix Dear Editor: Recently, The Tuscaloosa News reported that Alabama has identified drugs that pass legal requirements for lethal injection executions, and consequently, the state may now resume executions. In a state where a vast majority of citizens profess Christianity and claim to be followers of Jesus Christ, it is ironic that more notable responses from that community of Christians have not used the temporary moratorium on executions to challenge the resumption of this barbaric practice. No follower of Jesus Christ can find one scintilla of support in his teachings that justifies the obsessive, dogged determination to retain this form of "justice." In fact, iconic passages in the Gospels admonish us to do just the opposite: "He that is without sin among you, let him first cast a stone ..." John 8:7; "Blessed are the merciful: for they shall obtain mercy." Matthew 5:7; "Judge not, that ye be not judged." Matthew 7:1; "... In as much as ye have done it unto one of the least of these my brethren, ye have done it unto me." Matthew 25:40. When we, as a society, in systematic deliberation faced with clear alternatives elect to take a life, we take that which is not ours. When we, as professing Christians, elect to consign such an immortal soul to eternity, we presume to be God, the ultimate blasphemy. Profess Christianity, if that is your faith. Support the death penalty, if you will. Clearly, however, you cannot have it both ways. Marvin Johnson, Tuscaloosa (source: Letter to the Editor, Tuscaloosa News) From rhalperi at smu.edu Wed Oct 15 14:07:54 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 15 Oct 2014 14:07:54 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 15 COSTA RICA: >From Costa Rica, an Emphatic No to Death Penalty Costa Rica is a nation that supports, defends and promotes the defense of human rights around the world. In the matter of the death penalty, the Constitution is clear insofar as human life being inviolable, never to be broken or infringed upon. Such was the message issued by Minister of Foreign Affairs Alejandro Solano last week in commemoration of the 12th World Coalition Against the Death Penalty Day, which was observed on October 10th. According to an official communique issued by the Ministry of Foreign Affairs, Minister Solano welcomed the message communicated by 12 of his counterparts around the world, including the honorable nations of: --Argentina --Australia --Benin --Burkina Faso --Philippines --Haiti --Mexico --Mongolia --Norway --The United Kingdom --Switzerland --Turkey Costa Rica supports a global abolition of the death penalty. This support is advocated by the International Court of Human Rights. Minister Solano added: We have ratified our dedication and support of an universal abolition of the death penalty, clearly stating that such practice has no place in criminal justice and instead is a violation of human rights. Sentencing someone to death is not justice; it is rather a failure of the judicial system. United Nations Secretary General Ban Ki-Moon also supports Costa Rica's stance against the death penalty and has called on a worldwide moratorium of this dubious practice. As per the World Coalition Against the Death Penalty: A moratorium is temporary suspension of executions and, more rarely, of death sentences. It is provisional and often depends on the will of a key decision maker (president, minister of justice...). Conversely, abolition is permanent as enshrined in law. "The use of the death penalty undermines human dignity" In 2008, 2010 and 2012, the World Coalition led a campaign to increase support for the new resolution and to ensure its implementation. The vote on December 18, 2008 showed increasing support for the moratorium: 106 countries voted in favour, 48 against and 34 abstained. In 2010, even more countries supported the resolution with 109 votes in favor, 41 voted against and 35 abstained. More recently, in december 2012, the resolution gained even more support with 111 states voting in favor, 41 voting against and 34 abstaining. Since 2007, the movement for abolition has grown larger and larger. More states have abolished the death penalty, more moratoria on executions have been implemented and proposals for abolition in law have multiplied throughout the world. (source: The Costa Rica Star) IRAN: Iran executions surge amid U.S. nuclear talks "Rights groups and regional analysts say Iran's record may be worsening in the backdrop of potential detente with the West," an article published Wednesday in The Washington Times reports. "The situation is prompting some in Washington to criticize the Obama administration for not applying more public pressure on Tehran to adhere to international human rights standards." During the 14 months since Hassan Rouhani took office, the authorities in Iran have carried out nearly 1000 executions. The report said that an advance copy of a book-length report on the executions titled "Behind Rouhani's Smile" provided to The Washington Times by the National Council of Resistance of Iran notes the executions of at least 22 women since Hassan Rouhani took office and highlights more than a dozen cases of people younger than 18 accused of crimes and hanged. (source: NCR-Iran) INDONESIA: Police seize 32.8kg syabu worth RM2.76 million in Ipoh Police arrested 2 people and seized 32.8kg syabu worth RM2.76 million in a raid on a single storey bungalow here, on Sunday. Perak deputy police chief Datuk A. Paramasivam said the bungalow in Taman Lim, used by a food catering company, was turned into a drug laboratory 6 months ago. "The raid on the empty bungalow led to the arrest of 2 people including a foreigner in Ipoh on the same day," he reporters at Perak Police Headquarters here, today. The local suspect,42, was a food caterer while the foreigner, 34, did not have valid travel documents. "During the raid, the police party also seized a van, two motorcycles, some money and goods worth RM35,200." Urine tests on the suspects who did not have criminal records proved negative. They were remanded until Sunday for further investigation. Paramasivam said the 32.8kg syabu seized can be used by 32,000 people. The case was investigated under Section 39B of the Dangerous Drugs Act 1952 which carries the mandatory death penalty upon conviction. (source: The Borneo Post) SINGAPORE: Cannabis and heroin traffickers arrested in Marsiling and Clementi 4 Singaporeans may face the death penalty after they were caught by Central Narcotics Bureau (CNB) officers on Tuesday, in 2 separate operations which netted 2.6kg of heroin and 1.2kg of cannabis. The 1st operation occurred in the vicinity of a housing block at Marsiling Drive. According to a statement from CNB, a 46-year-old male suspected cannabis trafficker was spotted meeting up with a 40-year-old male suspected drug client. CNB officers deployed for the sting moved in after the transaction concluded, and recovered about 40g of cannabis from the 40-year-old male and about 260g of cannabis from the 46-year-old male. A further 960g of cannabis and a small amount of 'Ice' and heroin were later recovered from the 46-year-old suspected drug trafficker's residence. In the second operation, CNB officers deployed to a housing block at Clementi West Street 1 spotted their suspect, a 40-year-old male, getting on board a van driven by a 48-year-old male. After stopping the van at the exit of the carpark, CNB officers found 2.6kg of heroin and drug paraphernalia such as a digital weighing scale and empty plastic sachets within the van. The 40-year-old suspected trafficker was also found to be carrying more than S$6,700 cash. If convicted, all 4 Singaporean suspects may face the death penalty. The Misuse of Drugs Act provides for the death penalty if the amount of diamorphine (or pure heroin) trafficked exceeds 15g. 15g of diamorphine is equivalent to 1,250 straws, which is sufficient to feed the addiction of about 180 abusers for a week. Under the Misuse of Drugs Act, those convicted of trafficking in more than 500g of cannabis may face the death penalty. Director CNB Mr Ng Ser Song said: "The 2.6kg of heroin seized could have fed the addiction of almost 1250 drug abusers for a week, and the 1.2kg of cannabis seized could have been used to lure many unsuspecting new abusers into trying out drugs for the 1st time. "This will start a vicious cycle of lifelong addiction, bringing upon families immense pain and suffering when they see their loved ones fighting to be free from drug addiction. "CNB will not let up in our enforcement efforts and will not allow drugs to enslave our community." (source: Asia One) COSTA RICA: >From Costa Rica, an Emphatic No to Death Penalty Costa Rica is a nation that supports, defends and promotes the defense of human rights around the world. In the matter of the death penalty, the Constitution is clear insofar as human life being inviolable, never to be broken or infringed upon. Such was the message issued by Minister of Foreign Affairs Alejandro Solano last week in commemoration of the 12th World Coalition Against the Death Penalty Day, which was observed on October 10th. According to an official communique issued by the Ministry of Foreign Affairs, Minister Solano welcomed the message communicated by 12 of his counterparts around the world, including the honorable nations of: --Argentina --Australia --Benin --Burkina Faso --Philippines --Haiti --Mexico --Mongolia --Norway --The United Kingdom --Switzerland --Turkey Costa Rica supports a global abolition of the death penalty. This support is advocated by the International Court of Human Rights. Minister Solano added: We have ratified our dedication and support of an universal abolition of the death penalty, clearly stating that such practice has no place in criminal justice and instead is a violation of human rights. Sentencing someone to death is not justice; it is rather a failure of the judicial system. United Nations Secretary General Ban Ki-Moon also supports Costa Rica's stance against the death penalty and has called on a worldwide moratorium of this dubious practice. As per the World Coalition Against the Death Penalty: A moratorium is temporary suspension of executions and, more rarely, of death sentences. It is provisional and often depends on the will of a key decision maker (president, minister of justice...). Conversely, abolition is permanent as enshrined in law. "The use of the death penalty undermines human dignity" In 2008, 2010 and 2012, the World Coalition led a campaign to increase support for the new resolution and to ensure its implementation. The vote on December 18, 2008 showed increasing support for the moratorium: 106 countries voted in favour, 48 against and 34 abstained. In 2010, even more countries supported the resolution with 109 votes in favor, 41 voted against and 35 abstained. More recently, in december 2012, the resolution gained even more support with 111 states voting in favor, 41 voting against and 34 abstaining. Since 2007, the movement for abolition has grown larger and larger. More states have abolished the death penalty, more moratoria on executions have been implemented and proposals for abolition in law have multiplied throughout the world. (source: The Costa Rica Star) IRAN: Iran executions surge amid U.S. nuclear talks "Rights groups and regional analysts say Iran's record may be worsening in the backdrop of potential detente with the West," an article published Wednesday in The Washington Times reports. "The situation is prompting some in Washington to criticize the Obama administration for not applying more public pressure on Tehran to adhere to international human rights standards." During the 14 months since Hassan Rouhani took office, the authorities in Iran have carried out nearly 1000 executions. The report said that an advance copy of a book-length report on the executions titled "Behind Rouhani's Smile" provided to The Washington Times by the National Council of Resistance of Iran notes the executions of at least 22 women since Hassan Rouhani took office and highlights more than a dozen cases of people younger than 18 accused of crimes and hanged. (source: NCR-Iran) INDONESIA: Police seize 32.8kg syabu worth RM2.76 million in Ipoh Police arrested 2 people and seized 32.8kg syabu worth RM2.76 million in a raid on a single storey bungalow here, on Sunday. Perak deputy police chief Datuk A. Paramasivam said the bungalow in Taman Lim, used by a food catering company, was turned into a drug laboratory 6 months ago. "The raid on the empty bungalow led to the arrest of 2 people including a foreigner in Ipoh on the same day," he reporters at Perak Police Headquarters here, today. The local suspect,42, was a food caterer while the foreigner, 34, did not have valid travel documents. "During the raid, the police party also seized a van, two motorcycles, some money and goods worth RM35,200." Urine tests on the suspects who did not have criminal records proved negative. They were remanded until Sunday for further investigation. Paramasivam said the 32.8kg syabu seized can be used by 32,000 people. The case was investigated under Section 39B of the Dangerous Drugs Act 1952 which carries the mandatory death penalty upon conviction. (source: The Borneo Post) SINGAPORE: Cannabis and heroin traffickers arrested in Marsiling and Clementi 4 Singaporeans may face the death penalty after they were caught by Central Narcotics Bureau (CNB) officers on Tuesday, in 2 separate operations which netted 2.6kg of heroin and 1.2kg of cannabis. The 1st operation occurred in the vicinity of a housing block at Marsiling Drive. According to a statement from CNB, a 46-year-old male suspected cannabis trafficker was spotted meeting up with a 40-year-old male suspected drug client. CNB officers deployed for the sting moved in after the transaction concluded, and recovered about 40g of cannabis from the 40-year-old male and about 260g of cannabis from the 46-year-old male. A further 960g of cannabis and a small amount of 'Ice' and heroin were later recovered from the 46-year-old suspected drug trafficker's residence. In the second operation, CNB officers deployed to a housing block at Clementi West Street 1 spotted their suspect, a 40-year-old male, getting on board a van driven by a 48-year-old male. After stopping the van at the exit of the carpark, CNB officers found 2.6kg of heroin and drug paraphernalia such as a digital weighing scale and empty plastic sachets within the van. The 40-year-old suspected trafficker was also found to be carrying more than S$6,700 cash. If convicted, all 4 Singaporean suspects may face the death penalty. The Misuse of Drugs Act provides for the death penalty if the amount of diamorphine (or pure heroin) trafficked exceeds 15g. 15g of diamorphine is equivalent to 1,250 straws, which is sufficient to feed the addiction of about 180 abusers for a week. Under the Misuse of Drugs Act, those convicted of trafficking in more than 500g of cannabis may face the death penalty. Director CNB Mr Ng Ser Song said: "The 2.6kg of heroin seized could have fed the addiction of almost 1250 drug abusers for a week, and the 1.2kg of cannabis seized could have been used to lure many unsuspecting new abusers into trying out drugs for the 1st time. "This will start a vicious cycle of lifelong addiction, bringing upon families immense pain and suffering when they see their loved ones fighting to be free from drug addiction. "CNB will not let up in our enforcement efforts and will not allow drugs to enslave our community." (source: Asia One) ZIMBABWE: Civil society in Zimbabwe calls for total abolition of the death penalty A media briefing to commemorate the World Day Against The Death Penalty was held at the Media Centre in Harare with calls for the total abolition of the death penalty in Zimbabwe. The media briefing, which brought together civic organizations such as Padare/Enkundleni/Men's Forum on Gender, Amnesty International, Zimbabwe Women Lawyers Association (ZWLA) and Zimbabwe Human Rights NGO Forum, reiterated calls to do away with state sanctioned killings in Zimbabwe. Zimbabwe marks this year's event under a new constitution adopted in 2013, which partially abolished the death penalty but still retains capital punishment against men aged between 21 and 70 years old. The Zimbabwe Women Lawyers Association (ZWLA) believes that there is no rational justification for the harsher treatment that the constitution makes for men who are convicted of murder between the ages of 21 and 70. Retention of the death penalty for men is incompatible with state obligations under article 2, 3 and 26 of the United Nations International Covenant on Civil and Political Rights to which Zimbabwe is a party. Zimbabwe's last execution was conducted in 2005. Vongai Chikwanda, Amnesty International campaigns coordinator, called on the government to ensure equality through abolishing of the death penalty for all persons. Women, who are currently on death row, no longer face the death penalty under the new constitution in Zimbabwe. A total 97 inmates are currently on death row. Recently the Minister of Justice Legal and Parliamentary Affairs was reported as sharing government's commitment and vision for the abolition of capital punishment through reviewing sentences imposed on death row inmates. (source: kubatana.net) UGANDA: Pay Families of Hanged Convicts, Activists Demand Anti-death penalty activists have asked the government to compensate families of hanged convicts. The activists argue that since the government is supposed to detect and prevent crime, it should compensate victims of the 'unfortunate act of hanging'. Among the leading proponents of this view is Dr Livingstone Sewanyana, the executive director of the Foundation for Human Rights (FHRI), who spoke on the sidelines of last week's events to mark the 12th World Day against the Death Penalty, at Nsambya in Kampala. The theme of the day was: "Understanding the mental effects of the death penalty". "We feel that time has come to introduce what is called 'a victims' compensation fund' so that their families can be taken care of... ," Sewanyana said. The national legal officer in the Office of the High Commissioner for Human Rights, Florence Nakazibwe, said children of convicts on death row needed help because they suffer medical and psychological conditions such as post-traumatic stress disorder and depression. "With regard to difficulties in school, generally no support system is put in place for these children and school often becomes a place where they fight to defend their parent's reputation and, by extension, their own," Nakazibwe said. The activists want Parliament to repeal all legal clauses that allow the death penalty. A senior presidential advisor in charge of general duties, Chris Rwakasisi, a former death row convict, said he knew many innocent people sentenced to death because of flaws in the judicial system. "If it is robbery, the police will change it [to] aggravated robbery, and the Judiciary will accept it," said Rwakasisi, who was pardoned by President Museveni. Dr Sewanyana, however, issued a disclaimer: Anti-death penalty activists don't condone crime, they just want corrective punishments. "A punishment is meant for reformation [but] when you kill, it becomes revenge. You can't punish a dead person... It [therefore] becomes unbecoming for government to abet revenge," Sewanyana said. FHRI Chairman John Kateeba argued that the public needed education on why it is necessary to scrap execution. "You kill 1 person but psychologically you have killed the whole clan; they will say this government killed our people," Rev Kateeba said. "We should instead encourage rehabilitation, reconciliation and then forgiveness." Some 229 people are on death row in Luzira prison, according to FHRI. The last execution in Uganda under the military law took place in 2005 and in 1999 under the civil justice system. (source: The Observer) KENYA: Death penalty: Is it time to abolish it? Kenyan courts are daily sentencing people to death but the sentences have not been carried out for nearly 30 years. Similarly what is a 'life sentence' legally remains an unanswered question. Early this month Justices Mbogholi Msagha, Florence Muchemi and Mumbi Ngugi issued a judgement on these matters. Having been personally involved, I will endeavour to objectively put the issues raised in perspective. It is imperative to first note that the mandatory death penalty is provided for under Section 204 of the Penal Code. Even so, since 1987 no person has been executed in Kenya, nevertheless, the courts have continued to pass the death sentence. In the last 5 years about 1,620 offenders have been sentenced to death. In 2009, there was a mass commutation of sentences from death row to life imprisonment by the then President, Mwai Kibaki. The Court summarised issues raised by the Petitioner thus: - "The right of an accused person to know with certitude what sentence he stands to suffer at the date of taking plea. -The legality and constitutionality of the mandatory death sentence - The mandatory death sentence and the exercise of the courts discretion - Obligations under general rules of international law and international treaties and conventions - Enforcement of the death sentence - The President's authority to exercise the power of mercy - What constitutes life Imprisonment?" The 7 issues raised by the Petitioner were addressed by the Court in great detail. The Court's response to the first and second issue was that, it is without a doubt the right of an accused person to know the sentence that they will meet should they be found guilty of an offence. Further, it was held that the death sentence is clearly provided for in law and is as such not contrary to the Constitution, since the sentence is a limitation to the right to life contemplated by the Constitution. In addition to that the Court in citing Court of Appeal decisions on the constitutionality of the death penalty stated: "As a High Court exercising constitutional jurisdiction, although comprising three judges, we have no jurisdiction to review decisions of the Court of Appeal. Such uncertainty as may be deemed to exist in Kenyan law with regard to the death penalty as has not been sufficiently addressed by the Court of Appeal can only be addressed by the Supreme Court." On the 3rd issue, the Court held that the wording of the Penal Code, which provides for the mandatory death sentence, does not leave any room for the court to exercise any discretion in matters of sentencing. The Court then addressed the 5th and 6th issues simultaneously stating as follows: "The power to order the execution of the death penalty, or to commute it to a term of years or a life sentence, or to pardon the person convicted, is expressly vested in the President by law... The law is thus clear that the responsibility for determining whether the death penalty is enforced or not lies on the President; the role of the Commissioner of Prison being solely to carry out or direct the carrying out of the execution." Pertaining to the fourth issue, the court held that the death penalty is permitted by the Constitution and Statute, and is not in contravention of Kenya's obligations under international law. The Court however, stated its opinion as follows: "In our view, the failure to carry out executions for years after the sentence of death has been passed, and the appellate process has come to an end amounts to an unconstitutional act and a violation of the rights of those convicted and therefore agree with the reasoning that it amounts to cruel and degrading treatment or punishment." The court then added that: "The answer, in our view, lies with the executive and the people of Kenya through their elected representatives in the national legislature. The President has the power to sign death warrants in respect of convicted offenders who have been sentenced to death, or commute the sentence of death to life imprisonment, which he has done in the past under powers vested in him." On the 7th and final issue the court concurred with the Petitioner that it is unclear what amounts to a life sentence and stated that: "As submitted by the Petitioner, however, what amounts to life imprisonment is unclear in our circumstances. "It is, however, for the court to determine what should amount to a life sentence; whether one's natural life or a term of years. In our view, that is also the province of the legislature." In making its final remarks, the court stated thus: "While we are satisfied that, on the basis of the existing constitutional and statutory provisions and judicial precedents, the death penalty is not unconstitutional, we are of the view that the failure to carry out the death sentence indefinitely is unreasonable and does not accord with respect for the constitutional rights of those who have been found guilty of capital offences and sentenced to death. The responsibility to issue death warrants or to commute the death penalty to life imprisonment lies with the President and not the courts. As to what amounts to life imprisonment, that is a matter for the legislative branch of government." The uncertainties, indeed legal mockery, of sentencing policies, are resulting in contradictory interpretations and courts and the justice system hardly proving deterrent to crime. The President, the Supreme Court, the legislature and the people of Kenya at large need to take pro-active steps to put these matters to rest once and for all! (source: standardmedia.com) UNITED ARAB EMIRATES: Man sentenced to death appears in Abu Dhabi court over visa dispute A prisoner who has been given the death penalty for murder on Tuesday asked a court what could be achieved by trying him over an immigration issue. "I have already been issued a death sentence and now you are asking me about a labour visa issue? What more can be done? What does prosecution want from me more than a death sentence?" said A?K from Egypt. "The court wants me to pay a fine of Dh100,000? If I had that money I would have offered to pay it as blood money for the murder. How will I be of any benefit to you? I have been sentenced to death." He was accused of illegally recruiting 2 labourers at a bakery he co-owned with an Emirati. "They trained for us for 2 days and then left," he said. "When police caught them they gave my name saying they worked for me." Chief Justice Sayed Abdul Baseer asked why he had lodged an appeal if he did not want to appear in court. He answered that he only wanted to appeal against his death sentence. The judge scheduled the verdict for October 21 but the accused asked for it to be a day earlier. "Can you make it on the 20th because I have to come anyway in front of the other judge for the murder appeal," he said. He was given the death sentence for killing a Palestinian man on December 30 last year after a dispute over Dh250,000 he had borrowed from the victim. He killed the Palestinian with a brick and burnt the remains to try to disguise his identity, then hid them in an alley in Mohammed bin Zayed City. Police said he confessed to the murder. (source: The National) SAUDI ARABIA: Saudi Arabia sentences outspoken Shi'ite cleric to death-brother A Saudi judge sentenced to death a prominent cleric on Wednesday who has called for greater rights for the kingdom's Shi'ites, the cleric's brother said, 2 years after his arrest prompted deadly protests in the oil-producing east of the country. Sheikh Nimr al-Nimr was detained in July 2012 following demonstrations that erupted in February 2011 in Qatif district, home to many of the Sunni-ruled country's Shi'ite minority. His brother, Mohammed al-Nimr, reported Wednesday's sentencing on his Twitter account. The sentence could raise tensions in Qatif, which has historically been the focal point of anti-government demonstrations demanding an end to discrimination, but where the frequency of protests has died down over the past year. Last year a prosecutor said he was seeking to convict Nimr for "aiding terrorists". Former interior minister Prince Ahmed bin Abdulaziz previously accused Nimr of being "mentally unbalanced". His capture, during which he was shot and wounded by police, prompted several days of protests in which three people were killed. Protests continued sporadically in Qatif, where more than 20 people have died in violence, until 2013. Nimr has become the most prominent cleric calling for more rights for the Shi'ite minority and is accused by the government of helping to instigate the unrest which broke out in Qatif during the Arab uprisings in 2011. However, he has not called for violence against the government or Sunnis, say Shi'ites in the Eastern Province. They say he is portrayed as an extremist because he does not accept that conditions for Shi'ites will be improved by negotiations with authorities. "(The death sentence) will shock everyone here and it will reduce very much the credibility of the state among Shi'ites. I think the government is giving a show of strength against anyone who thinks of opposition," said Tawfiq al-Seif, a community leader in Qatif. Earlier this year two other Shi'ite men involved in the protests were sentenced to death, including Ali al-Nimr, the son of Mohammed al-Nimr, who was a minor at the time of the demonstrations. The sentences have yet to be carried out. DEATH PENALTY Mohammed al-Nimr did not give details of the sentence against Sheikh Nimr in his Tweet, but said that the judge had rejected a verdict of hadd al-haraba, or rebellion, which carries the additional penalty of publicly displaying the body. People in Qatif remain hopeful that the death sentences passed against Nimr and the other men will not be carried out, Seif said. "Probably they want to show people the sword but not actually use it," he said. Saudi courts have also sentenced more than a dozen Sunni militants to death this year for their part in attacks on foreigners and officials that killed hundreds during an al Qaeda campaign between 2003 and 2006. Last year the conservative Islamic kingdom executed more people than any other country except China and Iran, most of them by public beheading. Shi'ites say they face discrimination in seeking education or government employment and that they are spoken of disparagingly in text books and by some Sunni officials and state-funded clerics. They also complain of restrictions on setting up places of worship and marking Shi'ite holidays, and say that Qatif and al-Ahsa, another region with a large Shi'ite population, receive less state funding than Sunni communities of equivalent size. The Saudi government denies charges of discrimination. King Abdullah has appointed three Shi'ites to the 150-strong advisory Shura council and included Shi'ite leaders in "national dialogue" meetings where officials hear from representatives of different groups in society. (source: Reuters) EGYPT: Egyptian court upholds death penalty imposed on three Seychelles nationals The highest Court of Appeal in Egypt has upheld the death penalty imposed on 3 Seychellois nationals convicted of drug trafficking, the Seychelles Ministry of Foreign Affairs (MFA) says it has learnt today. In a press statement issued this afternoon, MFA said the 3 men who are currently being detained in Egypt's Qena prison have lost their appeal against the death sentence imposed on them last year. Ronny Norman Jean, Yvon John Vinda and Dean Dominic Loze were sentenced to death by execution on April 7, 2013, the sentence was confirmed on June 3, 2013. Ever since the death sentence was imposed on the 3 Seychellois nationals, the Seychelles government had been appealing to the Egyptian government to commute their sentences to life imprisonment. "Although it is the government's policy to respect the sovereignty and judicial process in other countries, it nevertheless upholds the rights of its citizens to a fair trial. To this end, whilst reassuring the Egyptian authorities of its "zero tolerance" policy against drug trafficking, the Government wrote in 2013 to the Egyptian to appeal for a fair trial and the avoidance of capital punishment which does not exist in our legal system," reads the MFA statement issued this afternoon. "In the same vein, the Government took all measures practical and feasible to ensure that the Seychellois obtained the required legal and consular representation." The decision made known today implies that execution orders will now follow. However, the Ministry of Foreign Affairs did not specify if a date had been set for the sentence to be applied. Executions are usually carried out by hanging in Egypt. In spite of the recent development the archipelago's Ministry of Foreign Affairs have made known the government's intention to continue negotiating with the Egyptian authorities on the matter. ".....the Government is not relenting in its efforts to pursue all possible diplomatic and legal avenues in consultation with the Egyptian authorities to avert the death penalty," concludes the MFA statement. The 3 Seychellois men were arrested on April 22, 2011 by the Egyptian police onboard a boat near the Red Sea coastal town of Marsa Alam. They were together with a British national identified as Charles Raymond Ferndale, who is said to be the owner of the vessel and another Pakistani national. They were accused and charged for attempting to smuggle 3 tonnes of hashish, worth almost 3 million pounds, in 118 bags into Egypt. It is believed that the drugs found in the South African flagged vessel originated from Pakistan. All 5 men were sentenced to death, but the Pakistani national was said to have fled the scene and was sentenced in absentia. (source: Seychelles News Agency) *************************** Egypt court signals death penalty for 7 jihadists in Sinai case An Egyptian court has recommended death sentences for 7 men, including a prominent Islamist militant, charged with killing 25 policemen last year in an attack near the border with Israel, a judicial source said on Tuesday. He said the court had referred the case to the Grand Mufti, Egypt's highest Muslim authority, whose opinion is typically sought on capital punishment but whose decision can be disregarded. "The court decided by consensus to send the case to the Grand Mufti," he told Reuters. (source: Jerusalem Post) From rhalperi at smu.edu Thu Oct 16 16:32:07 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 16 Oct 2014 16:32:07 -0500 Subject: [Deathpenalty] death penalty news----ARIZ., WASH., US MIL., USA Message-ID: Oct. 16 ARIZONA: Sex, Lies And Murder: Key Dates In The Jodi Arias Case The story of Jodi Arias, the bespectacled murderess awaiting sentencing in the brutal slaying of her ex-boyfriend, has routinely captured headlines around the world. For 5 months in 2013, the Arias jury - and trial watchers from around the world - were captivated and sickened by the brutality of Arias' crimes and the perverse sexcapades, the most lurid details of which came directly from the defendant's mouth during 18 days on the witness stand. Arias sought to portray herself as a physically and emotionally battered woman, forced to succumb to her boyfriend Travis Alexander's perverted desires. The prosecution argued that she was an eager partner, who turned into an obsessive stalker once rejected. Arias' over-the-top jealousy came to a boil on June 4, 2008. Alexander was found dead in his bathroom shower, with more than 2 dozen stab wounds over his naked body. His throat had been cut from ear to ear and he was shot once in the head. At first, Arias told police she simply wasn't there. She even reached out to her ex-boyfriend's family to mourn with them. Then, when damning photographs tied her to the crime scene, she maintained that masked intruders stormed Alexander's home, and that she kept silent in fear of reprisals. She would later tell jurors that she'd been so abused by Alexander, she couldn't recall specific details of the incident. An expert called to the witness stand by her lawyers attributed this to post traumatic stress disorder. Arias' changing story no doubt played a part in the jury finding her guilty of 1st-degree murder. Her bizarre accounts of her personal life - and her obsessive behavior - only made it harder for the jury to sympathize with her. "It is like a field of lies has sprouted around her as she sat on that witness stand ... every time she spat something out, another lie, another weed would grow," Maricopa County prosecutor Juan Martinez told jurors. But when the trial reached the penalty phase, the same panel of jurors were deadlocked over whether to spare her life or give her the death penalty. Next week, the penalty phase retrial is set to play out in a Phoenix courtroom as Martinez once again attempts to convince a new jury to send Arias to death row. The retrial, which The Huffington Post will be live blogging, will take a new panel of jurors through the same salacious evidence. The defendant's guilt is no longer in question, but her sentence remains in limbo. (source: David Lohr, Huffington Post) WASHINGTON: Former Justice Robert Utter dies at 84; he took a principled stand against death penalty Former state Supreme Court justice Robert Utter, who had resigned in protest of the court's handling of death penalty cases in 1995, died late Wednesday at the age of 84. The Administrative Office of the Courts announced the death, and a public service is planned. Utter served on the court for 23 years and in retirement had worked with his wife Betty in Rwanda on a University of Washington project that dealt with how courts approached justice in the aftermath of genocide that took 800,000 lives in a 100-day fury of ethnic murders by Hutus and Tutsis in that African state in 1994. "One of the things about my dad is he was a humanitarian through and through - including with his family," son John Utter said Thursday. "He certainly never gave up on us. I think he showed that in his life - he never gave up on people. He created a lot of deep friendships that way and inspired a lot of people." In an interview published by The Olympian and News Tribune in February, Utter talked about his feelings of profound relief that Gov. Jay Inslee this year had issued a moratorium on executions through the remainder of his term, which runs to January 2017. Utter had resigned in a protest of what he thought was a consistent failure of the court in that era to adequately consider proportionality in weighing capital sentences. At the time of the interview, Utter was on hospice, living in the Budd Inlet home he shared with his wife. His cancer had metastasized and he also had Parkinson's disease. He was asked what he hoped history would remember him for, and in remarks not published at the time, he said: "I think it is the consistent effort to provide the opportunity for every individual to utilize their capacity as a human being. And the effort that society places into the life of every person - the ability to utilize those gifts that we all have and to share them with others." Utter indicated his remarks were in part a reference to work he???d done to launch a Big Brothers and Sisters organization, but which also extended to his Rwanda work where he saw people learning to live side by side with people who had killed their relatives. "The thing I think of - I'm looking for a thread - is my belief that the actions of ordinary people to show love and forgiveness and charity can truly affect people's lives," Utter said. Utter had co-founded the Seattle chapter of Big Brothers in 1958, the state's 1st, according to an in-depth piece about Utter by former newspaper editor John Hughes for the state's Legacy Project. The project collects oral histories of leading state political and historical figures. Hughes wrote that Utter was "a tireless mentor" and also "helped launched a Thurston-Mason chapter in 1982 and played a key role in the YMCA's Youth & Government program, which in 1997 named its top award in his honor." Utter also had written an opinion in 1978 that established a battered woman's right to self-defense. And he led a King County task force in 1997 that led to therapeutic courts that focused on mental health. In his profile, Hughes quotes former justice Richard Sanders summing up Utter's legacy: "Utter always seemed to be the judge's judge," Sanders says. "Ultimately, he resigned because of his abhorrence of the death penalty. That's the kind of justice we need - someone who really cares about this stuff. Now, in retirement, he's been all over the world promoting a vigorous independent judiciary. It's a privilege to sit in the same chair where he once sat." Utter is survived by his wife, Betty; 3 adult children including John, Kirk and Kimberly; and 4 grandchildren. (source: The News Tribune) US MILITARY: Airman to Face Death Penalty in Killing of Woman, Unborn Child A senior airman at Robins Air Force Base accused of killing his fiancee and their unborn child for $1 million in insurance money is now facing the death penalty. Charges against Charles "Charlie" Amos Wilson III were sent to a general court-martial as a capital referral, according to a base news release Tuesday. "That means that, if the accused is convicted of premeditated murder, a death sentence would be a potential punishment that the members would consider," the release stated. Lt. Gen. Bruce Litchfield, the general court martial convening authority, made the referral Thursday. Wilson was arrested Aug. 31, 2013, on charges of murder and feticide after an investigation by the GBI and Terrell County Sheriff's Office into the shooting death of 30-year-old Tameda Ferguson. The body of Ferguson, who was 8 1/2 months pregnant, was found in her Dawson home on the early morning of Aug. 29, 2013. The case was turned over to the U.S. Air Force at its request. At the time of a May 6 military Article 32 hearing, Wilson was facing a multitude of military charges, including premeditated murder, death of an unborn child and obstruction of justice. Wilson's attorney at the Article 32 hearing said Wilson is expected to plead not guilty. A new military attorney is expected to be appointed now that it is a capital case. Arraignment is scheduled for Oct. 22 at the Naval Consolidated Brig in Charleston, South Carolina. A trial date has not been set, but Col. Vance H. Spath, the chief trial judge of the Air Force, has been assigned to the case as the military judge. Wilson is a senior airman in the 461st Aircraft Maintenance Squadron. (source: Military.com) USA: Studies confirm: death penalties deter many murders at far less cost On Sept. 17, Texas executed Lisa Coleman for murdering a 9-year-old child. Death penalty opponents argue that, even in the most heinous cases, executions are just too costly, and that society would do better to substitute life-without-parole sentences for lethal injections. Before examining the death penalty's costs and benefits, though, let's consider why Coleman landed on death row. Devontae Williams was the son of Coleman's girlfriend. When found by paramedics, his emaciated corpse weighed only 36 pounds - approximately half the normal weight of a child his age. His body had stopped growing long before he starved to death. Further examination revealed that Devontae had suffered more than 250 distinct injuries, including cigarette burns and scars from the ligatures that had bound him. Prosecutor Dixie Bersano noted, "There was not an inch of his body that had not been bruised or scarred or injured." The medical examiner ruled his death was due to malnutrition, with pneumonia as a contributing factor. Some crimes are so inherently evil they demand strict penalties - up to and including death. Most Americans recognize this principle as just. Gallup polls show continuing broad public support for the death penalty. While foes of capital punishment have failed to change public opinion, they have succeeded in increasing the time it takes to carry out a death sentence. The U.S. Department of Justice reports that the average length of time from sentencing to actual execution increased from 74 months in 1984 to 190 months - nearly 16 years - in 2012. Such excessive delays fuel increased costs, which death penalty opponents then publicly lament without any apparent sense of irony. It's hard to estimate death penalty costs. They vary according to state requirements and procedures. That said, an Urban Institute study of Maryland cases resulting in a death sentence estimated that each cost taxpayers an average of $3 million in lifetime costs - $1.9 million more than no-death-notice cases. That's a big cost differential. But does the punishment have any benefits? In 2008, Drexel University economist Bijou Yang and psychologist David Lester of Richard Stockton College of New Jersey conducted a comprehensive review of capital punishment research. They concluded that, since 1975, the majority of studies tracking effects over many years and across states or counties found a deterrent effect. One particularly good study, based on data from all 50 states from 1978 to 1997 by Federal Communications Commission economist Paul Zimmerman, demonstrated that each state execution deters an average of 14 murders annually. Placing a monetary value on a life is a sensitive matter, but consider this. Syracuse University Professor Thomas J. Kniesner and his colleagues estimate that, to reduce workplace fatalities, the public is willing to pay from $4 million to $10 million in regulatory costs for each life spared. Based solely on monetary terms and using Professor Kniesner's lower-bound estimate of $4 million, the lifetime cost of a capital-eligible case that results in a death sentence would need to exceed $56 million for it to outweigh the public's willingness to avoid being murdered. Yes, the death penalty costs money, just like any other criminal justice sanction. But these are expenses that protect innocents, hold society's most vicious criminals accountable, and are legitimate functions of federal and state governments. Throughout the long, torturous murder of Devontae Williams, Lisa Coleman had multiple opportunities to show mercy on her victim. She had none. Moral indignation is an appropriate response to inherently wrongful conduct, such as that carried out by Coleman. But in determining the proportionality of punishment, it is right for lawmakers to place special emphasis on the moral gravity of offenses. The cost of death penalty cases is certainly not trivial. But the deterrent effect yields a most valuable benefit. The death penalty saves lives. (source: David B. Muhlhausen is a research fellow in empirical policy analysis at The Institute for Economic Freedom and Opportunity at the Heritage Foundation, a conservative think-tank on Capitol Hill----GazetteXtra) ******************************** "Pulling Back the Curtain" on Lethal Injection PLOS Medicine Associate Editor, Thomas McBride, reflects on the 2007 research article that investigated whether lethal injection consistently induces a painless death. The December 7, 1982 execution of Charles Brooks Jr. in Texas marked the 1st use of lethal injection, conceived as a painless and more "humane" alternative to the electric chair. With the patient laying on a gurney, heart monitored by an ECG and an IV drip in arm, the new procedure certainly looked like a controlled death delivered by medical science. Over the next 3 decades lethal injection would become the most common form of execution in the United States and worldwide. But when reports of complications arose, the public and lawmakers began to question whether inmates were being forced to needlessly suffer. By 2006, 11 states had suspended executions while they considered changing the protocol. In a 2007 PLOS Medicine research article, Leonidas Koniaris and colleagues asked whether lethal injection truly delivers a consistently painless execution. The article was an interesting choice for a medical journal. Despite appearances, lethal injection is anything but a controlled medical environment. Ending the life of a physically healthy person against his or her will is antithetical to medicine, which is why the technician who attaches the IV is not a doctor or nurse. The protocol was designed not based on experimental evidence, but the personal experience of Oklahoma state medical examiner Jay Chapman. Academic editor Clifford Woolf recalls the decision to publish was a "tough call, since it could be argued the paper better belonged in journal specializing in ethical or legal issues." In an Editorial that ran in the same issue, the PLOS Medicine Editors expressed hopes that the data presented in the research article would convince US lawmakers that execution is inhumane. The topic was also a departure from the norm for Koniaris and his colleagues, primarily cancer researchers. Lead author Teresa Zimmers recalls it was difficult to fit this research around their "day jobs" but that despite the sacrifices, they were "excited to add knowledge about the process and to help shape the debate." Adding to the authors' difficulty, while lethal injection has been practiced in 37 different states, and a number of states collect data on their executions, only a few states release this information. The authors worked with what they could get their hands on. The states who did allow the researchers access to data all used versions of the three drug protocol originally devised by Chapman: 1) The fast acting anesthetic sodium thiopental, expected to render the inmate unconscious and induce death "within 1-2 minutes" by depressing respiration. 2) The paralytic pancuronium bromide, which should also stop respiration. 3) Potassium chloride, which should produce cardiac arrest. It was thought that any of the three drugs would be lethal on their own; the only reason to use them in combination was redundancy. Data from executions told a different story. Koniaris and colleagues found executions that questioned the effectiveness of each of the drugs. Using data on body weight from the North Carolina Department of Corrections and the known pharmacokinetics of sodium thiopental, close to the range used for surgical anesthesia, and not enough to induce death on their own. [PS1] Data on the time course of executions from California supported this interpretation, as some inmates continued to breathe up to 9 minutes after thiopental was injected. In other cases, breathing continued after pancuronium bromide administration, and the heart continued to beat after potassium chloride was given. If neither the thiopental nor the potassium chloride doses can reliably produce death, respiratory cessation from pancuronium bromide was likely the cause of death in some inmates. This was almost certainly true in cases where the IV line was misplaced, pancuronium bromide being the only drug of the 3 that is effective when delivered intramuscularly or subcutaneously. Koniaris and his colleagues presented the possibility that some inmates were awake but paralyzed through some of the execution procedure, conscious as they suffocated to death. The authors' call for more states to release the execution data they had collected echoes PLOS' dedication to open access[PS2]. Though it was not a typical article for PLOS Medicine, its timeliness and the political nature of the topic likely drove the attention (over 21,000 views in its 1st year and 50,000 views through October 2014). Not everyone agreed with Koniaris and colleagues. There are some people who are not sympathetic to the suffering of those convicted of murders, and comments made on the article make it clear that their support of the death penalty is unwavering. In 2008 the US Supreme Court upheld Kentucky's method of lethal injection against a challenge that it violated the 8th Amendment's ban on cruel and unusual punishment. However, in Justice Ginsburg's dissenting opinion, she pointed out the potential the inmate would not be unconscious during the injection of the 2nd and 3rd drugs "poses an untoward, readily avoidable risk of inflicting severe and unnecessary pain." An unintended consequence of the article was a call for research into better methodology; in a 2008 PLOS Medicine Essay, Koniaris and Zimmers argued such research crosses a line into unethical human experimentation. And while lethal injections were approved to continue, the companies that formulate the sodium thiopental refused to supply it for use in lethal injection based on moral opposition. The supply shortage has delayed executions and some states are now adopting different drug protocols. Reflecting on this work and its impact, Dr. Zimmers expresses pride: "I feel we helped pull back the curtain on the shoddy medical charade that masqueraded as a humane death." PLOS Medicine agrees and is proud to have played our part to provide this information to the public. (source: PLOS blog) ******************************* Benghazi Suspects Issued New Indictments Including Death Penalty New indictments including a possible death penalty against Ahmed Abu Khatalla, a Libyan militant accused of involvement in the September 2012 attacks on the United States diplomatic compound in Benghazi, Libya, have been issued by a federal grand jury, according to The Associated Press. The indictment comes after earlier accusations brought against Khatalla in July, and adds 17 charges, including allegations he led an extremist militia group and conspired with others to attack the facilities and kill U.S. citizens, the AP reported. The new U.S. indictment also says Khatalla had been the commander of an militant Islamist militia called Ubaydah bin Jarrah, according to the AP. Khatalla, who has been already imprisoned, was captured in Libya in June by a U.S. military and FBI team and transported to the United States aboard a U.S. Navy ship to face charges in Washington federal court, CBS reported. Khatalla's attorney, public defender Michelle Peterson, cautioned against a "rush to judgment," adding that "It's certainly not the first time the government has been wrong about Benghazi," CBS reported. "It is important to remember that an indictment is merely a set of allegations or charges, it is not evidence," Peterson said, the AP reported. "We will vigorously defend Mr. Abu (Khattala)? in court where the government will be forced to prove his guilt, based upon actual evidence." 4 Americans were killed in the attack, including the U.S. ambassador to Libya, Christopher Stevens, according to the AP. Evidence later emerged that U.S. agencies had been warning for months about weak security and possible attacks against U.S. facilities in Libya. In media interviews before his capture by U.S. forces, Khatalla denied involvement in the attacks against a compound used by the State Department as a consular office and a nearby compound used by the CIA as its Benghazi base, CBS reported. (source: Headlines & Global News) From rhalperi at smu.edu Thu Oct 16 16:32:57 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 16 Oct 2014 16:32:57 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 16 IRAN: Sunni prisoners beaten by prison guards 2 Sunni prisoners of conscience awaiting execution in Iran, brothers Jamshed and Jahangir Dehghani, along with their family who were visiting them, were beaten by prison guards today in Rajai Shahr prison in Karaj, Iran. According to the report of Human Rights Activists News Agency (HRANA), the attack took place today in the meeting room of the prison, where the family of the 2 prisoners had been allowed to meet them for the 1st time in months. The family had originally been permitted to meet the men for 40 minutes, but after just 10 minutes prison officers told the family that the meeting was over and that they had to leave. According to eyewitnesses, after Sunni prisoner Jamshed Dehghani had complained about the order, prison officials as well as soldiers on duty in the prison began beating the men. The family members of the prisoners, including the men???s two elderly parents, 2 sisters, as well as a young child, were also reportedly assaulted by the prison guards. The men's Sunni beliefs were also insulted. Witnesses reported that during the attack, one of the prison guards said, "these filthy Sunni guys should be hanged [executed] from the top of this meeting room". (source: Human Rights Activists News Agency) INDONESIA: Change of president means unsettling time for Indonesia's death row prisoners On October 20, Susilo Bambang Yudhoyono will step down as President of Indonesia after two five-year terms, and Joko Widodo will be inaugurated. What will be the potential impact of the change of Presidency on those prisoners on death row in Indonesia, which include Australians Andrew Chan and Myuran Sukumaran? Mr Yudhoyono has a mixed record on the death penalty. Under his 10-year presidency, 14 prisoners were executed for premeditated murder, three for terrorist offences, and 4 for drug trafficking. However, executions by the state declined notably in his 2nd term with no prisoner executed between 2009 and 2012, in part because of domestic concern over the fate of Indonesian domestic workers sentenced to death abroad. Around 140 people remain on death row in Indonesia. 30 to 40 of these prisoners have exhausted all options of appeal. Their fate rests solely with the Attorney-General's Office, which bears the responsibility for carrying out executions, though possibly with the president's tacit consent. For another 40 or so prisoners who have had no luck overturning their death sentences in the courts, the final option to avoid the firing squad is presidential clemency: the power of the president under the Indonesian Constitution and the 2010 Clemency Law to reduce a death sentence to life imprisonment. Over the last weeks of his presidency, Yudhoyono has faced up to 40 clemency petitions from prisoners on death row, and hundreds or even thousands of petitions from non-death row prisoners seeking to reduce the length of their prison sentences. Unless they have already been decided on, Chan's and Sukumaran's mercy petitions will be among those sitting on the president's desk. What will happen to these petitions as Mr Yudhoyono leaves office and the Widodo administration steps in? 4 possibilities exist. 1st, Mr Yudhoyono could grant all of the clemency petitions put before him. Death row prisoners and their relatives will hope Mr Yudhoyono authorises a mass grant of clemency, as has frequently occurred in the United States, where State Governors have pardoned numerous prisoners upon leaving office, reasoning there is no political cost in doing so. With the speculation that Mr Yudhoyono plans to pursue a career at the United Nations, a mass commutation of death sentences would be well received, given a majority of UN member states have now abolished the death penalty in law or in practice. This option could see Chan and Sukumaran spared from the firing squad, though they would still face a life sentence. The 2nd option is that Mr Yudhoyono grants some petitions and rejects others. There is a precedent since, in October 2012, the president granted 19 of 128 clemency petitions (including four death sentence reductions) for drug trafficking cases between 2004 and 2011. The decisions here could be made on the basis of humanitarian considerations such as good behaviour in prison, expressed remorse, or sufficient time already spent on death row, as well as political considerations such as relations with foreign states. Notably, the Governor of Bali's Kerokoban Prison has already expressed support for Chan's and Sukumaran's appeals for clemency due to their good behaviour. However the Indonesian Supreme Court, which has a formal role in giving advice to the president on clemency, reportedly does not support Chan's petition. The 3rd alternative is that Mr Yudhoyono rejects all pending petitions. Chan and Sukumaran, plus the many other prisoners affected, would have to consider any remaining legal options to avoid execution, including constitutional challenges. An impending execution could be challenged based on the cruelty of excessive time spent on death row, a new one-year deadline for clemency petitions impeding an effective legal defence, or even Mr Yudhoyono's own tardiness in responding to the petitions (Chan's and Sukumaran's mercy pleas should have been decided on by the president more than 18 months ago, according to time-limits set by the 2010 clemency law). Finally, if he does not want to make a decision, Mr Yudhoyono could simply pass off the pending clemency requests to the new president. In the end, this may be the most likely outcome, as it will save Mr Yudhoyono from dealing with any political fallout. The Widodo administration isn't likely to be as punitive as a Prabowo Subianto Presidency would have been (while campaigning, Mr Subianto stated that he was in favour of sentencing rapists and corrupt officials to death), yet the immediate abolition of the death penalty is still unlikely. Indonesia's public, government and religious institutions favour retention. Mr Widodo's treatment of clemency petitions is as yet unknown, but the longer they remain unanswered, political and legal pressure will build on the new president to dispose of the petitions by either rejecting or granting them. (source: Daniel Pascoe is an assistant professor at the School of Law, the City University of Hong Kong; The Age) MALAYSIA: Jobless man charged with butchering woman An unemployed man, who allegedly cut a woman into pieces and set the body parts on fire, has been charged in court and faces the death penalty if convicted. Abd Khalid Md Isa, 43, who is believed to be the victim's boyfriend, is accused of murdering Rohani Hashim, 30, whose remains were found in Juru, Penang, on Oct 1. He allegedly committed the offence at a house in Jalan Pengkalan Datok Keramat in Bukit Tengah here between 4pm on Sept 29 and 6pm the next day. It is believed Rohani had wanted to end her relationship with the accused. No plea was recorded from the accused. The offence under Section 302 of the Penal Code is non-bailable. It was reported that police believed the accused murdered Rohani and set her body on fire in an attempt to conceal the crime. The gruesome find was made by a villager and the suspect was arrested in Bandar Baru, Kedah, the same day after police received a tip-off. Sessions Court judge Musyiri Peet fixed Dec 15 for mention. DPP Lim Saw Sim prosecuted the case while Abd Khalid was unrepresented. (source: Asia One) ORGANIZATION OF AMERICAN STATES: OAS Lecture Series Examines Universal Abolition of the Death Penalty The 56 Lecture of the Americas of the Organization of American States (OAS) discussed on Tuesday in Washington DC the issue of the abolition of the death penalty, as part of the commemoration of the International Day Against this punishment on October 10. The event featured a keynote address by the President of the International Institute of Human Rights and former President of the European Court of Human Rights, Jean-Paul Costa, entitled "Reflections on the Abolition of the Death Penalty." Opening the event, the OAS Secretary General, Jose Miguel Insulza, said that the issue "is no stranger to the OAS, particularly to the Inter-American Commission on Human Rights that recently issued a new call for the abolition of the death penalty," recalling in this regard the significant contribution that the Commission has made to the topic. In this regard, the Secretary General referred to a report published in 2012 on the restrictions to the abolition of the death penalty in the Hemisphere and recalled that although the inter-American instruments on Human Rights do not explicitly prohibit its imposition, they "place on it significant restrictions and limitations, particularly in its application and scope." The leader of the hemispheric institution also referred to the "long abolitionist tradition" that characterizes the Hemisphere, where 19 states have abolished it for ordinary crimes and where in 15 it is still legal "but with a moratorium on executions and there is only one state that continues with this practice." Secretary General Insulza recalled that this is a controversial topic in the region. "Some mistakenly think that the application of the death penalty is a deterrent. It is important, however, to note that for some time it has been proven that when you want to deter criminals what you have to do is to ensure that justice is done; the magnitude of the penalty is less important than the certainty of punishment," he said. Likewise, the OAS leader urged strengthening of the institutional network and of all the judicial and prosecutorial systems, "above all an adequate rehabilitation system." He insisted that the death penalty has never been shown to be a deterrent and stressed that "this is not a topic on which we can have an official position of the Organization, but it is worth noting that in 34 of the member countries it is no longer practiced." During his presentation, Judge Jean-Paul Costa analyzed how the abolition of the death penalty has gained ground in many regions of the world, saying that in several countries it has been eliminated "either by law or in practice." He said that currently about two thirds of the United Nations member countries have abolished it for all crimes and sixty still maintain it as part of their legislation. Judge Costa added that the abolition approaches vary from region to region being Europe the continent where the fewest executions have been carried out in recent years. "In Africa, 17 of 48 states have abolished the death penalty by law and there has been a positive trend of not using its application." "The instruments of greater influence at the international level tolerate the death penalty, including the Universal Declaration of 1948 and the 1966 International Covenants on Human Rights which do not prohibit it," said the President of the International Institute of Human Rights, but recalled that "more recently international bodies such as the Inter-American Commission on Human Rights and the African Commission on Human Rights have called for its abolition." "The world has moved forward in the abolition, though large, populous countries still have it as in the cases of China, India, Indonesia, Japan and the United States," he said. Judge Costa referred to the Resolution adopted by the UN Human Rights Council last June 26 which for the first time "deplored the human rights violations resulting from the application of the death penalty." The Resolution urges states that have not done so to "protect the rights of those convicted to the death penalty" and called for avoiding the application of this punishment to people under 18 years old. Costa said that on October 10 and 11 the International Conference on the Universal Abolition of the Death Penalty took place in San Jose, Costa Rica which sought "to raise awareness among judges, lawyers, NGOs and civil society on the importance of working together for the abolition of the death penalty "and said the goal is to achieve universal abolition by 2025. When talking about the future prospects of the death penalty, the former President of the European Court of Human Rights stated that "it is an uncertain future," and noted that "on one hand we have the political and security situation in many regions that affects the strength of the movement due to conflicts and large-scale terrorism, organized crime, and trafficking in persons; and on the other hand we have the evolution of the past 20 years that shows a clear trend towards abolition in practice or by law." "From my perspective, without the efforts of the entire society it will be very difficult to achieve the goal we have proposed to abolish the death penalty," he said. Following the presentation of Judge Costa, the Assistant Executive Secretary of the Inter-American Commission on Human Rights (IACHR), Elizabeth Abi-Mershed, summarized the work that the Commission has done in the field and especially its role in the establishment of international standards for the application of the death penalty. "The Commission was the first international human rights body to assess the consequences of the mandatory application of the death penalty in the enjoyment of human rights, concluding that it is inconsistent with the rights to life, humane treatment and due process," explained Abi-Mershed. She also referred to the report entitled "The Death Penalty in the Inter-American Human Rights System: from restrictions to abolition" in which the human rights framework applicable to the death penalty is analyzed and which presents guidelines to address its abolition. "The decisions of the IACHR and the Court have become a decisive guidance on legal reforms in the region," said Abi-Mershed and commented that the way the Commission has dealt with cases involving the issue of capital punishment and as its recent position to call for its abolition of capital punishment "shows that in the framework of the OAS there is a potential to become a motor for change." For his part, the Permanent Representative of Costa Rica to the OAS, Pablo Barahona, analyzed the various historical and political aspects of the capital punishment in the region and in the world, stating that "the best seismograph of a country is its Penal Code, it shows what are the protected legal interests and sets the sentences, and thus sets the scale of order," and described the death penalty as a "savage criminal sanction," and the "product of a very limited policy and a mirror of the most basic ignorance." Ambassador Barahona agreed with the view presented by Secretary General Insulza regarding the inapplicability of "the alleged preventive or deterrent purposes of the death penalty," stating that it "does not prevent violent offenders, as violent crimes are usually the most irrational, nor does it teach anything good to others." Ambassador Barahona recalled how his country became one of the first to abolish the death penalty, "Costa Rica has reaffirmed through its political history its strong commitment to the universal abolition of the death penalty, and thus its defense of life," he noted and recalled that by 1945, just 7 subscribing countries to the UN Charter of had abolished it and that by 2008,"141 countries dispensed with this dishonorable punitive practice." He also recalled that according to figures from Amnesty International in 2013 there were at least 1,925 death sentences in 57 countries and that today there are more than 23,000 sentenced to death worldwide awaiting execution. "Among them there will be innocents, we know that." He concluded by noting that the death penalty "does not bring justice, not even order, but demonstrates its failure; it is not even the failure of the law, it is the failure of the whole society, and to some extent, our own failure." At the conclusion of the event, the Permanent Observer of France to the OAS, Jean-Claude Nolla, offered appreciative words to the presenters and examined the relationship between the death penalty, human rights and democracy. "The vast majority of international texts mark a separation between the death penalty and human rights," he said, recalling that in many countries in Europe and America it is described as "cruel and inhuman." He also analyzed the three arguments that support abolition "the judicial error that kills the innocent, the ineffectiveness of the death penalty and the idea of the integrity of the human person that does not seem to be compatible with the penalty itself" and commented in this regard that "all the arguments are valid." Finally, he urged the OAS member countries to act as an institution, delivering a united message for the abolition of the death penalty. Prior to the Lecture, Secretary General Insulza held a private meeting with the panelists participating in the same. The 56 Lecture Series was moderated by the OAS Secretary for External Relations, Alfonso Quinonez. (source: Bahamas Weekly) NIGERIA: Nigerian Soldiers: Mutiny And Preachment Of Ignorance At the risk of being pressed with unprintable names, I wish to view with complete dissonance the preachment in respect of the 12 mutinous soldiers recently sentenced to death by firing squad. The arguments and pleadings for reprieve lack merit and have exposed the discussants' total ignorance of the fundamental issues at stake. So far, all efforts at lucid presentation are at best a puerile attempt to drag a serious matter into the mud of public opinion and sentiment. Most discussants are of the opinion that the court martial which tried the soldiers in Abuja was high-handed and too severe in its verdict. The more forceful and apparently coherent the discourse has tended to be, the more the discussants lapsed into critical illogic of argument based on ignorance. Even as the ranting of the so-called intellectuals raged, 60 other soldiers are currently being tried in the military court for similar offences, some of which carry the death penalty. Some intellectuals have bumped into issues about which they are hazy. The military is not a university system and is therefore not fertile for the cultivation of cultism. There can never be proliferation of divergent views as found in academic places. It is not a field where dissidents in the guise of trade unionism spurt and war against constituted authorities with fiendish relish. There is a very wide chasm between the military and the political scene as the former cannot therefore breed virulent opposition that toys with treason with discomfiting impunity. The military has zero tolerance for thuggery, brigandage, gerrymandering, bizarre policy somersaults and brazen chicanery that are rife on the political turf. The military, anywhere in the world, cannot make pretentions to being a democratic institution and can ill afford the laissez-faire fashion of politics. The army does not strive in the lackadaisical attitude of so-called specialist organisations like the Nigerian Medical Association, NMA, that could afford to abandon dying patients in wards across the country for 55 days just to press for improved service conditions. It is unlike the academic staff unions that felt no qualm leaving hundreds of thousands of students in the lurch for eight months and yet pocketed the salaries for such unprecedent job dereliction. Put succinctly, the military is a far cry from all civilian set-ups. Any attempt to posit what obtains in one with the other is bound to be an exercise of nullity. The military, anywhere in the world, is hierarchically structured and safely anchored on discipline exemplified in the mind frame Major General Muhammadu Buhari strove for 18 months in the 1980s to inculcate army discipline in the general populace. Discipline is the mainstay of the super-structural bulwark that supports the army. It is the thick insulator coating the highest calibre of armoured cable that channelled its dynamic energy to the very point of use. The army is a fighting machine infused with the instinct of a mad dog. It is designed to have the ferocity of a lion. Such energy is bottled up in discipline to ward off external aggression. Occasionally, this latent dynamo is unleashed on the civil society with unmitigated consequences, recently in Odi, Bayelsa and Saki-Biam, Benue states. Afrobeat legend Fela Anikulapo-Kuti hit the nail hard on the head with his hit - ZOMBE, though he paid dearly for such audacity. The military does not brook dissention, no recalcitrance, and no refusal of superior order, however barmy. Peace-keeping engagements are geared toward priming the army for major national assignment like the insurgency in the North-East. This may appear trite but it is true. At a monthly sensitisation meeting (durbar) with a battalion's Commanding Officer (CO) in the 1970s, a forum for picking the mind of non-commissioned officers (NCO), a soldier was opportuned to speak. He stood up, came spritely to attention and preceded his speech with: "Sir, I think....." The CO cut him short; telling the NCO to vacate the realm of 'thinking' comfortably occupied by him (commander) and be restricted to what he had in mind. That is it! Soldiers are by training pliant. They watch their words, deed, association and are taciturn. Disobedience is a very serious offence even in peace time. The word 'we' is excluded from military dictionary for this is mutinous. 2 or more soldiers saying NO in unison connotes pre-agreement and so deserves close scrutiny. Mutiny hangs in the air in every military establishment and is a sword of Damocles over every soldier's head. Yet this does not make the Army a dreary organisation. Rather it is a structure that strives on the edifice of implicit obedience. That mutiny in Maimalari Barracks, Maiduguri, Borno State, was the apogee of military rascality; it was the most reprehensible conduct in such milieu, an irresponsible ego trip by a band of misguided soldiers. No military condones mutiny. It is worse than the ebola virus disease (EVD) that is yet to find a cure. Even if EVD should find a cure, mutiny will never find any. Not even in the most advanced econo-medics. The soldiers who bit the mutiny bait in Maiduguri must be graciously permitted to face its attendant macabre dance. There is no short cut to it except to shear the Nigerian nation of its strength; akin to asking the army to cut its nose to spite its face. Those preaching forgiveness are too far from the realities on ground. They are asking for the destruction of Nigeria's edition of the most resilient institution in the world. Soldiering is a career that requires those in it to either kill or be killed. Soldiers must accomplish any order that has not been vacated. The argument that they were not fully equipped is inappropriate. More so, who closely examined the insurgents to pinpoint whether they were better kitted? Even if soldiers were to fight with their bare hands, they still cannot disobey superior order. Soldiers are not, and they can never be, part of the rash of indiscipline that saturates the civil society. The Army High Command may not be swayed by the avalanche of pleadings to rescind its recent decision to severely punish that crop of mutinous soldiers. Procrastination on such dire matter is bound to send the wrong signals that such enterprise could be pulled through without its grim consequences. There is no global precedence on such issue. Basically, soldiers are the civil society's expendable humans. Anyone afraid of death needs not stray into the army. The academics have destroyed the tertiary institutions. The politicians have smashed the polity to smithereens. The doctors are at liberty to look the other side while their patients die en masse due to crass abandonment. The economists have argued themselves hoarse about the way forward. Top dogs, in the days of military encroachment in politics, killed the Nigerian Army. Whatever is left of this national institution should not in any way cave in. Maintained or not, equipped with 18th century weapons or not, no soldier, even if drafted, has the right to take part in a riot or mutiny or feeble protest. Military is a call for sacrifice and the sacrificial lambs are the soldiers themselves. The civil society should allow the military to do its business. All said, the Army High Command may temper justice in this matter by not shooting the culprits. (source: Akin Owolabi, The News) GAMBIA: Teenage Gambian Girl Charged With Murder A teenage Gambian girl who allegedly killed her boyfriend for not buying an Eid (Tobaski) dress for their young daughter was Monday charged with murder. Mariama Konteh, 18, of Bakau Farokono, allegedly plunged a knife into Tijan Bah, 23, on 1 October 2014 in Bakau after a heated argument. Police said the teenager had a fight her boyfriend around 2am and in the process stabbed him with a knife on the left side of his neck resulting to his death. The teenager, who was since arrested, was allegedly taken in handcuff by police a day after the incident to view the boyfriend's body in Banjul mortuary before it was released to his family for burial. Sitting alone in the dock and looking confused, the teenager was told by Magistrate, Nyima Samateh of the Banjul court that she would be remanded at the Mile Two Prisons while the case is transferred to the Banjul High Court. If found guilty, the teenager could face the death penalty or life in prison without parole. (source: Jollof News) From rhalperi at smu.edu Thu Oct 16 16:33:53 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 16 Oct 2014 16:33:53 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 16 THAILAND: Pre-trial hearing underway for Koh Tao accused Pre-trial testimony began on October 14 in the case of 2 Myanmar migrant workers accused of murdering a vacationing British couple in Koh Tao, Thailand. The judge, defense team, and public prosecutors heard testimony from key witnesses in the case and the 2 defendants. While the public prosecutor already had access to the statements each witness gave to the police, having the testimonies read in court allows them to be officially added to the case file, under Thai law. For the next step, the police will make "modifications" to the case file based on the requests of the public prosecutor's office, according to Mr Andy Hall, a migrant rights expert who helped organize a pro-bono team of lawyers for the accused. Once the file is returned, the prosecutor's office will make the final decision over whether or not to take the case to trial. While October 15 is technically the last day the 2 Myanmar nationals can be held according to Thai law, the public prosecutor's office has asked for the detention to be extended another 15 days, according to Mr Hall. Speaking to The Myanmar Times via email, Mr Hall says this process can often stretch out for years in the Thai legal system, "but surely this will be rushed through." If convicted, both men could face the death penalty. The small island of Koh Tao, long a popular destination for tourists, has been the center of international media attention since mid-September, when the bodies of David Miller and Hannah Witheridge were discovered on the beach. After 2 weeks of investigation, Thai authorities identified 2 Myanmar migrant workers as suspects. Both men were brought in for questioning on October 1, where they eventually confessed after several hours of interrogation, according to Thai media. The arrests have been controversial because of reports suggesting the men may have been mistreated during their interrogation. Senior police officials in Ko Tao reportedly insisted from the start that the murder could not have been committed by a Thai person and made the Myanmar migrant worker community their focus, creating the perception that they may not have considered all options. Additionally, the investigation's credibility has been tarnished by widespread reports the Thai police tortured Myanmar migrant workers in the area in their quest for suspects, and similarly tortured the accused. On his Facebook account, Mr Hall raised further doubts about the fairness of the legal proceedings, as the defense team he helped assemble has had very little chance to consult with the defendants. "Appointed defense lawyers had 30 minutes with accused yesterday and arrived late last night. Right to fair trial means adequate prep time," he wrote. While the president's office said on October 9 that an independent commission would be formed to investigate the allegations of abuse, no further details have been provided by state media. The president's office could not be reached for comment. (source: Myanmar Times) PAKISTAN: LHC upholds blasphemy convict Asia Bibi's death penalty The Lahore High Court (LHC) on Thursday upheld the death sentence of a Christian women convicted of blasphemy 4 years ago, as her lawyers vowed to appeal. Asia Bibi, a mother of five, has been on death row since November 2010 after she was found guilty of making derogatory remarks about the Holy Prophet Mohammed (peace be upon him) during an argument with a Muslim woman. "A 2-judge bench of the Lahore High Court dismissed the appeal of Asia Bibi but we will file an appeal in the Supreme Court of Pakistan," her lawyer Shakir Chaudhry told AFP. Blasphemy is an extremely sensitive issue in Pakistan where 97 % of the population is Muslim and unproven claims regularly lead to mob violence. 2 high-profile politicians - then Punjab governor Salmaan Taseer and minorities minister Shahbaz Bhatti - were murdered in 2011 after calling for reforms to the blasphemy law and describing Bibi's trial as flawed. The blasphemy allegations against Bibi date back to June 2009. She was working in a field when she was asked to fetch water. Muslim women labourers objected, saying that as a non-Muslim she was unfit to touch the water bowl. A few days later the women went to a local cleric and put forward the blasphemy allegations. Over a dozen religious clerics - including Qari Saleem who brought forward the initial complaint against Bibi - were present at the court Thursday. "We will soon distribute sweets among our Muslim brothers for today's verdict, it's a victory of Islam," Saleem told AFP outside the courtroom as the clerics congratulated each other and chanted religious slogans. Pakistan's tough blasphemy laws have attracted criticism from rights groups, who say they are frequently misused to settle personal scores. Lawyers who defend people accused of blasphemy - and judges seen as lenient - also risk being accused of the crime themselves and regularly face intimidation. Last month a prison guard at the notorious Adiala jail in Rawalpindi shot and wounded a 70-year-old Scottish man with a history of mental illness who is on death row for blasphemy. The jail also houses Mumtaz Qadri, the former bodyguard of governor Taseer who gunned him down in an Islamabad market place. He was given a death sentence but heralded by some as a hero for killing Taseer. Blasphemy carries the death penalty, though Pakistan has had a de facto moratorium on civilian hangings since 2008. Only one person has been executed since then, a soldier convicted by a court martial and hanged in November 2012. (source: Agence France-Presse) ************************** Danish aid to Pakistan threatened by shifting death penalty stance----1st execution in 6 years could doom aid program Denmark's aid to United Nations Office on Drugs and Crime (UNODC) programs in Pakistan hangs in the balance as the southern Asian nation continues to grapple with death penalty issues. The unofficial moratorium on executions that has existed in Pakistan since 2008 is looking more fragile than ever because the new government wants to crack down on crime and Islamist militants, pledging to implement the death penalty as a deterrent. Later this month, the nation could potentially execute its 1st prisoner in 6 years, which would spell an end to the moratorium and could lead to Denmark reconsidering its aid to the UNODC program in Pakistan. Following closely Lars Vogtmann Sorensen, a desk officer dealing with affairs pertaining to Pakistan at the Foreign Ministry, told the Copenhagen Post that the Danes are following the execution case closely. "Denmark is a very strong supporter of the total abolition of the death penalty so we work along these lines and we've made that clear to the Pakistani government on a number of occasions," Sorensen said. "And not only bilaterally with the Pakistani authorities, but also via the EU, which holds more weight than Denmark can manage to convey alone." Contingent on conditions Sorensen also stated that the Danish government was in very close contact with the UNODC, locally in Islamabad and in Vienna where they are headquartered, to ensure that Danish funding is going to activities that are consistent with Denmark's stance on capital punishment. >From 2010-2014, Denmark has given some 16 million kroner to UNODC anti-drug programmes in Pakistan, specifically supporting 3 aims in the country. These aims are: enhanced border management; promoting more effective investigations of criminals - training and reviewing, improving the rule of law and making sure that due process is done - and supporting prison management so it adheres to international standards, which includes the expansion of Pakistan's rehabilitation program and the establishment of independent prison monitors. Several stays of execution At the centre of it all is Shoaib Sarwar, a death row inmate convicted of murder in 1998, who was scheduled to be executed by hanging on September 18, and then again on October 13 after a postponement of the initial moratorium lift. On Tuesday, the Copenhagen Post learned via Justice Project Pakistan (JPP) - a non-profit human rights law firm in Lahore - that Sarwar's execution had once again been postponed until October 27 after the attorney general failed to submit a reply on the status of the moratorium on the death penalty. Sticking to principles It's not the 1st time that Danish counter-narcotics aid has hung in the balance, and the Danes have shown that they won't hesitate to withdraw aid should it conflict with the nation???s principles and responsibilities. In April last year, the development minister at the time, Christian Friis Bach, decided to end support to the UNODC programme in Iran due to revelations that Iran had been using the programme to execute hundreds of criminals every year. Opposition should be enough But until the moratorium is lifted, Danish aid will continue to flow, much to the consternation of Reprieve - a non-profit organisation that works against the death penalty worldwide, Pakistan included - which maintains that the issue shouldn't be about whether an execution can go ahead, but rather the principle that Denmark and the EU are opposed to capital punishment. "If we're going to stand behind our principles there, we need to not contribute in any way if we can see there's a link between the aid we give and the executions and death sentences," Maya Foa, the strategic director of the death penalty team at Reprieve, said. "As Denmark has established with Iran, it needs to apply that consistency and express its position on the death penalty rather than being concerned that an execution might take place." Tough prison conditions Foa said that prisons in Pakistan are incredibly overcrowded and can be death sentences in themselves as inmates can languish behind bars for decades - a practice that European human rights courts have deemed a cruel and unusual punishment. Foa argues that it is irrational for Denmark to fund projects that push a law enforcement model in a country where the law being enforced carries a potential death sentence - there are 27 offences in Pakistan legally punishable by death, including blasphemy and sexual intercourse outside of marriage. Transfer the aid But the Danes shouldn't withdraw their aid, argues Foa, but instead transfer aid from the strict law enforcement perspective, which embraces increased arrests as an indicator of success, to preventative measures, such as tackling drug dependency. "The people they are convicting, thanks to European and Danish funding, are the most vulnerable people in society. These are people with severe mental health issues, people with intellectual disabilities and people who are old," Foa said. "It is people who are easy to pin a drug offence charge on - people who are easily manipulated and are ending up on death row - and it is astonishing to me that we could possibly support such a regime. It's failing on all levels." High fabrication rate Foa's statement is backed up by the former additional attorney general in Pakistan, Tariq Khokhar, who revealed that 60 to 70 % of litigations or FIR reports - a police document registering a cognisable offence - in Pakistan are falsified or fabricated. Foa contended that the Danish contribution to UNODC's general efforts is high compared to other countries and, as such, it is in effect contributing to some regimes that take a very aggressive stance on drugs. "Indirectly, I would say that it is involved in the general war on drugs efforts," Foa said. A spokesperson from the UNODC would only comment to the Copenhagen Post that the organisation followed the UN Convention and was working towards "abolishing the death penalty on a global scale" and had no specific comment concerning the Pakistan case. (source: Copenhagen Post) SAUDI ARABIA----execution Saudi beheads Pakistani heroin smuggler Saudi Arabia has beheaded a Pakistani man, the interior ministry says, bringing to almost 60 the number of executions in the kingdom this year. Mohammad Yunus Mohammed Shoaib, executed in the Eastern Province community of Qatif, "was caught smuggling a large quantity of heroin into the kingdom inside his gut," the ministry said in a statement on Wednesday carried by the official Saudi Press Agency. His decapitation takes to 57 the number of people executed by sword in the ultra-conservative Gulf nation this year, compared with 78 people in all of 2013, according to an AFP count. On Tuesday a Saudi, Hamad bin Awadh bin Hawi Al-Anzi, was executed in northern Jawf region "because he smuggled a large quantity of amphetamine pills into the kingdom", SPA said. The Interior Ministry said the government "is keen on combating narcotics due to their great harm to individuals and the society". A United Nations independent expert in September called for an immediate moratorium on the death penalty in Saudi Arabia. Christof Heyns, the UN special rapporteur on extrajudicial, summary or arbitrary executions, said trials "are by all accounts grossly unfair" and defendants are often not allowed a lawyer. He said confessions were obtained under torture. Rape, murder, apostasy, armed robbery and drug trafficking are all punishable by death under Saudi Arabia's strict version of Islamic sharia law. (source: SBS news) ************************ Saudi Arabia Beheaded 59 People So Far This Year - But Hardly Anyone is Talking About It The string of beheadings of American and British hostages at the hands of the Islamic State has drawn horror and intense media scrutiny the world over, redoubling international determination to defeat the extremist group. But with IS dominating headlines, it is easy to forget that Saudi Arabia, a member of the UN's Human Rights Council and a close ally of America in the war against the Islamist fighters, is itself routinely carrying out the practice of beheading. Since January of this year, 59 people have been beheaded in Saudi Arabia under the country's antiquated legal system based primarily around sharia law. Last month saw Saudi Arabia behead at least 8 people - twice the number of Western hostages who have so far featured in IS's barbaric execution videos. In August those executed by Riyadh were sentenced to death for crimes such as apostasy, adultery and "sorcery." In one case, four members of the same family were executed for "receiving large quantities of hashish," a sentence imposed, according to Amnesty International, on the basis of "forced confessions extracted through torture." The human rights group has reported a "disturbing surge" in executions in the kingdom. Said Boumedouha, deputy director of Amnesty International's Middle East and North Africa Program, said that many are executed for petty crimes, highlighting the frequent and seemingly casual imposition of such sentences. "The use of the death penalty in Saudi Arabia is so far removed from any kind of legal parameters that it's almost hard to believe," Boumedouha remarked. Mohammed Saad-al Beshi, a Saudi state executioner, told Arab News in 2003 that he felt that he was carrying out "God's work" and that "when prisoners get to the execution square, their strength drains away." The practice is not confined to adults. According to Amnesty International, Saudi Arabia executed at least one person under the age of 18 this year, a violation of the United Nations Convention on the Rights of the Child. The manner by which confessions are extracted also paints a bleak picture, activists say. "The executions of people accused of petty crimes and on the basis of 'confessions' extracted through torture has become shamefully common in Saudi Arabia," Boumedouha said. The UN has sought to distance itself from Saudi Arabia on the issue, despite the membership of Saudi Arabia upon the UN Human Rights Council, a position it was elected to by the UN General Assembly. In September, Juan Mendez, the UN special rapporteur on torture, remarked that "beheadings as a form of execution is cruel, inhuman and degrading treatment and prohibited under international law under all circumstances." Independent experts appointed by the UN Human Rights Council have also been quick to denounce the kingdom's brutal practice, commenting that "the practice of beheading, especially after unfair trials for crimes that may not carry the death penalty under international law, is shocking and grossly inappropriate." However, as an oil rich Western ally seen as key to the US-led offensive against IS, there remains little hope, at least within the short term, of large scale international condemnation. (source: Vice News) ***************************** Appalling death sentence against Shi'a cleric must be quashed Sheikh Nimr Baqir al-Nimr has been sentenced to death in Saudi Arabia today. A death sentence passed today against a dissident Shi'a Muslim cleric in Saudi Arabia for "disobeying the ruler", "inciting sectarian strife" and "encouraging, leading and participating in demonstrations" after a deeply flawed trial is appalling and must be immediately quashed, said Amnesty International. "The death sentence against Sheikh Nimr Baqir al-Nimr is part of a campaign by the authorities in Saudi Arabia to crush all dissent, including those defending the rights of the Kingdom's Shi'a Muslim community," said Said Boumedouha, Deputy Director of Amnesty International's Middle East and North Africa Programme. Sheikh al-Nimr's brother, Mohammad al-Nimr, was reportedly arrested after the sentence was passed at the Specialised Criminal Court in Riyadh. The reasons for Mohammad al-Nimr's arrest and his whereabouts remain unknown - although it is believed he was detained after tweeting about his brother???s death sentence. "The shocking death sentence against Sheikh al-Nimr followed by the arrest of his brother in court today illustrate the lengths Saudi Arabia will go to in their quest to stop Shi'a activists from defending their rights. Sheikh al-Nimr must be released and Saudi Arabia must end its systematic discrimination and harassment of the Shi???a community," said Said Boumedouha. Sheikh al-Nimr, a vocal critic of the Saudi Arabian authorities' harassment of Shi'a Muslims, was initially charged with banditry and other offences after security agents claimed he had opened fire on them when he was arrested on 8 July 2012. The sheikh was shot and wounded during the arrest. Evidence for all the other charges he was convicted of came from religious sermons and interviews attributed to the cleric. Amnesty International's review of these texts confirms that he was exercising his right to free expression and was not inciting violence. Some of the charges, such as disobeying the ruler, should not be offences as they criminalize the right to freedom of expression. Other charges are vague and have been used simply to punish him for his peaceful activities. "Sheikh al-Nimr's trial has been seriously flawed. Eyewitnesses, whose testimonies were the only evidence used against him, were not brought to court to testify. This violates the country's own laws. The Sheikh was denied the most basic means to prepare for his defence and was not represented by legal counsel for some of the proceedings because the authorities did not inform his lawyer of some dates of the hearings," said Said Boumedouha. Sheikh al-Nimr, who is the Imam of al-Awamiyya mosque in al-Qatif, eastern Saudi Arabia, also suffered from ill-treatment throughout his 2-year detention, most of which he spent in solitary confinement in military hospitals and at the al-Ha'ir prison in Riyadh. Access to his family and lawyers - including during interrogations - has been irregular. He was also denied surgery to remove a bullet in his back. Treatment for his right leg, which remains paralyzed since he was shot during his arrest, has also been refused. Saudi Arabians in the Kingdom's predominantly Shi'a Eastern Province have been calling for reforms since before February 2011, when the "Arab Spring" uprisings swept through the Middle East and North Africa. Saudi authorities have responded by cracking down on those suspected of taking part in or supporting protests or expressing views critical of the state. Members of the Shi'a community have been arrested, imprisoned and harassed for holding collective prayer meetings, celebrating Shi'a religious festivals and for breaching restrictions on building mosques and religious schools. In May and June 2014 at least 5 Shi'a Muslims detained in connection with the 2011 and 2012 protests were sentenced to death on trumped-up charges related to their activism. Amongst the 5 was Sheikh al-Nimr's nephew Ali al-Nimr who was 17 at the time of his arrest. He reported that he was tortured into "confessing." (source: Amnesty International) ********************* Prominent Shia Cleric Sentenced to Death----Legal Advocate Arrested Following Verdict Saudi Arabia's harsh treatment of a prominent Shia cleric is only adding to the existing sectarian discord and unrest.Saudi Arabia's path to stability in the Eastern Province lies in ending systematic discrimination against Shia citizens, not in death sentences. Saudi Arabia's Specialized Criminal Court sentenced a prominent Shia cleric to death on October 15, 2014. Sheikh Nimr al-Nimr was convicted on a host of vague charges, based largely on his peaceful criticism of Saudi officials. Al-Nimr has a wide following in Saudi Arabia's Eastern Province, where most of the country's Shia minority live. The charges included "breaking allegiance with the ruler," "inciting sectarian strife," and supporting rioting and destruction of public property during 2011-2012 protests in Shia-majority towns and cities. Al-Nimr was also charged with violently resisting arrest in July 2012. Human Right Watch was not able to determine if the conviction was based on these charges, which al-Nimr has disputed. The proceedings of Saudi Arabia's Specialized Criminal Court, which conducted the trial in 13 sessions over a year and a half, raise serious fair trial concerns, Human Rights Watch said. "Saudi Arabia's harsh treatment of a prominent Shia cleric is only adding to the existing sectarian discord and unrest," said Joe Stork, deputy Middle East director at Human Right Watch. "Saudi Arabia's path to stability in the Eastern Province lies in ending systematic discrimination against Shia citizens, not in death sentences." Authorities arrested al-Nimr's brother and legal advocate, Mohamed al-Nimr, in the courtroom after he announced the verdict on Twitter. Human Rights Watch was not able to determine the reason for the arrest, but local activists said they believed it was to prevent him from speaking to the media about the trial. The brother's tweet said that the court rejected prosecutors' request for a "crucifixion" sentence, the kingdom's harshest, in which the convicted person is beheaded and the decapitated body displayed in public. Authorities arrested Nimr al-Nimr in June 2012 and held him for eight months before bringing charges, although the Interior Ministry had labeled him an "instigator of discord and rioting" after his arrest. Officials claimed that he resisted arrest and rammed a security force's vehicle, leading to a gun battle in which al-Nimr was wounded. Purported photos of the incident released by the local media show the wounded sheikh slumped in the back seat of a car wearing a bloodied white robe. A family member told Human Rights Watch that al-Nimr did not own a gun and that they dispute the claim that he resisted arrest. Local activists and family members told Human Rights Watch that al-Nimr supported only peaceful protests and eschewed all violent opposition to the government. A 2011 BBC report quoted him as supporting "the roar of the word against authorities rather than weapons ... the weapon of the word is stronger than bullets, because authorities will profit from a battle of weapons." In another video available on YouTube, al-Nimr states, "It is not permitted to use weapons and spread corruption in society." Local activists told Human Rights Watch that authorities held al-Nimr in an isolation cell in the Security Forces Prison Hospital in Riyadh for much of his time in detention. Family members who visited said that he was held in a windowless cell measuring 4-by-4 meters. Authorities did not allow al-Nimr to speak freely with visiting family members for the first 4 months, but since November 2013 immediate family members have been able to see him in his cell for an hour every 2 weeks. Saudi Arabia systematically discriminates against its Shia citizens, who constitute 10 to 15 percent of the population. This discrimination reduces Shias' access to public education and government employment. They do not receive equal treatment under the justice system, especially with regard to religious freedom. Shia rarely receive permission to build mosques and, unlike their Sunni counterparts, do not receive government funds for religious activities. Al-Nimr's arrest caused demonstrations in Awamiyya, a Shia village in the Qatif district that has been the site of anti-government demonstrations since 2011. Media reported that security forces shot and killed 2 demonstrators on the evening of al-Nimr's arrest. The local activists, who asked not to be named for fear of arrest, said that al-Nimr had a strong following among Shia youth because of his outspoken criticism of government policies and advocacy of greater rights for the Shia. In late March 2009, al-Nimr suggested in a Friday sermon that the Shia might consider seceding from Saudi Arabia if the government continued to deny their rights. When security forces tried to detain him he went into hiding. In June 2012, less than a month before his arrest, al-Nimr gave a Friday sermon following the death of Prince Nayef, the former interior minister. "Where is Nayef's army?" al-Nimr said. "Can they stop his death? Where is his secret police? Where are his officers? Can they stop his death so that worms won't eat him?" Al-Nimr is the latest prominent Shia cleric to receive a harsh sentence from the Specialized Criminal Court. In August, the court convicted Tawfiq al-Amer for publicly demanding constitutional reforms and sentenced him to 8 years in prison and a 10-year ban on foreign travel and delivering sermons. The court had originally sentenced him to a 3-year prison term in December 2012, but an appeals court rejected that sentence as overly lenient. Human Rights Watch has urged the Saudi authorities to abolish the Specialized Criminal Court, the body that convicted al-Nimr. The government set up the court in 2008 to try terrorism cases but has increasingly used it to prosecute peaceful dissidents on apparently politically motivated charges and in proceedings that violate the fundamental right to a fair trial. A Human Rights Watch analysis in September of four trials of Shia protesters before the Specialized Criminal Court revealed serious due process concerns. They include broadly framed charges that do not resemble recognizable crimes, denial of access to lawyers at arrest and during pretrial detention, quick dismissal of allegations of torture without investigation, and admission as evidence confessions that defendants said were coerced without investigating their claims. "Unfair trials of Shias amount to no more than a legal veneer for state repression of demands to end long-term discrimination," Stork said. "Saudi Arabia's judicial council should immediately review al-Nimr's verdict and quash it if they discover clear due process violations." (source: Human Rights Watch) ******************** Death penalty for EP riot instigator The instigator of a riot that broke out in Awamiya, Qatif, 2 years ago has been sentenced to death by a court in Riyadh. The defendant, who was formally charged with instigating riots, fueling sectarianism, inciting dissidence and creating unrest with the help of terrorists on a list of 23 wanted suspects, had refused to show up at court hearings at first, but was eventually forced to attend to defend himself. The group had tried to lure others to join and protect wanted terrorists, especially after several suspects had been arrested and confessed to their crimes. The defendant had rammed his car into the back of a security patrol car as officers attempted to arrest a wanted suspect during the riot and then fled the scene. Authorities determined that the car belonged to the suspect after catching the vehicle's license plate number. The suspect was eventually arrested in a shootout with police and transferred to a military hospital in the Eastern Province. The defendant had openly criticized the arrest of 9 criminals who had been found guilty of blowing up a residential complex in Alkhobar in 1995 and had called for fighting abroad. The defendant refused to disclose details about the websites he had used, but admitted that he had met with several suspects on the wanted list at a mosque even after their names and photos had been published by the Interior Ministry. Other charges against him included denouncement of the government, and pledging allegiance to the 12 imams of the Shiite creed. The defendant took full responsibility for 9 speeches, which were recorded and published on the Internet, calling for youth to join terror groups and questioning the legitimacy of Gulf governments. The defendant's lawyers objected to the ruling. They were given 30 days to appeal. (source: Arab News) From rhalperi at smu.edu Fri Oct 17 10:22:34 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 17 Oct 2014 10:22:34 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 17 IRAN: Sons of murder victim deny mercy to convicted woman The last "peace and reconciliation" meeting in the case of Reyhaneh Jabbari, sentenced to death for the murder of Morteza Abdolali Sarbandi, culminated without a resolution on Wednesday October 15. The Etemad daily reported on Thursday October 16 that Mohammad Shahriyari, the head of the Tehran Criminal Court, said: "The final Peace and Reconciliation meeting took place in the presence of Reyhaneh Jabbari, her mother and the family of the deceased, and the next of kin did not agree to forego the death sentence." The meeting was attended by Reyhaneh Jabbari, the accused, her family, her lawyer, the son of the deceased and Judge Shariyari of the Peace and Reconciliation Unit. Jabbari was questioned by Morteza Abdolali Sarbandi's son. At the request of both parties, reporters were not allowed in the session. The son of Morteza Abdolali Sarbandi, the deceased, has been quoted after a session on Tuesday as saying that the only way for him to forego his right to Qesas and forgive Jabbari is for her "to tell the truth about the incident." Another son had told Shargh news that Jabbari's mother just cried at the meeting like all other meetings. "We only had one condition to forgive her and that was for her to tell the truth. It is not just us that think Reyhaneh is not telling the truth but even the judges that have handled the case believe that she is hiding something." Sarbandi's son says that when they asked her to tell the truth, she did not give a convincing answer. "This issue is still unclear to her and she has not felt death," he added. He went on to say that there will be no more meetings and that his family is waiting for the sentence to be executed. Reyhaneh Jabbari is a 26-year-old woman who was arrested 7 years ago for the murder of Morteza Abdolal Sarbandi and sentenced to death. (source: Radio Zamaneh) SAUDI ARABIA: When will the barbarity of beheading end in Saudi Arabia? Savagery and barbarity still exists in the present era of enlightenment; where the days of ignorance of Arabia and the dark ages of Europe and the Roman era still lurk in the shadows of today. It is when a state sponsored beheading rears its ugly head that we are reminded of the remnants of brutality seen during the dark ages gone by, that we seem to have adopted today. In 2011, at least 82 executions were carried out in Saudi Arabia; more than triple the figure of at least 27 executions in 2010. In 2012, a similar number of people were executed. The Human Rights Watch (HRW) expressed their concern last month over a surge in executions, which saw 19 people being beheaded between August 4th and 20th alone. The HRW stated that 8 of those executed had been convicted for non-violent offences such as drug trafficking and "sorcery", and described the use of the death penalty in their cases as "particularly egregious". Rape, murder, apostasy, drug smuggling, sorcery, witchcraft, armed robbery are all punishable by death in Saudi Arabia. A prime example of the flawed Saudi criminal justice system is the case of Abdullah Fandi al-Shammari who was found guilty of manslaughter in 1988 for an alleged killing that took place in 1983. He was released after paying compensation to the family but in 1990 the case was sent to court for a retrial by the Supreme Court. He was rearrested and tried for the same crime but on murder charges. He spent 30 years on death row and was executed last year. Shammari had no access to the file or to any legal assistance, and was not able to appeal against the sentence before it was confirmed by the court of cassation. Philip Luther, Amnesty International's director for the Middle East and North Africa, said "This case has thrown the country's flawed justice system into especially sharp relief, highlighting the serious lack of transparency, patently unfair trials, and fatal results." Similarly, a Sri Lankan domestic worker, Rizana Nafeek, was beheaded for allegedly killing a baby in her care. She was only 17 at the time of her execution. This is against the jus cogens principle of international law and in contravention of the Convention on the Rights of the Child (CRC) to which Saudi Arabia is a party to. The CRC prohibits the execution of those less than 18 years of age at the time of the commission of the alleged offence for which they are convicted. Hence, it would not be an exaggeration to say that there is lack of transparency, and no legal standards of prosecution are met, even for cases involving punishments as severe as death. The convicted may be denied legal assistance and despite spending a large proportion of the sentence in prison, they may still be executed. Christof Heyns, the UN special reporter on extrajudicial, summary or arbitrary executions, said, "Despite several calls by human rights bodies, Saudi Arabia continues to execute individuals with appalling regularity and in flagrant disregard of international law standards. The trials are by all accounts grossly unfair. Defendants are often not allowed a lawyer and death sentences were imposed following confessions obtained under torture. The method of execution then aggravates a situation that is already totally unacceptable." 2 days ago, another Pakistani, named Mohammad Yunus Mohammed Shoaib was executed in the Eastern province of Qatif for hiding heroin in his gut and smuggling it into Saudi Arabia. His decapitation takes the number of people executed by sword in the conservative Gulf nation to 57 this year, compared to 79 people in all of 2013. Earlier this year, 2 Pakistanis, Abrar Hussein Nizar Hussein and Zahid Khan Barkat, were executed after being convicted for drug smuggling. The former was executed in the Red Sea city of Jeddah and the latter in Qatif. There are approximately 4,000 Pakistanis languishing in Saudi prisons, facing trial. It is highly ignominious that no legal or consular access is provided to the detainees and the incumbent government is taking little responsibility to ensure that its citizens are provided with legal and humanitarian assistance. Regardless of whatever crime they may have committed, each individual has a right to a fair trial and no one can be deprived of the basic, inalienable human right. There are many who would indulge in the unnecessary debate of whether death penalty should be abolished for such crimes or not, while totally ignoring the fact that no matter how guilty a person may be, he or she cannot be deprived of the right to a fair trial and due process of law. The law, as it stands in Saudi Arabia, is the strictest interpretation of Shariah, and though some may argue that it has effectively controlled crime, one wonders about the fair trial guarantees. As William Blackstone propounds, "The law holds that it is better that 10 guilty persons escape, than that 1 innocent suffer." This is a globally accepted legal maxim. And therefore, it is the duty of the Pakistani government and the consulate in Saudi Arabia to ensure that the detainees are accorded due protection of law, especially those who are waiting on death row. It must be guaranteed that women and children be detained only as a means of last resort and not in a prison like environment which can be injurious to their mental and physical wellbeing. The reality of human rights abuses within the Saudi criminal justice system is no secret and hence no stone must be left unturned to ensure protection of fundamental human rights of the detainees and those who are innocent to be freed. The governments of India and Bangladesh have managed to get many detainees free but no serious efforts are being made by the Pakistani government in this regard. The human rights organisations and civil society are also unmoved by the beheadings of their fellow countrymen. It is about time that this nation wakes from slumber and strives to protect fundamental human rights of the citizens of Pakistan, both within and outside the country. Who knows who may fall prey to this injustice one day, without even being given a fair trial. Hence, it is the duty of not only the government but of every citizen of the country to stand united against this gross, flagrant and mass violation of fundamental human rights. (source: The Express Tribune) ****************************** Saudi Arabia faces outcry over death sentence for Shia faith leader----Nimr Baqir al-Nimr's conviction for sedition adding to unrest and promoting sectarian hatred, says Human Rights Watch Saudi Arabia is facing an international outcry and accusations of promoting sectarian hatred after a Shia Muslim religious leader from the country's volatile eastern province was sentenced to death. Sheikh Nimr Baqir al-Nimr, who led protests in Qatif at the height of the Arab spring in 2011, was convicted on Wednesday of sedition and other charges in a case that has been followed closely by Shias in the kingdom and neighbouring Bahrain. Shia Muslims make up 10%-15% of the population of Sunni-ruled Saudi Arabia, which bills itself as playing a lead role in the fight against the jihadis of Islamic State (Isis) in Syria and Iraq. Riyadh has supported Sunni groups fighting to overthrow Bashar al-Assad but denies backing Isis. State prosecutors had reportedly asked for Nimr to be crucified. The sentence is thought likely to be commuted on appeal. Nimr was arrested in 2012 and ill-treated during his 2-year detention, much of it spent in solitary confinement. He was denied surgery for bullet wounds suffered when he was arrested. He was charged with "disobeying the ruler", "inciting sectarian strife", and encouraging and leading demonstrations. In Iran, Saudi Arabia's chief regional rival and the political centre of the Shia world, the foreign ministry warned on Thursday that execution would have "dire consequences". It called Nimr an ayatollah, giving him the second most senior clerical title in the Shia hierarchy. Iran, like Saudi Arabia, uses capital punishment. In London the Foreign Office stated that it was aware of the sentencing, adding: "The UK opposes the death penalty as a matter of principle." The Saudi authorities have portrayed the cleric as an "instigator of discord and rioting". But Nimr's supporters and family have denied that he incited violence. In a BBC interview, Nimr said he backed "the roar of the word against authorities rather than weapons". The arrest of his brother and other relatives after sentencing has fuelled anger that is being ventilated on Twitter and other social media. "Saudi Arabia's harsh treatment of a prominent Shia cleric is only adding to existing sectarian discord and unrest," said Joe Stork, deputy Middle East director at Human Rights Watch. "Saudi Arabia's path to stability in the eastern province lies in ending systematic discrimination against Shia citizens, not in death sentences." Amnesty International described Nimr's sentencing as part of a wider Saudi government crackdown on dissent. Shia and Sunni groups said they were extremely alarmed by the sentence. "Ayatollah al-Nimr is a respected Muslim figure in Saudi Arabia," 10 organisations said in statement. "He is a faith leader, reformist and human rights activist, who has campaigned for an end to discriminatory laws against the Shia minority. The sentencing will further inflame sectarian tensions and provide encouragement to extremist groups such as Isis to continue their persecution of religious minorities." Toby Matthiesen, a Cambridge expert on Saudi Arabia, said: "In the last 2 years Nimr has become known by Shia across the world. For many Salafis and Sunnis with anti-Shia leanings he has become a real hate figure. In the context of Isis, the Saudi royal family is trying to legitimise itself in the eyes of Sunnis by being tough. Nimr was a revolutionary who called for non-violent protests and the downfall of the Al Saud, but also for Assad to go. He wasn't sectarian." Yusif al-Khoei, of the London-based Al-Khoei Foundation, said he was "appalled" by the news and with others was considering boycotting a Saudi-organised conference on inter-religious dialogue in Vienna. (source: The Guardian) ZIMBABWE: Death Sentence Not Applicable Zimbabwe cannot pass the death sentence under the current Constitution unless Parliament enacts a law providing for it, a legal expert has said. This comes amid growing calls to scrap capital punishment from the statutes. A prominent lawyer, Advocate Thabani Mpofu, said while the old Constitution specifically made provisions for the death penalty, the new order left that decision to the Legislature. "This, it achieves through section 48 (2) (of the new Constitution of Zimbabwe) which provides that a law may permit the death penalty to be imposed," said Adv Mpofu. His analysis of the law comes after the National Prosecuting Authority solicited for his views as a friend of the court in a case in which the NPA wants an order for the courts in Zimbabwe not to impose capital punishment on murder suspect, Joshua Dube, who is held in a South African prison. South Africa has refused to extradite Dube who allegedly committed armed robbery and rape before fleeing to that country where he was arrested in 2009. SA does not recognise the death penalty in its statutes and the difference with Zimbabwean laws has created a dilemma for the NPA, which has since approached the Constitutional Court seeking an undertaking that no death penalty would be imposed on such fugitives if extradited for trial here. In his heads of argument filed at the Constitutional Court, Adv Mpofu made an analysis of the law on death penalty in both the old and new Constitutions as well as the Criminal Procedure and Evidence Act (CPEA), to arrive at his decision. The CPEA as it stands, he said, was not in conformity with the Constitution of Zimbabwe on the imposition of the death penalty. "The CPEA is an existing law and so are its provisions... The question that arises is whether it is possible for it to be construed in conformity with the Constitution of Zimbabwe," said Adv Mpofu. "If it is, the death penalty can be passed under it. If it is not so capable, that means there is no law contemplated by section 48. That too would be consistent with provisions of section 2 (1) of the Constitution of Zimbabwe. It has already been noted that CPEA and the Code cannot be construed. Both are therefore not requisite existing law." Adv Mpofu said in view of the differences between section 48 of the Constitution and 12 of the old Constitution and current provisions of the CPEA and what must be contained in the contemplated Act, the law contemplated under section 48 was not yet in existence. "That being the case, the death penalty cannot at the present stage be lawful. It will remain so unless Parliament enacts a law. Parliament must be discouraged. No place exists for such barbaric retribution in a civilized society." Adv Mpofu emphasized that section 48 of the Constitution simply gave the legislature a blank cheque on the issue. The lawyer, however, said the legislature might or might not pass a law providing for the death penalty. In the event that it chooses to pass such a law, he said, it should comply with certain requirements. "This was probably the best compromise given the irreconcilable views that the parties had on the death penalty," said Adv Mpofu. (source: The Herald) INDIA: Honour killing: Death penalty to 2 including father of girl A local court has awarded death penalty to 2 accused, including father of a girl, in an honour killing case. Additional District Session Judge S S Sahni announced the verdict on Thursday, Public Prosecutor R K Salwan said today. On December 2012, complainant Sukhdev Singh, lover of the victim, had alleged that Rupinder Kaur was brutally killed by her father and uncle as she was adamant to marry him against her parents' wishes. Sukhdev had told the police that Rupinder had told him that she was being tortured by her father Balwinder Singh and uncle Baldev Singh for going against their wishes. In the autopsy report, it was established that deceased Rupinder Kaur was first given poisonous substance and later she was strangulated to death. The accused had pleaded before the court that the deceased had committed suicide. (source: Indian Express) ***************************** 'India should end death penalty' Death penalty in a country like India that carries the message of non-violence on the global stage is a paradox, said Robert Badinter, a globally renowned lawyer. "India is a specific unique nation in the world carrying on a message of non-violence. But the continuance of death penalty in the country contradicts the culture of non-violence symbolised by India," said Badinter at a talk on 'Death Penalty: The French and the European experience' at India International Centre here Thursday. "Death penalty is inhuman and poison of the society. India has such high values, why keep it (death penalty). Get rid of it," said Badinter, who has been advocating the abolition of death penalty. Badinter, who has also served as minister of justice in France, said that death penalty is not a deterrent to crime and terrorism. "Crime is horrible and people must be protected against. But the fact is that crime has always been horrible and death penalty is not the solution," he added. "Terrorists have special relationship with death. A man who can blow himself in a supermarket and kill 50 people will not be dissuaded by the threat of death penalty. He would rather be a hero for others (terrorists)," she added. Praising the European Union for its stance against death penalty, Badinter said that it is the only continent in the world where "fundamental and human rights are best guaranteed." "So much of bloody crime has been committed from this continent, but the death penalty has been banned in Europe. It is so much guilty of the horrendous crime, that it says no to death penalty," Badinter said, referring to the 2 World Wars. (source: Zee News) PAKISTAN: Pakistan Court Upholds Death Sentence Against Christian Woman who Drank from Well Reserved for Muslims A Christian woman who was given the death penalty last year for drinking water from a well reserved for Muslims in Pakistan has had her appeal against the sentence rejected by the Lahore high court. Breitbart reported on the original case last year, which arose after Aasiya Noreen, a fruit picker, stopped to refresh herself during the course of her day's work. After she was caught drinking from the same cup used by Muslim women, the well was declared "Haram", and Noreen was beaten for the offence, before being arrested. At the time of her conviction, Noreen said: "I have been sentenced to death because I was thirsty. I'm a prisoner because I used the same cup as those Muslim women, because water served by a Christian woman was regarded as unclean by my stupid fellow fruit pickers". It was alleged during the altercation following the water incident, Noreen made negative comments about Islam. Noreen has defended her innocence in the 5 years since, insisting her comment went no further than "I think Jesus would see things differently than Mohammed", and her lawyer has argued the charge arose because of "personal enmity" towards the defendant, rather than a genuine grievance, reports the Independent newspaper. None of the original witnesses were present in court to testify, but a Muslim "prayer leader" (Imam) who claimed Noreen, an unrepentant Christian, had confessed the crime to him, did. When the Lahore court delivered its verdict to maintain the death penalty in this case, Noreen and her defence team reacted with shock. Her lawyer promised to keep fighting: "I was expecting the opposite decision. We will file an appeal to the Supreme Court of Pakistan in a few days". If the case is lodged at the Supreme court in Islamabad, the debate over Noreen's life, which has already lasted 5 years, could drag out for many more. It has already sparked significant attention, both at home in Pakistan and abroad. U.S. Kentucky Senator and Republic Presidential hopeful Rand Paul has said if Noreen wasn't released from death row, foreign aid to the country should cease. Lamenting the case, Paul said: "According to her co-workers, she insulted the Prophet. In our country, we refer to such quibbling as gossip. In Pakistan, if you are a Christian, it can land you on death row". The matter of religious plurality is an exceptionally controversial one in Pakistan, and as this case continues Aasiya Noreen may have trouble finding backers. In 2011, 2 senior politicians who spoke out against the blasphemy law that Noreen was charged with and publicly supported her cause were assassinated. The Pakistani minister for minorities, Shahbaz Bhatti was the nation's only Christian cabinet member until his death at the hands of the Pakistani Taliban. (source: breitbart.com) ****************** Christian woman convicted of blasphemy in Pakistan loses her appeal against death penalty ---- Asia Bibi was found guilty of making derogatory remarks about Islam during an argument with neighbours The Lahore High Court has upheld the death penalty against a Christian woman who was convicted of blasphemy in Pakistan 4 years ago, as her lawyers vowed to appeal. Asia Bibi has been on death row since November 2010 after she was found guilty of making derogatory remarks about Islam during an argument with neighbours. Ms Bibi consistently denied the allegations against her, saying they stemmed from an argument with a group of women over a pot of water. Ms Bibi's lawyer, Naeem Shakir, said: "I was expecting the opposite decision. We will file an appeal to the Supreme Court of Pakistan in a few days." Gulam Mustafa, the complainant???s lawyer, said the court's decision was correct. "Asia's lawyer tried to prove that the case was registered on a personal enmity but he failed to prove that," he said. 3 witnesses allegedly involved in the incident did not appear in court, he said. A prayer leader did appear, saying he did not witness the original altercation, but that Ms Bibi had confessed. Ms Bibi's sentence in 2010 sparked condemnation. 2 prominent politicians - Punjab governor Salman Taseer and minorities minister Shahbaz Bhatti - were murdered in 2011 after calling for reforms to the blasphemy law and describing Ms Bibi's trial as flawed. (source: Reuters) ********************* Convicted: Man sentenced to death for murder A court sentenced a man to death on Thursday and another to life imprisonment for murdering their rival. According to prosecution, Akbar, a resident of Chak 68-RB, had hacked his rival Sanaullah to death with an axe with help from Shafqat, Akhtar and Abdur Rehman. Balochni police had arrested the 4. Jaranwala Additional Session Judge Mehmood Harron awarded death penalty to Akbar and life imprisonment to Shafqat. Akhtar and Abdur Rehman were ordered to serve 1 year in prison each. The court ordered the 4 to pay Rs140,000 as compensation to the family of the deceased. (source: The Tribune) **************************** Pakistani Christian Woman's Appeal of Death Sentence Is Rejected The Lahore High Court of Appeals on Thursday upheld the death sentence of a Pakistani Christian woman in a high-profile blasphemy case and dismissed her appeal for acquittal. The defendant, Asia Bibi, 47, a farmworker, was sentenced to death in 2010 after being convicted of blasphemy. She has denied the accusations, which she said stemmed from a dispute with Muslim co-workers. Ms. Bibi now plans to appeal the decision in the country's Supreme Court, said her lawyer, Naeem Shakir. But given huge backlogs at the court, analysts said it would probably be at least 3 years before the appeal would be taken up. The ruling was the latest chapter in a long ordeal for Ms. Bibi, whose case has focused international attention on how Pakistan's blasphemy laws have become a weapon against religious minorities. It was also a factor in the 2011 assassination of Salman Taseer, the governor of Punjab Province who vociferously campaigned for Ms. Bibi's release and for overhaul of the blasphemy codes. Religious conservatives were outraged by Mr. Taseer's advocacy, and he was shot dead by his police security guard in Islamabad. Months later, his son Shahbaz Ali Taseer was kidnapped by Taliban militants and his whereabouts is still unknown. Meanwhile, Ms. Bibi has languished in prison, and successive governments have been reluctant to touch the issue. Death sentences have rarely been carried out in blasphemy cases, but that is in part because such allegations have frequently led to deadly vigilante attacks on the accused or their lawyers. The Lahore courtroom was packed with clerics and members of extremist groups who supported the prosecution, and they erupted in celebration upon hearing the 2-judge panel's decision to dismiss Ms. Bibi's appeal. "Let us celebrate by distributing sweets!" said 1 cleric who was reciting verses from the Quran throughout the almost 2 1/2-hour court proceeding. "I am very happy," said Qari Salaam, a co-worker of Ms. Bibi's and the main complainant in the case. "The judges have given a verdict on merit, and Asia deserved it." He and other farmworkers accused Ms. Bibi of shouting insults against the Prophet Muhammad. But she and her family deny that, saying the workers decided to lash out at her because a manager had ordered her to bring water out to the workers, and they refused to drink from bowls she had touched. Joseph Francis from the Center for Legal Aid Assistance and Settlement, an group that works for minority rights, called the ruling a bad decision that had been forced by religious extremists. "The court had already made its mind to dismiss the appeal, and the presence of Muslim extremist groups in the court further undermined justice," Mr. Francis said. Ms. Bibi's husband, Ashiq Masih, expressed disappointment after the verdict. "We were hoping for some relief, but alas," Mr. Masih said as he left the court. (source: New York Times) ************************** Upholding blasphemy death sentence against Christian woman 'a grave injustice' A Pakistani court's decision to uphold the death sentence against a Christian woman convicted on blasphemy charges is a grave injustice, Amnesty International said. The Lahore High Court today rejected the appeal against the death sentence imposed on Asia Bibi, who was sentenced to death in 2010 for allegedly making derogatory remarks about the Prophet Muhammad during an argument with a Muslim woman. "This is a grave injustice. Asia Bibi should never have been convicted in the first place - still less sentenced to death - and the fact that she could pay with her life for an argument is sickening," said David Griffiths, Amnesty International's Deputy Asia Pacific Director. "There were serious concerns about the fairness of Asia Bibi's trial, and her mental and physical health has reportedly deteriorated badly during the years she has spent in almost total isolation on death row. She should be released immediately and the conviction should be quashed." Asia Bibi's lawyer said after today's verdict that he will file an appeal to the Supreme Court. On 4 January 2011, Punjab Governor Salmaan Taseer was killed by one of his security guards after campaigning for Asia Bibi and criticizing Pakistan's blasphemy laws. Minorities Minister Shahbaz Bhatti, an outspoken critic of the blasphemy laws, was killed by the Pakistani Taliban on 2 March 2011. "The laws are often used to settle personal vendettas - both against members of minority religious groups and Muslims - while individuals facing charges are frequently targeted in mob violence. Those who speak out against the laws face terrible reprisals. However, the blasphemy laws violate international law and must be repealed or reformed immediately to meet international standards," said David Griffiths. (source: Amnesty International) CHINA: Former senior railways official given death penalty for bribery A Beijing court on Friday handed down a death penalty with 2 years' reprieve to a former senior railways official on charges of taking bribes. The Beijing No. 2 Intermediate People's Court also deprived Zhang Shuguang, former head of the Railways Ministry's transportation bureau and deputy chief engineer, of political rights for life and confiscated all his property. (source: Xinhua) INDONESIA: Indonesia Asks If Death Penalty Can Curb Terrorism----12 years after the deadly Bali terror bombing, whose suspects were executed, Indonesia struggles with the implications and efficacity of capital punishment October 12 marked the 12th anniversary of the Bali Bombings in Kuta that killed more than 200 people. It came just on the heels of the World Day Against the Death Penalty. The men found guilty of carrying out the Bali bombings were executed. Compared to China, Indonesian judges rarely hand out the death penalty, but there has been an increase in the number of executions in recent years, raising debate in the country about whether killing terrorists is the best way to stop violence. During a political play staged to mark World Day Against the Death Penalty, in the parking lot of the Jakarta art and cultural center Taman Ismail Mazuki, three men are forced by armed guards to kneel in front of the audience. "Why must we die?" they cry out, before having black hoods placed over their heads. The guards then march forward, turn and pretend to shoot the men dead. The actors then turn to the crowd and shout, "Abolish the death penalty!" "For us, the death penalty is a failure of justice, the death penalty is against the constitution, against the fundamental right to life," says Usman Hamid, former head of the leading rights group KONTRAS, which organized this event. "As long as the judicial system remains corrupt and open to abuse in Indonesia, it'll be very difficult for us to make sure that no mistakes or human errors are made in implementing the death penalty." They staged the play largely to protest the controversial execution of three Catholic men in 2006 who were convicted of inciting mass violence between Christians and Muslim groups in central Sulawesi. Their executions sparked riots in east Indonesia, with demonstrators saying that the men were scapegoats and that the evidence against them was highly questionable. More and more executions "While I believe that those 3 men were somehow involved in the killings, I am sure that there was someone more powerful behind what took place in Central Sulawesi," says Mugiyanto, who heads a group called the Association of the Families of the Disappeared. "They were scapegoats," he says. "There is still a very large possibility, with the Indonesian system, that the wrong verdict will be handed out." Indonesia has had the death penalty since its independence in the 1940s, though judges have rarely used it ??? and when they did it was only in cases of murder with intent or drug trafficking. But in recent years the types of crimes punishable by death have expanded to include terrorism and corruption in time of economic crisis. This has meant a dramatic increase in the number of executions. At the Jakarta demonstration, an activist reads out a letter from Australian Brian Deegan, whose son died in the 2003 Bali attack. "The killing of those men accused of the bombing will not bring back my son or heal the pain in my heart," he wrote. Support for the ultimate punishment But many Indonesians disagree with Usman Hamid and the anti-death penalty movement. For example, watching the demonstration from afar is a teenage couple on a date. "The punishment should fit the crime," one says. "I totally think that the people who did the bombs in Bali should get the death penalty. They killed loads of people." Next to them are 2 poor Bajaj drivers for whom the activists' dramatic performance has changed nothing. "Drug traffickers are responsible for destroying many young lives, the future generation," one says. "So there must be a strong punishment for them. The death penalty must be handed out." Political support for the death penalty also remains strong. With no political will, the campaign to have it abolished faces an uphill battle. (source: worldcrunch.com) BOTSWANA: Botswana tells red-faced SA it won't spare the noose----Both countries have very different laws on capital punishment. Botswana's defence minister, Ramadeluka Seretse, has insisted that his government will not give South Africa an undertaking that a Botswana citizen wrongly repatriated to face murder charges will be spared the hangman's noose. This follows the deportation of the suspect, Edwin Samotse, to Botswana in August this year, contrary to South African government policy and a ministerial court order. South Africa's home affairs spokesperson, Mayihlome Tshwete, told amaBhungane that there was no possibility that Samotse would be returned to South Africa because Botswana had its own sovereign judiciary. He said the South African authorities were, however, preparing to make representations to the Botswana government asking for an assurance that Samotse will not be hanged. South Africa abolished the death penalty in 1995, and Botswana, Lesotho and Zimbabwe are the only Southern African countries that retain capital punishment for ordinary crimes. But, according to Zimbabwe???s new Constitution, those under 21 and those older than 70 at the time of their conviction cannot be executed. Corruption? Tshwete confirmed that 3 home affairs officials are being investigated in connection with the illegal deportation of Samotse, but would not say whether corruption was suspected. Seretse said that, when Botswana applied for his extradition, the South Africans had asked for an assurance that Botswana would not apply the death penalty if he was found guilty, but this had not been given. He told he Botswana Gazette last month that Samotse would not be returned to South Africa. "We cannot hand him over to the South Africans. We have no obligation to do so and he allegedly committed an offence here," Seretse said. "We don't care how he got here, because he is not an illegal immigrant in Botswana." Samotse (26), who was deported directly from a jail in Polokwane, where he was being held on August 13 as an illegal immigrant, should first have first passed through the Lindela detention centre in Johannesburg. He had been in South African custody for three years while his extradition was being negotiated by the two governments. He allegedly stabbed his girlfriend, Tshegofatso Kgati, to death in March 2011 in Francistown, leaving her naked body on a bed before skipping over the South African border. Against minister's orders The deportation took place despite an order by South Africa's then minister of justice, Jeff Radebe, that he should not be extradited to Botswana after the authorities there refused to undertake not to execute him if he was convicted. Samotse is yet to appear in Botswana's High Court. Meanwhile, a home affairs official told amaBhungane that the department is concerned that South Africa could become a destination for people seeking to avoid the death penalty in their own countries. The official, who asked not to be named, said that, because the fugitives could not be repatriated, the South African taxpayer would have to pay for their indefinite detention. The official said that the South African police had arrested other illegal immigrants from other Southern African countries who had apparently crossed into South Africa to avoid execution. But he could not say how many had allegedly done so. -------------------------------------------------------------------------------- Capital punishment stays despite controversy Capital punishment in Botswana, which on average hangs 1 criminal a year, was declared unconstitutional last year, but a later judgment contradicted the finding. In the murder trial of Rodney Masoko, High Court Judge Tshepho Motswagole ruled that section 203 of the Penal Code, which enshrines the death penalty, is unconstitutional because it does not provide for convicts to plead in mitigation where a court has found no extenuating circumstances. Motswagole found that the section fails to afford people convicted of murder equal treatment and seriously undermines the individualisation of the inquiry by excluding well-known sentencing principles. He sentenced Masoko, who killed his girlfriend in 2006, to life imprisonment. Motswagole's judgment was applauded by human rights attorneys and the Botswana Centre for Human Rights but it ran into immediate flak from the directorate of public prosecutions (DPP), which issued a press statement announcing that the death penalty remained in force. Stressing that the controversy surrounding the judgment was misleading to the public and "regrettable and irresponsible", the DPP pointed to the Court of Appeal's 1995 finding that capital punishment was constitutional. The DPP's stance was confirmed in judgment a month later by another High Court judge, Michael Leburu, who found that section 203 "does not say that the court should not have regard to mitigating factors". He condemned 2 men to death for murdering an old man. Botswana, which retains capital punishment for murder and treason, has executed 47 convicted criminals since independence in 1966. According to Amnesty International, Southern African countries that have abolished judicial executions are South Africa, Angola, Mozambique and Namibia. Zambia has made an international commitment not to use the death penalty. At least 778 people were executed worldwide in 2013. But the number of countries carrying out executions dropped from 37 in 1994 to 22 in 2013 (source: Mail & Guardian) UNITED KINGDOM: Government blasted for 'dodging obligations' and not pressing for release of Brit on death row in Ethiopia ---- Political refugee Andy Tsege 'kidnapped' by Ethopia and possibly facing torture The partner of a British father-of-3 being held on death row after he was spirited into Ethiopia has accused the Government of "dodging its obligations" by insisting it has no grounds for demanding his release. Andargachew "Andy" Tsege, 59, was arrested at an airport in Yemen in June, and vanished for a fortnight until he reappeared in Ethiopian detention facing a death sentence imposed 5 years ago after a trial held in his absence. The Foreign Office is now facing legal action after it classified Mr Tsege's arbitrary disappearance and removal to Ethiopia as "questionable but not a criminal matter" and said that despite the risk of torture and the ultimate sanction hanging over him it did not feel "entitled" to demand he be returned home to London. Yemi Hailemariam, Mr Tsege's partner and the mother of their 3 children, told The Independent she was deeply concerned that Britain was soft-pedalling on his case to preserve its relationship with an increasingly important ally in east Africa. Mr Tsege, who came to Britain as a political refugee in 1979 and is a prominent dissident campaigning against the Ethiopian regime, is feared by Ms Hailemariam and the legal charity Reprieve to be at extreme risk of torture. Electrocution, beatings and abuse, which includes tying bottles of water to men's testicles, have been reported by detainees, and Mr Tsege's whereabouts has not been revealed by the Ethiopian authorities. Ms Hailemariam said: "For anyone reading what has happened, it must be clear that Andy is the victim of a crime. He was kidnapped to Ethiopia and faces the death sentence from a trial where he wasn't even represented. He is a political prisoner. The 59-year-old sought asylum in Britain in 1979 after being threatened by Ethiopian authorities over his political beliefs (Reprieve) "The Foreign Office is dodging its obligations and it is hard to see any other reason than it is to preserve Britain's wider relationship with Ethiopia. It is now 117 days that he has been in detention and Britain must now say enough is enough." Reprieve, which has taken up Mr Tsege's case, said it was starting legal action against the Government, potentially leading to a judicial review, to force it to press for the Briton's immediate release and repatriation. Maya Foa, director of the Reprieve's death penalty team, said: "Andy Tsege is now well into his fourth month of detention and, incredibly, we are no closer to knowing where he is or even whether the Ethiopians plan to execute him. The UK Government's unwillingness to take action is simply unacceptable." The father-of-three was en route to Eritrea when he was arrested during a 2-hour stop over in the Yemeni capital, Sana'a, at the apparent request of the Ethiopian authorities, who seem to have had foreknowledge of Mr Tsege's travel arrangements. The Yemeni authorities have claimed the arrest and subsequent transfer of the Briton to Ethiopia - without any opportunity to challenge the move - took place on the basis of a security agreement between the 2 countries. In a letter to lawyers for Ms Hailemariam, seen by The Independent, the FCO said it accepted "due process" did not appear to have been followed in the case but said his disappearance did not amount to a "kidnapping". It added that it required evidence that a British national was not being treated "in line with internationally accepted standards" before it could consider approaching local authorities. The letter said: "On the information presently available, the Foreign Secretary does not consider that the United Kingdom is entitled to demand Mr Tsege's release or his return." Ms Hailemariam said: "Andy has been abducted and placed on death row on the basis of a politically motivated trial. It is difficult to think of circumstances that would fall further below ???internationally-accepted standards'. What will it take for Britain to demand the return of one of its citizens?" A FCO spokesman said: "The British Embassy in Ethiopia remains in contact with the Ethiopian authorities about regular consular access to Mr Tsege in the future so we're able to continue to monitor his welfare. We also continue to press for reassurances that the death penalty imposed in absentia will not be carried out." The Independent revealed earlier this month that public money is being used to train security forces in Ethiopia under a 2 m pounds programme run by the Department for International Development (DfID) to fund masters degrees for 75 Ethiopian officials on improving the accountability of security services. Material on the DfID website explaining the scheme has since been removed, prompting Reprieve to write to International Development Secretary Justine Greening asking whether the policy is under review or has been erased "to avoid embarrassment". DfID admitted it had cancelled the masters courses due to "concerns about risk and value for money". A source said the decision was not linked to the case of Mr Tsege. (source: The Independent) From rhalperi at smu.edu Sat Oct 18 14:29:52 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sat, 18 Oct 2014 14:29:52 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 18 NIGERIA: Abuja Prostitutes Given 48 hours to Vacate the City, Death Penalty for Patrons Prostitutes in the city of Abuja have been given a 48-hour ultimatum to vacate the city or face the full wrath of the law while men and women who patronise them will be punished with a death sentence. These strict measures were laid out by the Secretary for Social Development, Mrs. Blessing Onuh shortly after an official visit to several locations known to witness heavy activity of prostitutes and their patrons in the Federal Capital Territory. Mrs Onuh added that several other severe measures had been lined up after security agencies combed several red-light districts and made several arrests. She noted that experiencing a decline in the scourge, the secretary noted that prostitution has metamorphosed from the conventional sedentary practice in local brothels to a sophisticated cartel of "runs babes" and the corporate realm. She revealed that the 'executive' type now holds in many luxury hotels in the Abuja metropolis and the exquisite homes of the super-rich adding that notorious spots include Port Harcourt Crescent, off Gimbiya Street, Garki; Adetokunbo Ademola Crescent and Sheraton Junction in Wuse II; and virtually all the discotheques; even in poor neighbourhoods like Nyanyan, Mararaba and Gwagwa, little girls have joined the illicit trade. "They parade a horde of half-unclad girls and women of various ages and sizes brazenly exposing themselves, while openly and desperately beckoning on motorists and passers-by to pick them for the night. They insult, poke rude jokes and pour vituperation on those who look at them scornfully or ignore them.Indeed, for Abuja's affluent and powerful men, it has become commonplace to place order for these women on the street or import them from other states and even from far-flung countries in the Caribbean and Asian countries. High-society social, political functions are incomplete without a harem of these shadowy women. The import of these is that the upsurge requires a holistic framework to be able to deal with this seemingly intractable scourge." (source: Nigerian Bulletin) India: 2 get death penalty for killing 4 A Godavarikhani court on Friday awarded death penalty and Rs 3,000 fine to a daily labourer and a fisherman after convicting the duo for killing a woman, in-laws including a 4-year-old girl by smothering and stabbing at Pothana Colony in VIII Incline Colony of the town 4 years back. The district is witnessing a capital punishment after a gap of 40 years. 2 naxalites were awarded death penalty by a court in 1974. (source: Deccan Chronicle) PAKISTAN: Bishop of Pune: The Asia Bibi death sentence is an affront to the dignity of us all----Msgr. Thomas Dabre comments on the ruling of the High Court of Islamabad, which confirmed the death penalty. The blasphemy laws are "contrary to the human spirit" and "reveal a medieval and obsolete mentality." The prelate calls for the intervention of the international community. I was greatly shocked and deeply saddened when the judges decided to uphold the capital punishment to ..hapless Christian woman, Asia Bibi. In my view it is against all norms of both humans and international laws, dignity and all laws. Anycase everybody should be able to follow his/her religion there should be religious freedom and this in my view is a grave violation of the freedom to practice one's own religion but one may not be able to see the connection. I totally condemn this sentence because in my view it is against all human dignity against all laws not only international laws but all laws, human rights. It is a violation of human rights. It is my deep conviction that these laws are hopelessly against the human spirit and it is betrays a medieval and obsolete mindset it is an abuse of power and authority to award such sentences and any case such laws are always open to misinterpretation and abuse on various grounds. Pakistan being a Muslim majority nation, where Christians and those of other religions are a tiny miniscule minorities, it is all the more incumbent on them to be vary of such accusations of blasphemy. The Pakistan government there should be very careful in applying such laws and the International community should hold the government of Pakistan accountable. The Pakistan government cannot disown responsibility of this death sentence and should overturn immediately the death sentence of innocent Christian woman Asia Bibi. I would expect international authorities and bodies to make the Pakistan government withdraw this punishment as well as these draconian Blasphemy laws, which betrays a mindset that are against present day affirmation of human rights. Providentially the universal church will observe mission Sunday on 19th which is intended to promote Jesus and his values. Jesus mission was to impart to fullness of life in all liberties to all humanity, therefore such an sentence of capital punishment, on the dubious grounds of the application of blasphemy law is contrary to the vision and mission of Jesus Christ. (source: Thomas Pune, Bishop of Pune (with the collaboration of Nirmala Carvalho)----Asia News) From rhalperi at smu.edu Sun Oct 19 15:53:47 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sun, 19 Oct 2014 15:53:47 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, PENN., VA., GA., FLA. Message-ID: Oct. 19 TEXAS: Man on death row because in Texas, being black means you're dangerous? Justice should be blind. It should be blind to race, income, class and other factors. However, in the case of Duane Buck, race played a major factor in his death sentence for capital murder. In 1997, Buck was convicted for the capital murder of his former girlfriend, Debra Gardner, and her friend, Kenneth Butler. Buck was also convicted of shooting his step-sister, Phyllis Taylor, in the same incident. During the capital murder sentencing, through testimony of Texas state licensed psychologist Dr. Walter Quijano, Buck's race became the centerpiece to the implementation of the death penalty. Shockingly, the Supreme Court cited that the race factor was the fault of Buck's lawyers because they called Quijano as their witness. However, the Supreme Court would not order his case to be resentenced, like several other similarly situated defendants. >From the Texas Defender Service: Defense Attorney: You have determined that the sex factor, that a male is more violent than a female because that's just the way it is, and that the race factor, black increases the future dangerousness for various complicated reasons; is that correct? Quijano: Yes. In June 2000, then-Texas Attorney General John Cornyn named 6 capital murder defendants due for resentencing, which Duane Buck was one of them. Cornyn knew that injustices occurred with the sentencing phases of these trials due to the psychologist's testimony that race was a factor in reoffending probabilities. Dr. Walter Quijano testified improperly in all 6 cases that being black was a reason the defendants would likely reoffend. Therefore, his testimony improperly sealed the death penalty sentences for each one. 5 of the cases were required to reopen for the sentencing phase, but Buck's was not one of them. For Buck's sentencing, the defense called Dr. Walter Quijano. Dr. Quijano testified under defense questioning that Buck's likelihood of re-committing a crime was low. Conversely, under cross examination questioning by the state prosecutor, Dr. Quijano agreed with the prosecution's line of questioning that being black is a factor to consider for the future dangerousness of a person. This was similar testimony to the other 5 cases That Quijano testified in and the sentences were overturned. However, when the United States Supreme Court reviewed Buck's case, the Court stated that the testimony about race was improper but the defense opened the door to this testimony since Quijano was their witness. Therefore, the Supreme Court would not overturn the sentence that was given. Basically, it was the defense's fault. Buck may die because his lawyer called the wrong witness. In capital murder convictions, there are several factors that can be considered in sentencing a person to life in prison or the death penalty. Sentencing is based upon 2 things: mitigating factors and aggravating factors. Mitigating factors are facts presented by the defense to ask for leniency, in this case, life without parole and not the death penalty. Mitigation includes the defense calling psychologists and witnesses to testify to a person's upbringing and how it influenced their behavior, IQ level and intelligence, lack of understanding what may have occurred, lack of criminal history and family ties. Family members and friends are often called to testify for leniency often begging for mercy on behalf of their loved one. On the other hand, aggravating factors are those reasons why a person should be sentenced to a harsher sentence. The prosecution has the right to present testimony and evidence as to why a sentence should be stiffer. Examples of aggravating factors are: If the defendant is a future danger to commit crimes again, whether the defendant committed more than 1 murder at a time, the victim's age or if the murder was for monetary gain of some sort. Victims and victim's family members are often called to testify about the impact the defendant's actions had on them. However, race should never be a factor for aggravating circumstances, which was used in Buck's case. He testified that with Buck being black he was more likely to re-offend. In the case of Buck, despite Quijano being called as a defense witness, he testified that with Buck being black he was more likely to re-offend. The inclusions of race as a factor is an unconstitutional argument and helped seal his death sentence. The prosecution took the defense's mitigation witness under cross-examination and made him testify as an aggravating witness by stating that being black is a factor in a person reoffending. This was a costly and potentially deadly mistake to Mr. Buck. The wave of support to grant Buck a new sentencing hearing has been joined by many including one of the prosecutors on the case, Linda Geffen, who wrote on behalf of Buck to get a new sentencing hearing. Buck's step-sister Phyllis Taylor has joined the fight to get Buck resentenced as well. 5 of the 6 cases mentioned by former Texas Attorney General Cornyn were reheard for sentencing, all of which ended with resentencing to death. (source: Opinion; Eric Guster is a civil rights and criminal defense trial lawyer----thegrio.com) *************************** County, defendant face long trial after death of deputy----Capital murder case could cost millions When Ian Cantacuzene heard on television the name Dan Higgins in connection with the shooting of a Midland County deputy, he said that he was "shocked" because in his experience with Higgins he found him to be a "very pleasant, very nice guy." Cantacuzene, who was representing Higgins on a previous drug charge, then went to the Midland County jail to advise his client. "What I did was go down to make sure he was OK, to tell him that I believe they are going to charge him with capital murder, potentially they were going to seek the death penalty, that he would need to remain silent, and that he would need to ask for a court-appointed lawyer," Cantacuzene said. More than a week after Higgins is alleged to have shot and killed Sgt. Mike Naylor while he was serving an arrest warrant on Higgins, investigators and the District Attorney's Office have remained silent concerning the capital murder case. But attorneys and experts reached for comment paint a picture of a long, stressful and complex process that could last as long as a decade and cost the county millions of dollars. For Cantacuzene, who represented Clinton Lee Young, the last man Midland County sentenced to death row, the burden of a death penalty trial is both "scary and terrifying." "You've got a person's life in your hands. That's the ultimate responsibility as a lawyer," he said. "That is an awesome burden that keeps you awake at night. If you're not scared by it to some extent, you probably shouldn't be representing the person." Al Schorre, a former Midland County district attorney who worked on 6 death penalty trials in his career, said that Midland County District Attorney Teresa Clingman and her legal team will be combing through the facts in the case and Higgins' history to determine whether they should pursue the death penalty. "Even though it's technically a capital case, you try to make the assessment - is this a case that you think a jury would probably, a local jury, a Midland County jury, would be likely to return a sentence of death?" Schorre said in a phone interview with the Reporter-Telegram from his home in Colorado. Both men agreed that the process will be long and costly, both in terms of man-hours worked on the case and money the county will have to put forth. Keith Price, associate professor of criminology at West Texas A&M University, said that part of the calculation for the district attorney is the monetary cost of such a case, which can run upwards of $3 million. "Is (the district attorney) willing to spend a couple of million dollars of [her] budget to give this guy the death penalty?" Price said. "You spend that money on one case, then that money ???s not available for other bad things that happen. So [she'll] have to be very careful about making that decision, and [she] won't make that decision for a long time." While the death penalty is one of the options in the capital murder case pending against Higgins, Price said there is another option that carries a similar penalty but is not as costly: a capital life conviction without the chance for parole. "Capital life you can get a plea bargain on, you can get the guy to plead guilty, he accepts life without parole, he's going to prison for the rest of his life, and you've accomplished the exact same thing from a retribution standpoint," Price said. "The guy's going to die in prison. Now, he's not going to die in the death chamber, but he's going to die in prison, so he is basically spent his life for the crime that he committed against this police officer." Price, who formerly was a prison warden at the Clements unit near Amarillo, said that inmates in Higgins' position face a grim future. "There's a really good chance that the state will, one day, put a needle in his arm, and extinguish his life," Price said. "Even if they don't do that, there's an even higher possibility that they will send him to the Texas prison system and let him stay there, however long that is, until he dies. Now, neither one of those are very nice options for one's life, so I suspect he [has] probably - if he's got any sense - some stress about him," Price said. But there is no way to predict how the trial will turn out, Price said. "It is a roll of the dice," Price said. "Nobody knows how a capital murder trial is going to play itself out." (source: Midland Reporter-Teleglram) PENNSYLVANIA: Death penalty isn't an effective deterrent Last Tuesday evening in a Montgomery County courtroom, a jury sentenced to death 28-year-old Raghanundan Yandamuri, a man convicted a week earlier of murdering a baby and the baby's grandmother. A short while later, commenting on the sentence in a local TV interview, one of the prosecutors, Deputy District Attorney Samantha Cauffman, calmly told a reporter: "It won't give them back what they lost, but it is a sense of closure for them." She was referring, of course, to the effect the execution (if carried out) would have on the victims' family. Apparently, Cauffman is oblivious to the fact that the sentence she fought to bring about, and was now so cavalierly referring to, involves the cold-blooded killing of another human being - even if it is being carried out by the state on someone who has been convicted of murder. At best, executing Yandamuri may satisfy a desire for vengeance or retribution among family and friends of the victims, and that's certainly understandable. But closure, which literally means "an ending" or a conclusion to the nightmares suffered by the family, is something a lot less certain. And killing - even by the state - is still killing. In recent years, the word "closure" has been loosely bandied about in various types of tragedies by individuals who have no idea what it actually means. Rather than true closure, there will probably be a great deal more anguish for the victims' family when Yandamuri goes through his lengthy appeals process. Based on experience, that strategy is almost a certainty. While Pennsylvania has the 4th-largest death row in the country, the only people who have been executed in the state since the reinstatement of the death penalty by the U.S. Supreme Court in 1976 were 3 inmates, all convicted of murder and put to death between 1995 and 1999. And that was only after they had waived their appeals and asked that the executions be carried out. Following just about every death penalty conviction, and often lengthy trials, the Commonwealth routinely goes through the expensive and additional time-consuming process of fighting appeals. Yet, almost all of these cases end with a life sentence. According to a recent Associated Press study, 124 death sentences in Pennsylvania have been overturned and the individuals resentenced. When the original errors were corrected, 95 % (118) resulted in life sentences or less. Only 6 inmates were resentenced to death. For a great many reasons, it's well past the time for the Commonwealth of Pennsylvania to join the 18 other states and the District of Columbia that have abandoned capital punishment. Among the 18 are 4 of Pennsylvania's 6 neighboring states - New Jersey, New York, Maryland and West Virginia. Delaware and Ohio still have the death penalty. In New England, with the exception of Vermont, capital punishment has been banned. And even in Vermont, it's only applied in the case of treason. Before a Supreme Court decision in 1972 effectively banning such practices, death sentences could be imposed for crimes like cattle rustling (Texas), grave desecration (Georgia) and forcing a woman to marry (Arkansas). Between 1977 (a year after the U.S. Supreme Court reinstituted the death penalty) and 2009, 1,188 people were executed in the U.S. - most of them by lethal injection. 82 % of those executions took place in the South, with 37 % of them in just 1 state: Texas. Texas has the 2nd-largest population of any state, trailing only California. However, since 1977, Texas has executed 517 inmates, while California has executed only 13 and none since 2006. Proponents of the death penalty insist that it is an important tool for preserving law and order, that it deters crime and that it costs less than life imprisonment. They argue that retribution, or "an eye for an eye," honors the victim, helps console grieving families and ensures that the perpetrators of heinous crimes never have an opportunity to cause future tragedy. Realistically, the proponents' claims are as convoluted as a skit on "Saturday Night Live." In effect, they maintain that to teach people that killing is wrong, the state often has to kill people. Opponents of the death penalty argue that capital punishment has no deterrent effect on crime, that it wrongly gives governments the power to take human life and that it perpetuates social injustices by disproportionately targeting people of color and people who cannot afford good attorneys. They further insist that lifetime jail sentences are a more-severe and less-expensive punishment than death. FBI data supports the opponents' arguments that the threat of a death penalty rarely deters criminals. A report for 2011 reveals the states without capital punishment have homicide rates 18 percent below the states that retain it. It additionally reveals the Northeast region of the U.S., which uses the death penalty the least, had the lowest murder rate of the four geographic regions throughout the country. By contrast, the South, which carries out more executions than any other region, had the highest murder rate. According to Amnesty International, 2/3 of the world's nations (141) have abandoned the death penalty, with the overwhelming majority of executions occurring in only 5 countries - China, North Korea, Iran, Yemen and, sadly, the United States. These are certainly not the countries most citizens of the United States want to be grouped with. (source: Commentary, Jerry Jonas; The Intelligencer) VIRGINIA: Va. medical examiner reverses ruling to no known cause of death in Prince Rams case Virginia's chief medical examiner has reversed a ruling that a 15-month-old boy died by drowning in Manassas in 2012, finding that the cause of Prince McLeod Rams's death "should be changed to undetermined" and that "the possibility of a natural death cannot be totally eliminated." The reversal was 1 of 2 key setbacks Friday for Prince William County prosecutors, who are seeking the death penalty against the boy's father, Joaquin S. Rams, whom they suspect of killing his son and 2 others as part of an attempt to collect 6-figure insurance payouts. Prosecutors moved to use the other 2 uncharged slayings as evidence against Rams, but Prince William Circuit Court Judge Craig D. Johnston denied their request. The judge ruled that "a propensity" to commit crimes is not admissible to prove guilt in one specific case. "The case against Mr. Rams is incredibly weak" after the medical examiner's reversal, defense attorney Tracey Lenox said, arguing that prosecutors were trying to save the case by introducing 2 uncharged slayings. And the judge prohibited it, saying it would lead to "3 murder trials in 1." Rams, 42, has been in jail without bond since his arrest in January 2013. Police in Manassas, where Prince Rams was allegedly slain in October 2012, long suspected Joaquin Rams in the March 2003 shooting death of his ex-girlfriend, Shawn Mason, and the November 2008 asphyxiation of his mother, Alma Collins, which was ruled a suicide. In June 2013, prosecutors convened a special grand jury to hear evidence about the 3 cases. That grand jury then increased the murder charge in the Prince Rams case to capital murder and handed up a murder indictment for the slaying of Mason. But last August, prosecutors quietly dismissed the murder charge in the Mason case. Assistant Commonwealth's Attorney James A. Willett was not available to comment after Friday afternoon's hearing. No trial date has been set in the death-penalty case. In addition to the sudden deaths of 3 people close to Joaquin Rams, all 3 had significant life insurance policies, including three policies totaling more than $500,000 on his young son, raising investigators' suspicions. Prosecutors said that Rams inherited more than $162,000 from his mother's estate but has not received any money from the policies for his son and ex-girlfriend. "It is really the money that binds these cases together," Willett told the judge, "and establishes a single criminal enterprise." But the prosecutor said he also needed the evidence of the other two deaths because "we don't have any direct evidence of the manner of death, as a result of" the new report by William T. Gormley, the state's chief medical examiner. Instead, Willett said, the other cases would provide circumstantial evidence that Rams killed his son. The new medical examiner's report was sent to prosecutors last week. It overrules the original autopsy done by Constance R. DiAngelo, an assistant chief medical examiner for Northern Virginia, who concluded that because Prince was found naked, wet and cold and had fluid in his sinuses, lungs and intestines, he must have drowned. Rams's attorneys argued last year that the boy was wet because his father had found him having a seizure, took him to a bathtub and splashed cold water on him until paramedics arrived. They also noted that Prince was on life support for more than a day, receiving intravenous fluids, before he died at Inova Fairfax Hospital on Oct. 21, 2012. The boy also had previously suffered a series of febrile seizures, or convulsions, including four in 24 hours the month before he died. So Gormley reviewed DiAngelo's autopsy and in a letter to Prince William prosecutors wrote, "I have determined that the cause of death should be changed to undetermined." He said the fluid in Prince's body could have been caused by the fluids received in the hospital and that "some form of generalized epilepsy associated with febrile seizures cannot be ruled out and is supported by the history. .?.?. A homicidal manner of death cannot be proven to a reasonable degree of medical certainty with the available data." Gormley was not available Friday to explain why he revisited the case, his assistant said. But court records show that prosecutors were already searching for second opinions on the cause of death and did so shortly after a series of articles in The Washington Post last year in which medical experts and Rams's attorneys questioned the drowning finding. Assistant Commonwealth's Attorney Teresa A. Polinske contacted a forensic pathologist in Kentucky, a pediatric neurologist and epilepsy expert in New York, and a pediatric emergency doctor in Richmond. The prosecutor sent medical and police records, photos and surveillance videos and the articles in The Post. Court records show that the emergency doctor agreed with the determination of a drowning. The neurologist concluded that Prince had been asphyxiated or drowned. The forensic pathologist strongly disagreed with the drowning finding, saying the death was possibly seizure-related and consistent with "Sudden Unexplained Death in Childhood." (source: Washington Post) GEORGIA: DA seeking death penalty against men charged in couple's deaths, says other slayings likely Authorities in Atlanta say 2 men accused of killing a pregnant woman and her fiance may have killed others. Prosecutors are seeking the death penalty against 40-year-old Andre Cleveland Gay and 41-year-old Richard Augusta Wilson in the slayings of Briana Brooks and Jeronta Brown. The 2 DeKalb residents were kidnapped on Aug. 30 and killed when a ransom wasn't paid. Authorities say they believe Gay and Wilson are responsible for other deaths. Fulton District Attorney Paul Howard said Friday the 2 men killed at least 7 people there. And Atlanta police expect to tie more unsolved murders to the men. Gay was paroled after serving time for a double murder, and Wilson is out on parole after pleading guilty to manslaughter and robbery. Defense attorneys for the men haven't commented. (source: Associated Press) ************ Faith & Values: Little is easy about capital punishment Little is easy about capital punishment cases, save for the raw anger such cases universally evoke. Capital punishment typically involves heinous crimes by perpetrators who appear brazenly bereft of empathy for their victims. These cases deeply violate our sense of decency. And they violate our sense of moral contract. The city of Richmond has had its fair share of such cases, as has Virginia. Such crimes not only affect innocent victims, they also have a devastating impact on the lives of those victims' families, their friends and other loved ones - to say nothing of surrounding communities. And this is often equally true for the families of the perpetrators. Victims all. As University of St. Thomas law professor Mark Osler, a former federal prosecutor, says, "It is all tragedy." This month, the University of Richmond School of Law will offer 2 programs addressing capital punishment. The 1st is a daylong symposium on Friday titled "Lethal Injection, Politics and the Future of the Death Penalty." The 2nd is an evening program on Oct. 28 titled "Jesus on Death Row: The Trial of Jesus and the American Capital Punishment System." Both programs will afford an opportunity to consider our use of the death penalty in the commonwealth of Virginia, the third-leading state in the country in the use of capital punishment since it was reinstated in 1976 (Virginia: 110; Oklahoma: 111; Texas: 517). Both programs should prove to be engaging and thought-provoking. "Jesus on Death Row," however, may prove to be the more challenging of the 2 programs. The challenges surrounding lethal injection, the politics of capital punishment and other issues affecting the death penalty's future are important aspects of the conversation. Yet, comparatively, these are easier to consider - as safer, more intellectual aspects of the conversation. Considering capital punishment from the perspective of faith renders the issue infinitely more complex and confounding. Our initial impassioned response to such heinous crimes is a visceral sense of rage, with accompanying cries for retribution and justice Yet, in the Christian faith, Scripture tells that Jesus asked for forgiveness on the cross, not revenge or retribution. "Father, forgive them; for they know not what they do." And we respond in chorus, "No way, kill the murderers! We want justice!" It strikes me that the faith journey begins at the point when we are most consumed by anger - with fists clenched in righteous rage. This is where Jesus, as he often does, confronts and confounds us. When and where we are most broken. And it is through the open wounds of our brokenness that God's grace engages us. The Old Testament argues for retribution: an eye for an eye, murder for murder. Not Jesus. Jesus preaches forgiveness and mercy. By extension, most major faith traditions have opposed capital punishment for decades - as has my Episcopal tradition since 1958. In his new book "Dear Friends," the Rev. Christopher Webber writes in a "Saint Paul inspired" letter to Texas, asking, "And how, if you value life, can you as followers of Jesus Christ use the law to bring death to those who have taken the lives of others? Did not Jesus, dying under the law, forgive his murderers and open heaven to his fellow sufferer? Can you truly imagine that Jesus would condemn anyone to death? How can we as Christians, condemned by the law ourselves and forgiven in Jesus Christ, condemn others no matter how evil their deeds?" We as Virginians, along with Texans, need to consider these difficult questions. Webber goes on to say, "Let them be removed from society and allowed opportunity to understand the evil they have done and repent and find forgiveness but let us not stain our own hands with the blood of others." I heartily concur. Life is for God to take, and God alone. Chicago public defender Jeanne Bishop chronicles this very faith journey in her forthcoming book, "Change of Heart; Justice, Mercy and Making Peace with My Sister's Killer." At the trial of Jesus at UR, Bishop will defend Jesus and argue for life. Osler will represent the commonwealth, applying Virginia law, and argue for death. As in Scripture and as in our "modern" legal system, a jury of citizens will decide. In the end, faith challenges us to struggle with the difficult truth that we are all children of God, even those who appear to be the worst among us. (source: Craig Anderson is a psychologist and the director of counseling services at Randolph-Macon College. He is an active member of the Church of the Holy Comforter and the Episcopal Diocese of Virginia----Richmond Times-Dispatch) FLORIDA: Scott, Crist both tough on crime, but different As the state's chief executive, the governor of Florida wields significant power over the court system and has great influence on how the state keeps the public safe. Rick Scott and Charlie Crist have different views of how that power should be employed. Though both men say they endorse the death penalty, by and large, Scott advocates a harder line on crime. Crist says he, too, is tough but that he favors a more balanced approach. These differences in tenor are evident in the 2 candidates' positions on guns, prison sentences, civil rights and judicial appointments. A former Republican now running as a Democrat, Crist used to embrace the nickname "Chain Gang Charlie," earned as a state senator when he sponsored legislation to revive chain gangs. Now, he says, times are different. In addition to long prison sentences, the state should consider what works and how to reintegrate felons into society to make them less likely to commit more crimes, he says. Asked if he still should be called "Chain Gang Charlie," Crist balked. "It's important to remember the context of the original 'chain gang' legislation: Florida was seeing record high crime and folks didn???t feel safe in their homes," he said in an email response. "I believe in justice - but I also believe in mercy." Crist has also tempered his support of former tough-on-crime laws, including one he sponsored, the Stop Turning Out Prisoners act, which requires prisoners to serve 85 % of their sentences, as well as 10-20-Life, which stiffened minimum mandatory sentences for gun crime. "I fully support the concepts of the STOP Act and 10-20-Life, and I'm not necessarily in favor of changing them, but after 15 and 20 years it is appropriate to review them and see if they can be improved," Crist said. Republican Scott's campaign says Crist's stance is just another example of the former governor reversing positions. The incumbent says this is no time back down. "Law enforcement officials agree that Charlie Crist's flip-flop on important policies like mandatory minimum sentencing and 10-20-Life threaten the progress we've made in achieving a 43-year low in Florida's crime rate," said Scott campaign spokesman Greg Blair. Those laws have contributed to the growth in the prison population and increased costs for the Department of Corrections. When Scott ran for governor in 2010, he promised to cut $1 billion from the state's $2.4 billion budget for prisons. He made cuts but was unable to keep that pledge; the prison budget now is $2.1 billion. With more than 100,000 inmates and 55 prisons, Florida, the third most populous state, has the third largest prison system in the country. But federal statistics also show Florida also has one of the highest incarceration rates in the country, with 524 people behind bars for every 100,000 people in 2012. 7 of the prisons, with about 10,000 inmates, are privately run, and Scott has fought unsuccessfully to expand the privatization of prisons. As governor and a state legislator, Crist also targeted prison budgets. In 2007, under Crist, Corrections Secretary James McDonough proposed saving money by erecting tents for some inmates and putting some to work in road crews. When the economy slid in 2009, Crist wanted to use money set aside for building prisons to plug holes in the budget. A year earlier, his budget proposal called for a budget increase of $186 million for construction of facilities for 4,149 new prison beds. Crist says he opposes further privatization. "Private prisons focus on filling beds rather than rehabilitating those who find themselves behind bars," he said. The prison system has also been the focus of scandals, with the Florida Department of Law Enforcement investigating 82 cases in which inmates died of nonnatural causes. The department has fired dozens of employees, several over allegations that they punched and beat inmates. The controversies, Crist said, underscore that the department "needs a comprehensive review of both its prison operations and its budget. We need to improve correctional officers' training, basic services to inmates, and the rehabilitation programs that will reduce recidivism." Asked if Scott still hopes to cut $1 billion from the prison budget and if he still plans to expand prison privatization, his campaign spokesman did not respond directly, saying Scott "is proud that his administration has saved money in the corrections system while achieving a 43-year low in Florida's crime rate." Crist and Scott differ sharply on how to treat felons after they have served their sentences. Shortly after he became governor, Crist pushed through changes to grant nonviolent former felons an automatic restoration of their civil rights, including the right to vote. Crist said at the time that people convicted of crimes should be able to move forward after paying the price levied by judges and juries. According to the American Civil Liberties Union, an estimated 154,000 former felons had their civil rights restored under Crist after the reforms he initiated in April 2007, a rate that was previously about 8,000 annually. The change was supported by civil rights groups but opposed by some law enforcement organizations. After Scott took office in 2011, he and Attorney General Pam Bondi rolled back Crist's changes, saying nonviolent former felons should have to wait up to 5 years and violent felons 10 years before applying to have their civil rights restored. A 2012 study by a national group that advocates for post-release rights found Florida had the nation's highest percentage of people prohibited from voting because of a felony record - 10.4 % of the total adult population and 23 % of adult African-Americans. Asked several questions about criticism of his rollback, the Scott campaign responded with a single sentence: "Governor Scott respects the process that is in place for restoring rights for convicted felons." This hard-line vs. moderate approach carries over into the 2 candidates' positions relating to guns. Earlier in his career, Crist and the National Rifle Association were the best of friends. The gun rights group endorsed Crist when he ran unsuccessfully for U.S. Senate against Marco Rubio and gave him a grade of A on its report card designed to guide voters. As governor, Crist was known for signing pro-gun rights measures into law, including one that allows people to bring their weapons to work and leave them in the trunks of their cars. This time around, the NRA has a different view of Crist. The organization's latest grade for him is a D, compared to A+ given for Scott. NRA official Chris W. Cox said, "Rick has signed more pro-gun bills into law in one term than any other governor in Florida history." Scott has signed 12 NRA-backed bills into law, nine more than Crist. Asked if Scott supports restricting access to assault weapons or increasing background checks for gun purchases, his campaign said Scott "is a strong supporter of the Second Amendment. In 2013, he signed legislation, with the support of Second Amendment advocates as well as mental health professionals, that helps keeps firearms out of the hands of individuals who pose a threat to themselves." Among the laws signed by Scott was one recently upheld by a federal appeals court that bars doctors from asking patients about their guns or recording that information in records unless it was medically necessary. Crist now favors expanded background checks for gun purchases. "I'm a believer in the Second Amendment, and I grew up hunting," Crist said. "I don't think you need an assault rifle to hunt a deer. But what's most important is making sure we keep guns out of the hands of criminals." The 2 men have different styles when it comes to picking judges, but both have been accused of trying to appeal to political constituencies in their judicial selections. Crist picked 4 Supreme Court justices, with his 1st 2 very conservative and his 2nd focused on making the court more diverse. In each instance, he was described by observers as trying to shore up voting blocs. Scott has not had the opportunity to appoint any Supreme Court justices but has clashed with the Legislative Black Caucus by telling members he won't pick judges who think differently than he does to achieve diversity. In January, the caucus canceled a meeting with Scott, saying it was disappointed in part in his failure to promote diversity in the judiciary. In May, the Florida Bar released a report critical of Scott and calling for more diverse judicial appointments. Saying the judiciary is "woefully unrepresentative" of the state, the report noted that just 16 % of 981 state judges are nonwhite, a portion that has remained about the same since 2000. (source: Tampa Tribune) From rhalperi at smu.edu Sun Oct 19 15:56:45 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sun, 19 Oct 2014 15:56:45 -0500 Subject: [Deathpenalty] death penalty news:----CALIF., USA Message-ID: Oct. 19 CALIFORNIA: Motive for fatal knife attack on Pasadena couple still unknown Jacob Bersson accepted his cousin's offer and moved to California from Florida in June. He told a friend he needed change and it was a good opportunity. He described how nice people the Bressler's were and how good a time he was having. The 29-year-old now stands accused of stabbing to death the Pasadena couple who opened their home to him - his 2nd cousin, Chefs Center general manager Larry Bressler, and Bressler's wife, Denise. Wearing a county jail jumpsuit of a yellow top and blue pants, a handcuffed Bersson appeared Friday at Pasadena Superior Court to answer to 2 murder charges. But his arraignment was continued to Nov. 3 so he could be assigned an attorney. Unlike his profile picture on Facebook, Bersson wasn't wearing glasses, had a mustache and the beginnings of a beard. He spoke clearly when asked questions by the judge. In addition to the two counts of murder, the criminal complaint includes an allegation that Bersson personally used a knife to commit the killings. Because there is a special circumstance allegation of multiple murders, he could face the death penalty or life in prison without parole. The District Attorney's Office will decide later if it will seek the death penalty. Bersson stayed with the Bresslers in the 200 block of North Madison Avenue in Pasadena. For reasons still unknown, authorities allege he forced his way into the couple's bedroom and stabbed them with a kitchen knife on Oct. 13. Larry Bressler summoned help by calling 9-1-1 around 6:20 a.m. He identified Bersson as the suspect and told police his cousin left the apartment. Police found Bersson in bloody clothing and with a cut on his left arm about a block away. Pasadena fire officials described his injury as minor. Laura Simpson, who is Larry Bressler's niece, described him as a good-hearted person who loved music, food and cared about others. "Everyone is shocked," Simpson said. "He was wonderful, funny, always laughing. He was a good person. Denise was this tiny sweet lady. She had a beautiful voice, taught piano a long time. They were a nice happy couple." She only met Bersson once when they were children. He was a distant cousin to her. Larry Bressler's mother Ellin Snow, 75, who lives near Seattle, Washington, knew Bersson was living with her son and her daughter-in-law. Her son often called her. Her impression was Bersson was somewhat lost and that he needed some direction. Snow said she didn't really know him. "I can tell you Jacob came from one of the loving families I know," Snow said. She described Bersson's mother and grandmother as truly loving people. Snow said she loved her daughter-in-law, Denise, very much. "She was sweet, loving. She was a dear person to me," Snow said. Larry Bressler was joyful, loving, gregarious, a wonderful cook, creative and artistic, according to his mother. "I called him my Larry Boy. From the time he was my baby, he was a wonderful guy to me and what I'm finding out, to a lot of friends," she said. Snow said she always knew her son cared about people but she didn't realize how he was a big part of people's lives until she saw the emails and comments from his friends. It also didn't surprise her that Larry Bressler extended a helping hand to Bersson. News that Bersson is suspected of 2 murders shocked Chris Phillips, who has known the 29-year-old since middle school. He said Bersson isn't a violent person, wasn't the type to throw temper tantrums and loves animals. "My heart goes out to his cousin and his cousin's family. I'm just in shock," Phillips said. "Such a tragedy. I'm so sorry. I can't believe this has happened." He said no one could believe it when he told them. Phillips wondered if drugs were involved. "But he was someone who would experiment with psychedelic drugs," Phillips said. "I know he experimented. Drugs that mess with your mind, He was into mind-bending stuff." The stabbings happened in the morning. He pointed out that waking up at 6 a.m. wasn't normal for Bersson. "The kid would stay up late and go to bed at 2 or 3 am.," Phillips said. A couple of weeks ago, he said Bersson started posting "really weird stuff" on Facebook. He said Bersson wrote about getting up in the middle of the night, seeing a praying mantis and taking a picture of it. Phillips said there was a description of how Bersson felt like he was the praying mantis. Phillips mentioned an Oct. 5 posting by Bersson. "He says, 'Now I fully understand why as a kid my favorite video games were ones where the protagonist descends into dark labyrinth and confronts demonic formations,'" Phillips read. "Now that is kind of odd to me. He doesn't speak like that." Bersson has gone through a lot, according to Phillips. He said Bersson has been battling depression since high school and was obese. Bersson was happy when he lost a lot of weight, Phillips said. He later gained the weight back. 3 to 4 years ago, he said Bersson pretty much spent time in his room playing video games. Bersson was into role playing games but Phillips didn't know the names of the games. "He wouldn't go out. Edgy and mean. He was depressed." Bersson's father died several years ago and his stepfather died of a brain aneurysm a year ago, according to Phillips. He said Bersson's mother lost her business and sold her home. "I think her accountant messed up. She ended up losing her business over it. She had to sell the house," Phillips said. Bersson got a job at a paper shredding company but didn't last long there. Phillips didn't know the reason why. "That's when his cousin reached out to him, trying to help him," Phillips said. His cousin told Bersson he could move out to California and stay with him. "He was really, really excited," Phillips said. "He just wanted to get out of his funk. Said, 'I need a change.' He said it was a good opportunity for him." Bressler is due to return to court next month. (source: Contra Costa Times) *************************** Jurors hear video of suspect bragging about killings of 2 Chinese students in California Jurors in the case of a man charged with the murders of 2 Chinese students at the University of Southern California were played a videotape Thursday where he bragged about the shootings. Prosecutors played the video of Javier Bolden boasting to a cellmate after his arrest in the killings of Ming Qu and Ying Wu. The 23-year-old engineering students were shot on April 11, 2012, while sitting in a parked car in a neighbourhood near the campus. The deaths fueled concerns in China about the safety of students abroad and it spurred USC to provide more protection around campus. Bolden's cellmate was a police informant who secretly recorded him discussing how he and a friend had planned to steal the couple's BMW. The 22-year-old Bolden is charged with 2 counts of murder and attempted murder and assault with a firearm in a separate shooting that occurred months earlier. Bolden's attorney Andrew Goldman said his client lied to the informant to appear tough and said he would have admitted to the Boston Marathon bombing to impress the informant. The informant had told Bolden he was arrested on murder charges. Deputy District Attorney Dan Akemon showed jurors a 90-minute-long police interview that he said was Bolden's confession. In it Bolden admitted that he and a friend targeted USC to find well-off victims. Goldman said his client made the confession under duress and that Bolden denied involvement in the shootings until a detective mentioned he could face the death penalty. In February, Bolden's friend, Bryan Barnes, pleaded guilty to two counts of 1st-degree murder in the USC shooting. He was sentenced to life in prison without the possibility of parole in a plea deal to avoid the death penalty. (source: Associated Press) USA: Judge rejects Tsarnaev request for dismissal of charges A federal judge refused Friday to suppress evidence in the case of suspected Boston Marathon bomber Dzhokhar Tsarnaev that was uncovered when the FBI searched his computer, Dartmouth dorm room, and his family's Cambridge apartment in the days and months after the bombings. US District Court Judge George A. O'Toole Jr. also rejected a defense request to dismiss the case, after Tsarnaev's lawyers said the secret grand jury that indicted Tsarnaev was improperly empaneled. O'Toole refused to hold a hearing on the requests, finding that Tsarnaev's defense "has failed to prove a violation of the fair cross section requirements" of federal law. The judge's rulings come as lawyers are scheduled to meet Monday for a status hearing in federal court in Boston, to go over evidence in the case. Tsarnaev, now 21, is slated to stand trial in January on charges that he and his brother set off the bombs at the Marathon finish line on April 15, 2013, that killed 3 people and injured more than 260. The brothers also are accused of fatally shooting an MIT police officer. Dzhokhar Tsarnaev faces the possibility of the death penalty if convicted. Tsarnaev's older brother, Tamerlan, was killed days after the bombings in a confrontation with police. In his rulings Friday, O'Toole found that Tsarnaev failed to show that his rights were violated by a flawed jury selection process. Tsarnaev's lawyers had argued that the selection system was flawed because not enough African-Americans were represented, because the court allowed people over 70 to excuse themselves, and because the court did not follow its own rules to replace jurors whose summons were returned as "undeliverable." O'Toole also refused to suppress evidence gathered by federal investigators. Defense lawyers had argued items that were confiscated went beyond what was authorized by search warrants. The judge ruled that investigators properly obtained the warrants for the searches, but O'Toole said defense lawyers could contest specific pieces of evidence that prosecutors want to introduce to jurors during the trial. "The defendant has failed to present any specific facts to support a showing that general rummaging occurred," the judge said. (source: Boston Globe) *********************** Book review: An honest, compelling look at 'The Mother Court' "THE MOTHER COURT: Tales of Cases That Mattered in America's Greatest Trial Court," by James D. Zirin. American Bar Association. 308 pages. $29.95. James D. Zirin was a young lawyer when he began his career in the prestigious U.S. District Court for the Southern District of New York, known as The Mother Court. Through his eyes, we meet the practitioners he most admires, and a few he doesn't. This rare and valuable book is an honest assessment of what he learned about the law and the people who shape it. Zirin writes like a novelist glancing back at conflicts that found resolution here. Although settled in court, ambivalence can remain when those same issues reappear. The Rosenberg espionage case is an illustration. Fundamental to all prosecution is the breaking of a law. Doing something bad is not enough for an arrest. The bad act must defy a law as written. Charging the Rosenbergs with treason wouldn't stick because of the Constitution's precise wording. Treason requires a person to aid the enemy during war. But in 1944, Russia was our ally. The Espionage Act of 1917 was a better fit, because it prohibited the passing of secret information to a foreign government. Then Congress passed The Atomic Energy Act of 1946. It criminalized "atomic" spying, and, more significantly, gave the death penalty decision to the jury, not the judge. Ultimately, the Rosenbergs were "indicted, tried, convicted, and sentenced under the Espionage Act for a 'conspiracy' lasting from 1944 to 1950." Legal scholars believe the Atomic Energy Act voided the Espionage Act. Thus, they argue, the Rosenbergs were sentenced illegally since Judge Irving Kaufman, not the jury, imposed the death sentence. Since the lifting of the Iron Curtain, we now know for certain that Julius Rosenberg was guilty of passing secrets to the Russians. And we also know that he did not get a fair trial. Nor did Ethel. What bedevils this case is not guilt or innocence, but the sentencing. By aiming the media spotlight on himself, Kaufman overlooked the intricate issues involved. And the swift execution prevented an appeal to correct errors made by the prosecution, the defense and the judge. Now here we are again. What should be done with Edward Snowden if he is returned to the United States? There is tension between the government???s need to suppress information, and the public's right to know. We want both "security" and "transparency." The Mother Court also grappled with the government's charge of obscenity (Joyce's "Ulysses"), the longest criminal trial in American history (The Pizza Connection), the Red Scare (the Alger Hiss trial) among many other familiar cases. Why call it "The Mother Court?" Its story goes back to the dawn of the Republic. It is the oldest court in the nation, even predating the U.S. Supreme Court. Why call this book rare and valuable? It bolsters confidence in our court system. Not withstanding the Rosenberg case, Zirin asserts: "It is generally acknowledged to be the best in the justice business." (source: Mandy Twaddell lives in Providence; Providence Journal) From rhalperi at smu.edu Sun Oct 19 15:57:59 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sun, 19 Oct 2014 15:57:59 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 19 PHILIPPINES: Death penalty revival opposed 2 members of the House Independent Bloc on Saturday maintained their opposition against the revival of the death penalty as a solution to the current peace and order problem in the country. Rep. Jonathan de la Cruz, member of the Bloc headed by Leyte Rep. Ferdinand Martin Romualdez, said death penalty will not stop heinous crimes, stressing that "preventive measures" should be done instead by the government. "There is no need to re-impose the penalty of death as crime deterrent," de la Cruz said. "We have enough penalties to impose on those committing heinous crimes," he added. De la Cruz stressed that the government should instead adopt "steady preventive measures, swift and proper judicial action to mete out penalties." "The certainty of lawful action and penalty can make the difference," de la Cruz pointed out. Buhay party-list Rep. Lito Atienza dismissed death penalty a "poison" as he maintained his position on "respect for human life." "Reimposing the death penalty is not the solution to the breakdown in the country's peace and order situation. It is not and never will be an effective deterrent to the commission of crimes and will not address this serious problem," Atienza said. Atienza stressed that the return of death penalty will never be an effective solution to criminal activities. "The problem is the lack of effective and efficient law enforcement but the solution is not the death penalty - this will not stop the heinous crimes in the country; and the defective criminal justice system. Certainty of arrest is the best deterrent to crime," Atienza said. Atienza pointed out that the present police system is in dire need of concrete reforms - from the investigation to the prosecution and judicial action. (source: Manila Standard Today) IRAN---executions 4 prisoners hanged in northern city The Iranian regime henchmen hanged 4 men on Sunday in the main prison in city of Rasht in northern Iran. The head of judiciary in Gilan province did not identify the prisoners but said they were all men that had been arrested on drug related charges. The reports by state run news outlets said the prisoners were 32, 46, 44 and 32 years old. Since Hassan Rouhani has become the president of the regime over 1000 prisoners have been executed whilst the news on the execution of many prisoners never gets out. At least 27 women and 12 prisoners who were juveniles at the time of their arrest, together with 20 political prisoners, are amongst those executed with 57 of these executions carried out in public. During this period, a number of prisoners were killed under torture. In a message on the occasion of the World Day Against the Death Penalty (October 10, 2014), Mrs. Maryam Rajavi, President-elect of the Iranian Resistance, stated that the religious dictatorship ruling Iran is a government of executions based on its history, ideology, laws and daily policies. The head of policy and government affairs at Amnesty International said recently "Iran is a serial human rights offender" adding "President Rouhani has attempted to cast himself as a mild-mannered reformist figure, but the brutal reality is that Iran is hanging an average of 2 prisoners a day, the vast majority after unfair trials." (source: NCR-Iran) MALAYSIA: Suspect in UUM graduate's murder told to enter defence Shahril Jaafar, 33, faces the death penalty if convicted over the murder of Universiti Utara Malaysia graduate Chee Gaik Yap in 2006. ??? The Malaysian Insider pic by Hasnoor Hussain, October 19, 2014.More than 8 years after Universiti Utara Malaysia graduate Chee Gaik Yap was killed, the man accused of her murder has been ordered to enter his defence. Alor Star High Court judicial commissioner Datuk Mohd Zaki Abdul Wahab set December 28 to 31 for the trial of Shahril Jaafar, a 33-year-old businessman, who faces the death penalty upon conviction. Shahril was charged with killing Gaik Yap between 5.30pm on January 14, 2006, and 3.05am the next day, near the Cinta Sayang Club in Taman Ria Jaya, Sungai Petani. Chee, who was 25, was reportedly kidnapped and killed before the body was dumped at the Taman Ria Jaya housing estate where it was found semi-nude on January 15, 2006. It was believed that she was also raped. It was believed that the marketing executive was followed by her assailant while jogging in the housing estate. Deputy public prosecutor Kee Wei Lon said it was now up to the defence to prove its case. "The prosecution will not call any witnesses. We have proven a prima facie case. It is now up to the defence to rebut," he said outside the courtroom. Shahril's lawyer, Shamsul Sulaiman, asked the court to defer the trial dates to January as Shahril's wife would be in confinement then. He told the court she was expected to deliver in mid-December. Zaki rejected the request. He also said that Shahril, who is held at the Alor Star prison, would remain in detention during his wife's delivery. Shamsul then asked the court to transfer the case to the Sungai Buloh prison so that Shahril's wife could visit him, but the court rejected the request. Shamsul later said the defence would call about 10 witnesses, including the Shahril's father, police and Road Transport Department officers, a reporter, a car dealer and an officer from the Australian High Commission. The public gallery was packed this morning with reporters, family members of the accused, Gaik Yap's father Chee Ah Sau (pic, right), 58, and the public. Shahril, who sat in the gallery under police supervision, was seen chatting with a woman believed to be his wife. He told reporters that they were married in January this year. Chee's father, a construction worker, said through Sidam assemblyman Dr Robert Ling that the family hoped that justice would finally be served. Ling said the family had been hurting for a long time. "It has been unfair... not just for the family. Even outsiders feel for the family. "They only want justice and they will go on fighting for it," he said. Chee was the 3rd of 6 children in the family. Her murder case attracted public attention when Shahril, who was arrested as a suspect, fled to Perth, Australia, after he was released on police bail pending a DNA test in 2006. The son of a Datuk who owned a meteorite and opal company, Shahril reportedly evaded arrest for 6 years and police had watched all airports and entry points for him. He was arrested at the Kuala Lumpur International Airport on January 17, 2012 on his return from Perth, and was charged with Gaik Yap's murder 2 weeks later. On June 25, 2013, Shahril was acquitted and discharged by the Alor Star High Court without his defence called. Zaki, in his decision, said the prosecution failed to prove a prima facie case as there was no clear evidence to implicate Shahril in the murder. He said the prosecution failed to prove that Shahril had stabbed the Chee, and the possibility of a 3rd person being involved in the crime, based on evidence by witnesses, could not be ruled out. There was also evidence that Shahril's DNA had similarities to the traces of semen found on the Chee but it was not a complete match. Last week, the Court of Appeals set aside Shahril's acquittal and discharge, and ordered him to enter his defence. The panel of judges led by justice Linton Albert also ordered Shahril to be remanded. (source: The Malaysian Insider) IRAQ: New UN report reveals alarming rise in use of death penalty in Iraq Top United Nations officials are today calling on Government of Iraq to impose a moratorium on the use of the death penalty after a new UN report found an alarming rise in executions carried out by the country since capital punishment was restored in 2005. Equally troubling, warn the officials, is that the report details how executions in Iraq are often carried out in batches on one occasion last year, up to 34 individuals were executed in a single day and that overall, many convictions are based on questionable evidence and systemic failures in the administration of justice. Published jointly today by the UN Assistance Mission for Iraq (UNAMI) and the Office of the UN High Commissioner for Human Rights (OHCHR), the report document that the number of executions carried out in Iraq rose substantially between 2005 and 2009. Alarmed by the scale and extent of the imposition of death sentences in Iraq, and deeply troubled by the weaknesses in the criminal justice system, UNAMI chief Nickolay Mladenov Mladenov, and UN High Commissioner for Human Rights Zeid Raad Al Hussein, jointly called on the Iraqi Government to impose a moratorium on the use of the death penalty as a 1st step towards its abolition, in line with UN General Assembly resolutions. In 2009, 124 people were executed. Despite a drop in the implementation rate in 2010, the number of executions significantly increased between 2011 and 2013, culminating in the hanging of 177 individuals in 2013. Between 1 January and 30 September 2014 at least 60 people have been executed. A press release on the report notes that, as of August 2014, according to the Iraqi Ministry of Justice, some 1,724 prisoners are awaiting execution. This number includes those sentenced to death at first instance, those on appeal, and those awaiting implementation of their sentences. UNAMI and OHCHR have repeatedly voiced concerns about observed weaknesses of the Iraqi justice system, the report states. Criminal investigations and judicial proceedings in death penalty cases frequently fail to adhere to international and constitutional guarantees of due process and fair trial standards. The report goes on to note that in over 1/2 of the trials involving the death penalty monitored by UNAMI, judges systematically ignored claims by defendants that they were subjected to torture to induce confessions, and in the remainder of cases they took little or no action. Moreover, the UN found that in nearly all cases, judges proceeded to convict defendants and sentence them to death based solely, or substantially, on the weight of disputed confession evidence or the testimony of secret informants. Most defendants appeared in court unrepresented, and where the court appointed an attorney, no time was granted to the defendant to prepare adequately a defence. The use of the death penalty in such circumstances carries the risk of grievous and irreversible miscarriages of justice since innocent people may face execution for crimes they did not commit. Far from providing justice to the victims of acts of violence and terrorism and their families, miscarriages of justice merely compound the effects of the crime the report states. The large numbers of people who are sentenced to death in Iraq is alarming, especially since many of these convictions are based on questionable evidence and systemic failures in the administration of justice, said Mr. Mladenov, who is also the Special Representative of the Secretary-General in Iraq. For his part, High Commissioner Zeid urged the new Iraqi Government to make a commitment to address the serious shortcomings in the criminal justice system in the country. The new Government in Iraq is facing many serious security challenges, and it is more urgent than ever that the rule of law is reinforced and firmly entrenched in the country, Mr. Zeid said. Given the weaknesses of the criminal justice system in Iraq, executing individuals whose guilt may be questionable merely compounds the sense of injustice and alienation among certain sectors of the population, which in turn serves as one of the contributing factors that is exploited by extremists to fuel the violence. he added. Among its conclusions, the report stressed that the Government of Iraq urgently needs to develop and implement policies that address the conditions conducive to armed violence and terrorism, but which reinforce the rule of law and that promote the respect and protection of human rights. These should include re-engaging affected communities in policies and decision-making related to their protection, ensuring actual protection by impartial State security forces from insurgent and terrorist activities, committing more resources to enhancing the forensic and investigatory capacities of police and security force members to investigate crimes, and reform of the criminal justice system. (source: UN News Centre) PAKISTAN: The Lahore court's decision to uphold Asia Bibi's death penalty is far from just----Unless influential people oppose Pakistan's harsh blasphemy laws, there's no hope for her or many others facing execution In November 2010, Asia Bibi, a Christian mother of 5, was sentenced to death in Pakistan. Her crime was allegedly insulting the prophet Muhammad during an argument with some Muslim neighbours. The case caused an international outcry; politicians and international human rights organisations took it up; lawyers appealed. Today, the Lahore high court upheld the death sentence. Bibi's case shone a spotlight on Pakistan's harsh blasphemy laws. The existence of blasphemy laws is not itself unusual. All over the world, different countries restrict what citizens can say about religion; Britain had a blasphemy law until 2008. What is exceptional in Pakistan is the extremity of the penalties, and the light burden of proof. Blasphemy carries a maximum penalty of death, yet the law sets out no standards for evidence, no requirement to prove intent, no punishment for false allegations and, indeed, no guidance on what actually constitutes blasphemy. The accuser can refuse to repeat the offending statement in court, and judges can choose not to hear evidence in case it perpetuates the blasphemy and offends religious sensibilities. This means that in some cases, the accused can go through a whole trial without knowing what they are supposed to have done or said. The law is open to massive abuse. As such, it is frequently used to settle personal vendettas and to persecute minorities. Bibi???s alleged blasphemous comments were supposedly made after co-workers refused to share water that she had carried; they said it was unclean because she was a Christian (this is a hangover from the caste system, as most of those who converted to Christianity in pre-partition India were members of the lower castes). She has always maintained her innocence, claiming that these neighbours simply wanted to punish her. The British citizen Mohammed Asghar, who suffers from paranoid schizophrenia, also faces the death sentence for blasphemy. Allegations were made against him in 2010 by a tenant with whom he was having a dispute. No concessions have been made for his mental health condition. Despite these obvious flaws in the legislation and the way it is applied, reform is not coming. When Bibi's case came to prominence in 2010, 3 politicians - Salmaan Taseer, Shahbaz Bhatti and Sherry Rehman - all from the Pakistan People's Party, which was then in power, took up the case and called for reform. The consequences speak for themselves. Taseer was shot dead by his bodyguard in January 2011. In March the same year, Bhatti was killed by Taliban assassins. Rehman was forced into semi-hiding. The then prime minister shelved all reform, cowed into retreat by the potent mix of extremist threats and mob violence. Blasphemy excites strong emotions among parts of Pakistan's public like no other issue. Many people accused of blasphemy are killed by mobs before they even make it to trial. (According to the Islamabad-based Centre for Security Studies, at least 52 people have been killed over blasphemy offences since 1990). Taseer's assassin was showered with rose petals when he arrived at the courthouse for his murder trial. Many took this as evidence of the way that extremist groups have infiltrated elements of Pakistani society, exploiting the public's strong religious sensibility and pushing it further towards intolerance. The power of extremist groups, and the acquiescence of politicians, has had a big impact on the direction of public discussion in Pakistan. The targeting of anyone who speaks out about blasphemy laws has had a chilling effect, and even outspoken liberal voices are reluctant to make the case for reform publicly. Several years ago, while living in Karachi, I wrote on the subject for 1 of Pakistan's leading liberal English-language newspapers. The editors decided not to publish it because the subject was deemed too risky. While this self-censorship is entirely understandable in a country where the authorities provide little protection, it gives extremist ideas the space to flourish and grow. Without people in the halls of power willing to stand up and call for change, there is little hope for Bibi, Asghar and the hundreds of other disenfranchised people sentenced to death under these excessive and nonsensical laws. (source: The Guardian) SEYCHELLES/EGYPT: Seychelles founding president plea to Egypt's President Abdel Fattah El-Sisi The death penalty is a controversial subject in many countries, including the Republic of the Seychelles. The Seychelles, like many nations don't believe in having a death penalty, and life in prison is the ultimate punishment for a crime. Yesterday in a personal letter to Egyptian President Abdel Fattah El-Sisi, Seychelles founding President James R. Mancham calls on the Egyptian leader to show mercy towards 3 Seychelles citizens about to face the gallows. President Sir James R. Mancham asked eTN to publish this letter: 18th October, 2014 THE President Abdel Fattah El-Sisi President of the Republic of Egypt Your Excellency This morning, the popular Seychelles newspaper 'TODAY' has carried on its first page an article entitled "Sentenced to death - Time is running out", concerning the information the paper has received that 3 young Seychellois - Ronny Jean, Yvon Vinda and Dean Loze will be executed on November 5th 2014 following the rejection of their appeal against the death sentence imposed on them by the Egyptian courts on the 7th of April 2013. The 3 Seychellois were arrested on the 22nd of April 2011 in the Red Sea after Egyptian Police Officers found 3 tons of drugs inside their South African flagged boat. Whilst the Seychelles Government has adopted a "zero tolerance" policy against drug trafficking and cannot interfere with the Egyptian system of justice, it has nonetheless involved the Egyptian authorities with a view to spare the 3 persons the penalty of capital punishment which does not exist in Seychelles legal system at this time. Seychelles is a small nation with only 90,000 people, living more or less next to each other and whilst the Seychellois people feel that the 3 young men deserve maximum penalty of imprisonment - they should in the circumstances prevailing, be spared the gallows. As the founding President of the Republic and as the recipient of Gusi Peace Prize Award for Statesmanship in 2011; as the recipient of the International Jurists Award in 2010 and as the elected member of the Committee of Elders of COMESA who represented the African Union at the last Egyptian Presidential Elections before Your Excellency was elected to office in his own right, I consider it my duty to support the Seychelles Government's plea for clemency for these 3 Seychellois, with a view to commute their death sentence to one of imprisonment. Your Excellency, I have personally, during my lifetime, held Egypt and the Egyptian people in high esteem and affection, ever conscious of the Nation's important civilizing role in the history of our planet. - As a young man growing up in Seychelles, one of my family's preferred songs was "See the pyramids along the Nile: watch the sun rise over tropic isles." Through this song, I became endeared to Egyptian history and geography - and e.g. learnt that Saad Zaghloul Pasha ibn Ibrahim was an intelligent Egyptian national hero, was exiled together with five other political personalities by the British in Seychelles in 1922 when he arrived onboard a British warship. In 1923, he was allowed to return to Egypt where he became Prime Minister in February 1924. Pasha died in Cairo on the 23rd of August 1927. - As a young philatelist, I became the owner of a colourful collection of stamps depicting King Farouk. - During the Second World War, the British created an army contingent styled "Seychelles Pioneer Corps" within which my uncle became an officer. Stationed in Benghazi, Libya, the Seychellois soldiers brought home great stories about their visit to Cairo which was the place they were sent for rest and recreations. - In 1957, I passed through Suez Canal, visited Port Said and Port Alexandria on the last ship that was allowed to go through the Canal following the Anglo-France and Israel attacks on Egypt. - In June 1976, as the founding President of the Republic of Seychelles, I participated at the Afro-Arab Summit in Cairo that was hosted by the late President Anwar Sadat. - In 2004, I transited through the Port of Safaga in order to board The World ResidenSea as a lecturer on a cruise from Egypt to the Indian Ocean Islands. - In 2011, I was a member of a COMESA Pre-Election Assessment Mission in Cairo and a few months later was designated by the then Secretary-General of the African Union to be the African Union witness at the Presidential Elections which brought to office your predecessor. All these opportunities have enabled me to appreciate the complexity of the Egyptian society and its political problems, but also to appreciate the beauty of the country, the richness of its history and specially to appreciate the cultural dimension of its peace-loving people. Of course, none of these situations provide me with any justifiable premise to interfere with the system of justice which prevails within the Egyptian nation today. However, I was extremely impressed and encouraged with the address Your Excellency delivered to the United Nations General Assembly recently when you ended your speech by chanting "Long Live Egypt." Considering what I read about your strong character and personality and the popularity of your leadership in Egypt at this time, it is my view that you are the only person who could intercede so that the 3 Seychellois prisoners would be spared the gallows. Your Excellency, in the above context and spirit, I am reminded of what William Shakespeare said concerning 'The Quality of Mercy': "The quality of mercy is not strain'd, It droppeth as the gentle rain from heaven Upon the place beneath: it is twice blest; It blesseth him that gives and him that takes..." Mr President, I pray and continue to pray for a wise and merciful conclusion of this sad and unfortunate case. May Allah bless you forevermore. With highest considerations Sir James R. Mancham, KBE Founding President of the Republic of Seychelles (source: eturbonews.com) SAUDIA ARABIA: Demos held in KSA against Shia Muslim cleric's death verdict Hundreds of people have taken to the streets in Saudi Arabia's Eastern Province to protest against the death sentence of a dissident Shia Muslim cleric, Press TV reports. For the 3rd consecutive day, people launched rallies in several towns of the kingdom's Eastern Province, including Qatif and neighboring Tarout Island, on Friday to show their solidarity with Saudi Shia cleric, Sheikh Nimr Baqir al-Nimr, who has been handed down the death penalty. The recent spate of demonstrations comes after Nimr was sentenced to death at the Specialized Criminal Court in the Saudi capital city of Riyadh on Wednesday. "This regime [Saudi regime] has been torturing and killing people...and now they have taken it up to a new level which is to go after someone like Sheikh Nimr.... All of these are made-up charges to silence the voices that are growing in Saudi Arabia against this oppression," human rights activist, Naseer al-Omari, told Press TV on Friday. The prominent Shia cleric was attacked and detained in the Saudi city of Qatif in July 2012. His arrest sparked widespread protests in the kingdom, claiming the lives of several anti-government demonstrators. Sheikh Nimr is accused of disturbing the country's security, giving anti-regime speeches, and defending political prisoners. Amnesty International has called the death sentence for Sheikh Nimr "appalling," saying the verdict should be quashed since it is politically motivated. International human rights organizations have repeatedly lashed out at Saudi Arabia for failing to address the human rights situation in the kingdom. They say Saudi Arabia has persistently implemented repressive policies that stifle freedom of expression, association and assembly. (source: Press TV) ******************** Riyadh Could Face Muslim World Boycott over Execution of Nimr: MP A senior Iranian lawmaker warned Saudi Arabia that it could face boycott by the Muslim world unless it thinks twice about executing top Shiite cleric Sheikh Nimr al-Nimr. "If Saudi Arabia wants to make the mistake of executing prominent cleric, Sheikh Nimr, it should expect boycott by the Islamic world against its interests," Vice-Chairman of the Iranian Parliament's National Security and Foreign Policy Commission Mansour Haqiqatpour told the Tasnim News Agency on Saturday. The lawmaker also cautioned that Riyadh's decision to impose death penalty on the Shiite cleric will ignite the "flames of wrath" which would burn the Saudi leaders, whom he blamed for the mercenary attitudes. Warning about the consequences of death sentence against Nimr, the MP noted that the move will result in decline in relations between Tehran and Riyadh. "The execution, if carried out, will negatively affect the political and regional ties between Iran and Saudi Arabia," Haqiqatpour cautioned. Sheikh Nimr was detained in July 2012 following demonstrations that erupted in February 2011 in Qatif region. He is accused of delivering anti-regime speeches and defending political prisoners. His arrest has sparked widespread protests in Saudi Arabia, leaving several people dead. Activists say there are over 30,000 political prisoners in Saudi Arabia. International human rights organizations have criticized Saudi Arabia for failing to address the rights situation in the kingdom. They say Saudi Arabia has persistently implemented repressive policies that stifle freedom of expression, association and assembly. (source: Tasnim News) BOTSWANA: Wrongly Repatriated Man Will Not Be Spared Execution Botswana's defence minister, Ramadeluka Seretse, has insisted that his government will not give South Africa an undertaking that a Botswana citizen wrongly repatriated to face murder charges will be spared the hangman's noose. Seretse said that, when Botswana applied for his extradition, the South Africans had asked for an assurance that Botswana would not apply the death penalty if he was found guilty, but this had not been given. This follows the deportation of the suspect, Edwin Samotse, to Botswana in August, contrary to South African government policy and a ministerial court order. South Africa's home affairs spokesperson, Mayihlome Tshwete, told amaBhungane that there was no possibility that Samotse would be returned to South Africa because Botswana had its own sovereign judiciary. He said the South African authorities were, however, preparing to make representations to the Botswana government asking for an assurance that Samotse will not be hanged. Tshwete confirmed that three home affairs officials are being investigated in connection with the illegal deportation of Samotse. (source: altervista.org) From rhalperi at smu.edu Mon Oct 20 12:27:18 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 20 Oct 2014 12:27:18 -0500 Subject: [Deathpenalty] death penalty news----PENN., FLA., ALA., OHIO, IND., TENN. Message-ID: Oct. 20 PENNSYLVANIA: End futility of death penalty system If there's one thing for which Pennsylvanians can thank confessed double murderer William Parrish, it's pointing out the mirage of the state's capital punishment law. "Mirage" is no mere opinion. It reflects reality. Pennsylvania has imposed the death penalty 412 times since 1978, when capital punishment was reinstated, but only 3 people have been executed - and they essentially committed legal suicide, by declining to appeal. The last prisoner executed against his will was put to death in 1962, more than 50 years ago. Parrish is not one of the few going quietly. He pleaded guilty in 2010 to shooting to death his wife and and baby son, but withdrew the pleas and stood trial, then was convicted. In August, the Governor's Office signed an execution warrant, but Monroe County President Judge Margherita Patti Worthington signed a stay in September. Parrish's case resembles that of hundreds of other convicted individuals, all entitled to pursue appeals. It's a costly, lengthy but necessary process that has given rise to a boutique industry of lawyers who argue both sides. This life-and-death tug of war involves prosecutors, plaintiff's lawyers and judges, including federal judges from the Supreme Court on down. All these people recognize the gravity of their work. No one wants to see an innocent person killed by government. Besides costing tens of millions of dollars, the appeals process renders the "deterrence" argument toothless. So, what's the point of Pennsylvania's death penalty, if nobody gets killed? A 2011 Morning Call article reported that the death penalty costs an additional $2.27 million every year, even though, as Parrish's recent stay shows, executions do not occur. Death penalty advocates and death penalty opponents alike should agree that the system is broken. For all intents and purposes, it's mere smoke and mirrors. All the death penalty is doing is bleeding Pennsylvania taxpayers. (source: Editorial, Pocono Record) ***************************** 2 charged in shooting death to have pre-trial hearing Carl Leonard Varner and Jason C. Shauf are scheduled to have a pre-trial conference as co-defendants on Wednesday, for the 1st-degree murder and robbery charges they are facing in the death of Victor Hugo Campos-Olguin. According to court documents, Varner, 56, and Shauf, 40, allegedly burglarized and robbed 310 E. King St., on Oct. 22, 2012 at 10:06 p.m., and killed Campos-Olguin during the incident. At the time of the home invasion, there were 6 people at the scene. Varner and Shauf allegedly went into the home, demanding money and personal property, according to court documents. One of the men allegedly discharged a long barreled firearm into the ceiling of a bedroom during the incident. The 2nd allegedly used a black revolver to shoot Campos-Olguin, who fell into a nearby bathroom. The 2 men then allegedly fled the area. In an investigation by Chambersburg Police, Shauf was identified as a suspect, according to court documents. On Oct. 23, 2012, Shauf was identified by a witness as being the man who shot into the bedroom ceiling during the incident. In an interview with police, Varner denied involvement in the incident. He claimed that Shauf was "setting him up," according to court documents. During the interview, Police recovered a small single-shot .410 shotgun and a .22 caliber Mag revolver from his residence, 238 E. McKinley St., Chambersburg. Both weapons were found to be consistent with evidence documented at the murder scene. Varner was facing the death penalty in the incident until this March, when the District Attorney's Office withdrew the Notice of Aggravating Circumstances, preventing them from pursuing the death penalty. The District Attorney's office discovered evidence concerning Varner's "mental health history, which would certainly allow a jury to find evidence of a 'mitigating factor,'" according to court documents. After finding that, the death penalty was "no longer tenable." Varner is facing 23 charges, including of 1st-degree murder, robbery, burglary, conspiracy to commit murder, robbery and burglary, kidnaping and unlawful restraint charges. Shauf is facing nearly all the same charges, with 28 counts of robbery, burlgary and conspiracy to commit charges, however the 1st-degree murder charge against him has been dropped, according to court documents. The trial is currently scheduled for Dec. 8 through Dec. 12, and Dec. 15 through Dec. 19. On Wednesday, attorneys are expecting to resolve any pre-trial motions left prior to the trial. Both men are in Franklin County Jail, after bail was denied. (source: publicopiniononline.com) FLORIDA: Adam Matos pleads not guilty; prosecutors to seek death penalty Adam Matos, charged with murdering four people in Hudson last month, entered a not guilty plea in court Monday morning, while prosecutors announced they will seek the death penalty. Standing in a red prison jumpsuit before Circuit Court Judge William Webb, Matos confirmed he will waive his right to a speedy trial. Via his public defender, Dean Livermore, Matos pleaded not guilty to 4 counts of 1st-degree murder, 1 count of aggravated assault, and 1 count of being a fugitive from justice. Matos will next appear in court Dec. 9 for a pretrial hearing. Early last month, investigators discovered four bodies stacked on a hill in Hudson. They were identified as Matos' ex-girlfriend Megan Brown, 27, the mother of his 4-year-old son; her parents Margaret and Greg Brown, both 52; and Nicholas Leonard, 37, whom Megan Brown had recently begun dating. Deputies had visited the Browns' home, which Matos shared, in early September after receiving a tip that no one could be reached at the home. When a Pasco County sheriff's deputy entered, he found large amounts of blood and a strong odor. >From there, deputies tracked down the bodies, decomposing in the heat less than a mile away. Arrest reports detail the way the victims died: Megan Brown was shot in the head. Margaret Brown was found with a plastic bag over her head, which had been bashed in. Her husband had been shot in the torso. Leonard died of blunt force trauma to the head. Deputies found Matos a day later at a Tampa hotel, where he had checked in under his own name with the 4-year-old son he fathered with Megan Brown. The child, severely autistic, was unharmed and taken into protective custody. Authorities have found weapons inside and surrounding the Browns' Hudson home, including crossbows, rifles and knives. They have also found blood-soaked rugs and sheets, as well as blood and maggots on the floor of a Dodge Caravan in the home's garage, court documents show. Matos is being held without bail in the Pasco County jail. (source: Tampa Bay Times) ALABAMA: Attorney for man charged in Pelham triple-homicide claims self-defense; prosecutors say victims were 'executed' Prosecutors say Jon Ingram Staggs Jr. "executed" 3 people inside a Pelham home, 1-by-1, because he was angry over a drug debt. His attorney says the shootings were in self-defense, a "fight-or-flight" response to a struggle with one of the men. On Sept. 9, 2012, Casey Lee Cumberland, 22; Joshua Adam Smith, 22; and Simeon Gilmore, 19, were found dead inside a home in the Chandalar subdivision in Pelham. All three men were shot with a .45 caliber Glock. Staggs was taken into custody that afternoon after telling his mother and stepfather that he shot three people who tried to rob him. The 22-year-old faces 5 counts of capital murder. His trial began 2 weeks ago before Shelby County Circuit Judge Dan Reeves. Herbie Brewer and Lisa M. Ivey are representing Staggs. Shelby County District Attorney Jill Hall Lee and Assistant District Attorneys Roger Hepburn, Alan Miller and Jeff Bradley are prosecuting the case. They are seeking the death penalty. Reeves will give an explanation of charges to the jury Monday morning, and jurors will begin deliberations. Attorneys delivered closing statements Friday afternoon. Throughout the trial, they have offered different descriptions of the events leading up the shootings. The night started at Club NV in downtown Birmingham. The 3 victims, Staggs and a man named Jeremiah Mullins planned to meet at the Chandalar house after leaving the club. Staggs gave Gilmore some marijuana in exchange for a promise he would pay $40 for it later. Mullins testified on Oct. 15 that Staggs showed him the Glock and a shotgun while they were in his truck. They arrived first and grew impatient waiting for the others. Staggs walked around the home and broke a window. He took a television and a video game system and brought the items to a friend's house, Mullins said. He testified that Staggs planned to return to the house alone later that morning. Brewer said the shootings happened after an argument and a struggle between Gilmore and Staggs, who then acted "in the heat of passion, without time to think or cool off." "We might take 2 weeks in court but this young man made a decision in the blink of an eye," he said in his closing statement. Miller said Staggs was more calculating that night, particularly when he decided to bring his gun inside to ask for his money. Prosecutors say that no struggle took place in the house that night. Several facts support their contention, Bradley said: Only a single, small drop of blood was found on Staggs' shorts. A couch cushion was found on top of Gilmore's body. Drawers removed haphazardly from a dresser were piled on top of Cumberland's shoes. A Pelham police sergeant who collected evidence at the home testified that the scene "looked more like a ransacking" than a struggle. Gilmore was shot 1st. He was found face down in a pool of blood in the living room, where furniture was overturned and cushions strewn around the room. Staggs has repeatedly told friends, his family and investigators that he was defending himself. In a Sept. 9, 2012, interview with investigators, Staggs' statements are sometimes indiscernible. In that statement, Bradley says, Staggs is "evasive, mumbles and looks down" but still "confesses to each and every element" of the charges against him. Staggs told investigators that he returned to get his money and a conversation with Gilmore turned quickly into a confrontation. He said Gilmore "jumped up and started running" at him, and he fired 3 times. Staggs said he heard Cumberland yelling from the other room. He said they struggled in the hallway before he fired several shots. Cumberland was found on the floor in the hallway outside a bedroom, where the drawers had been pulled out of a dresser and thrown on the floor. Prosecutors contend that Cumberland was in bed when he was shot the 1st time. "The only way out was past the guy with the gun who had just executed his friend," Bradley said. Then Staggs went downstairs to leave through the basement door, through a room where Smith was asleep on a couch. Smith "threatened to get a gun" and, in a kneejerk reaction, Staggs shot him, Brewer said. Bradley said that claim is "preposterous," and prosecutors believe no such conversation happened. Smith, who was drunk earlier in the night, was passed out with his face on his arms. "The only thing that explains that position is defendant went down there and in cold blood he executed Josh Smith," Bradley said. Brewer said Staggs never denied shooting the men, but that the deaths of Gilmore and Cumberland were not intentional. (source: al.com) OHIO: Austin Myers moved to death row The teen sentenced to death for the murder of 18-year-old Justin Back in Warren County has been transferred to the Chillicothe Correctional Institution. That's where male inmates on Ohio's death row are housed. According to the website for the Ohio Department of Correction and Rehabilitation, Austin Myers, 19, was admitted on Friday, one day after a judge handed down a death sentence. Myers and Timothy Mosley, 20, were convicted of robbing and killing Back in his Wayne Township Home. Back was choked, stabbed and shot. The pair dumped Back's body in Preble County. Mosley testified against Myers in accordance with a plea deal he made with prosecutors to avoid the death penalty. Mosley faces life in prison without the possibility of parole at his sentencing in a few weeks. Myers is now the youngest inmate on death row in Ohio. An execution date has not been set. Executions in Ohio are on hold until February 2015 while the state reviews its lethal injection method. ************************** Prosecutors seek death penalty in I-75 slaying The man who sparked a 2 state manhunt faces the death penalty in Ohio and Kentucky. Terry Froman, 41, now faces 2 counts of aggravated murder and 2 counts of kidnapping. He is accused of killing a teenager in Kentucky, then killing the teen's mother, Kim Thomas, 34, along Interstate 75 in Warren County. Police found Thomas in Froman's car on I-75 near Monroe on September 12. The prosecutor says forensics show that Thomas was alive when they entered Ohio that day. She was shot multiple times and killed in Warren County. They say Froman also shot himself, but was not seriously hurt. Thomas's family was there when the announcement was made. They say they are appreciative of the speed to prosecute the case. Warren County Prosecutor David Fornshell says he will face charges first in Kentucky, then in Ohio. Froman is being held in jail on a $1-million bond. (source for both: WDTN news) INDIANA: Suspect Held In 7 Murders In Northwest Indiana A man was in custody in northwest Indiana, after the bodies of 7 women were found in the area this weekend. A 43-year-old convicted sex offender was being held in Hammond, Indiana, where at least one of the victims was found Saturday night. Police suspect the man is a serial killer who might be responsible for at least 7 murders. A source tells CBS 2's Brad Edwards that the suspect has indicated that there may be many other victims, including those in other states. So far, he has only told investigators where to find the bodies of the 7 from Indiana. He apparently only wanted to discuss the Indiana cases because the state has the death penalty and he wants to be executed for his crimes, the sources told Edwards. The suspect has lived in Northwest Indiana since 2004, mostly recently in Gary, according to Gary Police Corporal Gabrielle King. He was 1st arrested in connection with the slaying of 19-year-old Afrika Hardy, who was found dead inside a Motel 6 in Hammond. While he was being questioned about Hardy's death, he allegedly told police about 3 other bodies. Investigators followed up on that information, and found 3 bodies in abandoned homes in Gary, Indiana. "Once we received the information, of course we sent uniformed officers to the scene," Gary Police Cpl. Gabrielle King said. One of those women has been identified as 35-year-old Anith Jones, who had been missing for a week before her body was found in Gary. "We believe this may be the work of one or more persons, but again the investigation is ongoing," Gary Mayor Karen Freeman-Wilson said. Early Monday, the Lake County Coroner's office confirmed three more women's bodies had been found, but have yet to provide any details on any of the murders. Hardy and at least 1 other victim were strangled. Autopsies were pending for the other 5. 5 victims remained Jane Does as of early Monday. "We're going through our missing persons reports at this time, to see if anything is connected," Gary Police Chief Larry McKinley said. Police in Hammond and Gary were conducting a joint investigation. Hammond Mayor Thomas McDermott Jr. took to Facebook to defend his police department, in the wake of the apparent serial killings, as well as unrelated allegations of police brutality and racial profiling. "Charges of racism, brutality, etc. against the Hammond PD are being encouraged and solicited around many parts of our city at this very moment. All in an attempt to destroy the Hammond PD???s credibility as a fine policedepartment, as I KNOW it to be," he wrote. "As you hear the details of this grisly murder in Hammond motel room, and discover how this murder was solved by our police, it will make you proud of the Hammond PD. They captured a murderer, from Gary, that is a suspect in many murders, spanning many years, in NWI. Hammond, and NWI, are safer today because this murder case was solved. Our condolences and prayers go out to the victims, and to the families of the victims." (source: CBS News) TENNESSEE----death row inmate dies Tennessee death row inmate dies of natural causes Tennessee officials say a death row inmate convicted of a 1988 murder in Campbell County has died of natural causes. Department of Correction spokeswoman Neysa E. Taylor says Olen E. Hutchison, 61, was pronounced dead at 8:55 a.m. Sunday at Riverbend Maximum Security Institution in Nashville. Hutchison was convicted in 1991 in the drowning death of Hugh L. Huddleston, 46, of Knoxville. Huddleston was lured to Norris Lake under the guise of going fishing. Hutchison's case became the focus of demonstrations and forums on disparities in the state's death sentences. Hutchinson was 1 of 7 men accused of plotting to kill Huddleston in an insurance fraud scheme. Hutchison was the only person sentenced to death. The man convicted of pushing Huddleston into the lake received a life sentence. (source: Associated Press) From rhalperi at smu.edu Mon Oct 20 12:28:06 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 20 Oct 2014 12:28:06 -0500 Subject: [Deathpenalty] death penalty news----NEB., OKLA., ARIZ., CALIF., USA Message-ID: Oct. 20 NEBRASKA: Fleisher, Norma Jean Bodenhamer CPA Norma Jean Bodenhamer Fleisher CPA, quietly slipped into the arms of her Savior on Thursday, October 16, 2014, in Lincoln. Norma was born October 21, 1926, in Grand Island, Neb. to Duward Arthur Bodenhamer and Myrtle May Bouchard. Norma was 1 of 4 children. She was united in marriage to Emmett Cleo Fleisher on October 19, 1957. While working full time and raising a family, Norma taught herself accounting via correspondence course and at age 40 became a CPA, her proudest accomplishment. She later served on The American Institute for Certified Public Accountants Minority Small Business Development Committee and traveled to New York and other cities giving seminars assisting minorities develop small businesses. She also volunteered with VITA assisting low-income individuals complete their tax returns. After her retirement from Lincoln Telephone, she was commissioned as a United Methodist missionary and assigned to Scarritt-Bennett Center in Nashville, Tenn. for nearly eight years prior to returning to Lincoln. While at Scarritt-Bennett, she volunteered with "Nashville Cares" supporting people living with AIDS by serving on a hot line for 5 years. While in Nashville and also after returning to Lincoln, she visited prisoners on death row, some of whom she continued to correspond with until the time of her passing. She traveled to Guatemala to volunteer with Habitat For Humanity where she helped to prepare a building site. She was a member of TCASK (Tennessee Coalition Against State Killing) and was involved in peaceful public demonstrations in Nashville, which she continued when returning to Lincoln, each Monday noon outside the Governor's mansion across from the Capitol. In 2011 at the age of 84, she drove her 19-year-old car to all 93 county seats in the State of Nebraska spreading the word against the death penalty. She was a member of Nebraskans For Alternatives to the Death Penalty. Norma fostered many children in her later years and each held a special place in her heart. She was formerly a member of Grace United Methodist Church in Lincoln, until the time of its dissolution where she served on the board of directors of "Released and Restored," a program for ex-convicts. At the time of her passing, she was a member of New Hope United Methodist Church in Lincoln. Her final gift was to donate her body to the University of Nebraska Medical Center for research. She will be remembered for her selfless, servant's heart and her exquisite homegrown tomatoes of which she was quite boastful. Norma is survived by 4 children: daughters, Nancy Kail (Charles), Johnston, Iowa, Janet Powell, Lincoln, Laura Offermann (Fred), Council Bluffs, Iowa; son, Bill Fleisher (Kristin), Lincoln; step-daughter, Norma Jean White (Mickey), Vinton, Va.; 9 grandchildren, Mick Shepard (Brenda), Milford, Angela Shepard and Lewis Fleisher, Lincoln, Amanda Cox and Jessica Turner, Council Bluffs, Brendan Fleisher (Toni), Bellevue, Ethan Fleisher, Bellevue, Michael White, Roanoke, Va., Cindy Hodges (Clay), Roanoke; two grand-dogs, Laska and Rocky Kail; 14 great-grandchildren, Tyler and Austin Shepard, Jayden and Julyan Zamora, Aidan and Asher Cox, Elizabeth Perez (Cristian), Megan Lopez (Geronimo), Trevor Case, Declan, Kassady and Gunner Fleisher, Austin and Michael White, Jr.; 9 great-great grandchildren, Leynah, Tatiana, Gabryella and DJ Perez; Angelica, Anastasia, Alexis and Emilio Lopez, Lilly Case; one brother, Robert Long (Donna), Clay Center, Kan.; and a plethora of nieces, nephews, foster children, and dear friends. Preceded in death by her parents, Myrtle & Duward Bodenhamer; husband, Emmett Fleisher; sisters, Dorothy Knox and Margaret McGinnis; Brothers-in-law, Ronald Knox and Stephen McGinnis; Nephews, Tom McGinnis, Neil Knox and Rob Long; great-granddaughter, Anna Reese Cox; and a great-great grandson, Cristian Josue Perez. A celebration of her life will be held Sunday, October 26, at 3 p.m. at New Hope United Methodist Church, 1205 N. 45th St, Lincoln, NE 68503, with The Reverend Dr. Anne Kiome officiating. Memorials may be made to New Hope United Methodist Church. (source: Lincoln Journal Star) OKLAHOMA: He Wanted 'the Best Life Has to Offer' and Killed His Family to Get It Alan Hruby is a young man who was, in his own words, "striving for the best life has to offer" and decided, at some point, that killing his family was the quickest way to get it. He was a student of political science who liked to travel and liked to spend money; mostly, his parents' money and when they finally turned off the tap, he killed them, along with his younger sister. Hruby, 19, was the eldest child of John and Tinker Hruby, who lived in Duncan, Oklahoma and were respected members of the community. John, 50, was the owner and publisher of a local newspaper, the Marlow Review. Alan Hruby had a sister, Katherine, who was 2 years his junior. Alan did not outwardly appear troubled in any way, but he seemed driven by material things; to the point of having a shopping addiction and owing money to a loan shark. On his Facebook page, he described himself as "an up and comer from Oklahoma. Striving for the best life has to offer." He also posted statements that might have betrayed narcissistic tendencies, but could be chalked up to the exuberance and indomitable spirit of youth: "If you are tired of your dreams you simply are not dreaming big enough," he posted on April 25 and, on Jun 4, he wrote "Life is all about taking chances. Live a life full of positive chances, don't be the person to look back 10 years later regretting a decision." In July, 2013, Alan Hruby took a vacation to Europe, visiting London, Paris and Rome. He reportedly obtained an American Express credit card, in his grandmother's name. After returning to the United States, he was charged with fraud after his father brought the matter of the credit card to the attention of police. Whilst in Europe, he had run up charges on the card, totaling more than $4,800. Hruby's spending continued to be a cause of some concern to his parents. Last week, Hruby planned to travel to Dallas, Texas to watch Oklahoma University's football team play Texas. His parents refused to give him any more money for the trip. The teenager also owed $3,000 to a Oklahoma loan-shark. He had already decided, at some point, that the answer to his money problems was to kill his family and inherit his parents' estate. On Thursday, October 9, Hruby walked out to his dad's truck and retrieved a 9mm pistol. He went back into the house and waited for his family. When Tinker Hruby, 48, came into the house, her son shot her twice, killing her with the 2nd shot. A short time later, his sister, Katherine, walked inside and was killed with 1 shot. Alan Hruby then waited for his father to return. After about an hour, John Hruby came back to the house and Alan shot him twice. Within hours, Alan Hruby had checked into the Ritz Carlton hotel in Dallas and was hanging out with a friend from OU. Andrew Bormann, who had driven down to Dallas with Alan's ticket for the game, said later "There was nothing I could detect that was wrong with him," in reference to their meeting in Hruby's hotel room. "...I was with him alone in his room, less than 24 hours after he shot his family and that I could tell nothing was wrong, that he was completely normal, is also terrifying." Bormann added. On the morning of Monday 13, the Hrubys' housekeeper arrived at the house and discovered the three bodies. The following day, Alan Hruby was detained by police on a parole violation. He initially appeared distraught at the news of his family's slaying but, when his account of his own activities did not appear to add up, police decided to hold him for further questioning and, by that evening, he had confessed to the killings. Speaking with a local news channel, Stephens County District Attorney Jason Hicks described Hruby's demeanor as unrepentant. "The only remorse we've seen is because he got caught," Hicks said. The communities of Marlow and Duncan are still in shock over the killings. The Hruby's were, seemingly, well-liked and appeared almost to fit that 'perfect family' image. Alan Hruby, however, was a young man who appears to have felt that he was entitled to the "best life has to offer" and, in order to get it, he killed his parents and sister in cold blood. Hicks could seek the death penalty for Alan Hruby but has not revealed his intention to do so. With regard to the killer's disposition - and his fate - Hicks said the only remorse shown by Hruby was "crocodile tears." "It wasn't remorse because 'I've lost my mom, my dad and my sister,' it's remorse because he knows that his life is basically over." (source: guardianlv.com) ARIZONA: Faces Death Penalty Because Travis Alexander Murder Was 'Especially Heinous' Jodi Arias faces the death penalty in her trial because the original jury decided that she killed her former boyfriend Travis Alexander in an especially cruel manner. Despite the conviction last year of the 2008 murder, the jury couldn't come to a unanimous decision, leading to the current situation of a new jury being chosen. The new jury "will decide only if there are mitigators that outweigh the cruelty," explained AZ Central. "The aggravator is called F(6) in the statutes, 'especially heinous, cruel or depraved.' In Arias' case, the trial judge would only allow for cruelty. All murder could be deemed cruel, but 'excessive cruelty' is supposed to refer to great physical suffering and mental anguish before death." But the report notes that it's almost impossible to draw a line between murders that should get punished by death and those that don't. The prosecutors choose which ones should. Juan Martinez in this case. "The only narrowing function is prosecutorial discretion," defense attorney Eric Crocker said. "You're at the whim of the prosecutor's office to determine which cases are capital and which are not." Maricopa County Attorney Bill Montgomery feels that prosecutor discretion is necessary because each murder case is different. "You can't have a formula if you look at each one on its merit," he said. Now that the new jury has been chosen, the actual retrial will start on Tuesday. Live video will not be allowed - in fact, no video will be allowed until the trial is completely over. The jury will be sworn in as prosecutors seek the death sentence. While Arias' murder conviction stands, prosecutors have one more shot at securing a death sentence with the new jury. Otherwise, Arias faces life in prison. Judge Sherry Stephens would then decide whether Arias could eventually get paroled or not. A judge announced Thursday that the new jury will be seated on Tuesday. However, additional arguments are planned for Monday. Arias acknowledged killing Alexander, but she said it was self-defense. Prosecutors argued the killing was carried out in a jealous rage after Alexander wanted to end their affair. The retrial is expected to last into December. (source: The Epoch Times) CALIFORNIA: High Court to Review California Death Penalty Case The Supreme Court will consider reinstating the conviction and death sentence for a California man in a 29-year-old triple murder in San Diego. The justices said Monday they will hear California's appeal of a federal appeals court ruling that overturned the conviction and sentence for Hector Ayala. The 9th U.S. Circuit Court of Appeals in San Francisco said Ayala was denied a fair trial because prosecutors excused all seven black and Hispanic jurors who might have served. The jury convicted Ayala of killing 3 people during a drug robbery at a San Diego garage in 1985. The case will be argued in the winter. The case is Chappell v. Ayala, 13-1428. (source: Associated Press) USA: Benghazi suspect pleads not guilty to new murder charges Ahmed Abu Khatallah, a suspect in the September 2012 attack on a U.S. facility in Benghazi, pleaded not guilty to new murder charges and the government declined to say Monday whether anyone else will be charged in this case. CBS News' Paula Reid reports that Khattalah, the suspected leader of the attack against the U.S. diplomatic compound, appeared Monday morning in federal court. He entered the courtroom wearing a green jumpsuit, no handcuffs or restraints, and he was escorted by 3 U.S. Marshals. Khatallah appeared before Judge Christopher R. Cooper in the U.S. District Court for the District of Columbia to be arraigned on 17 additional charges which carry a possible death sentence if convicted. Through his lawyer, he entered a plea of not guilty and requested a speedy trial. Khatallah did not utter a single word during the hearing. He listened to the proceedings on a headset with help of a translator. The next hearing is scheduled for December 9. Khattalah, 43, the first militant to be prosecuted for the Benghazi violence, had initially been charged with conspiracy to provide support to terrorists, resulting in death. U.S. officials had described that initial, 1-count indictment as a placeholder to allow for him to be brought into court and for a grand jury to hear more evidence. The new indictment does not add to the public account of how the attacks unfolded but it does include multiple counts that make Khattalah eligible for the death penalty if convicted, including murder of an internationally protected person and killing a person during an armed attack on a federal facility. It also accuses him, among other charges, of providing material support to terrorists, malicious destruction of property and attempted murder of an officer and employee of the U.S. Reid reports that after the arraignment, the parties had a status hearing where both sides, once again, fought about the amount of discovery that the defense has received. Khatallah's federal public defender argued that she has only received a "small amount" of discovery. She said that the new death penalty eligible charges broaden the scope of what information the government should provide to her. The government said that it has passed along about 60 to 80 p% of its evidence and is moving as fast as they can. The judge asked whether this will remain a one defendant case and the government would only say "the investigation is ongoing." After his capture during a nighttime raid, Khattalah was brought to the U.S. aboard a Navy boat where he was interrogated by federal agents. He remains in custody at a detention facility in Alexandria, Virginia. Khattalah earlier pleaded not guilty to the terrorism conspiracy charge. One of his public defenders, Michelle Peterson, said last summer that prosecutors had not presented evidence tying him to the attacks. "It is important to remember that an indictment is merely a set of allegations or charges, it is not evidence," she said Tuesday evening. "We will vigorously defend Mr. Abu Khatallah in court where the government will be forced to prove his guilt, based upon actual evidence." Federal prosecutors have long accused Khattalah of being a ringleader of the Sept. 11, 2012, attacks that killed Ambassador Chris Stevens and 3 other Americans. Attorney General Eric Holder said the new indictment reflects Abu Khattala's "integral role" in the attacks. The superseding indictment alleges that Abu Khattala was involved in two different attacks, hours apart, on the diplomatic compound. The violence, which quickly emerged as a flashpoint in American political discourse, was aimed at killing American personnel at the compound and looting the buildings of documents, maps and computers, the Justice Department says. In the 1st burst of violence on the night of Sept. 11, prosecutors allege, Abu Khattala drove to the diplomatic mission with other militants and a group of about 20 breached the main gate and later launched an attack with assault rifles, grenades and other weapons. That initial attack killed Stevens and communications specialist Sean Smith and set the mission ablaze. Prosecutors say Khattala supervised the plunder of sensitive information from that building, then returned to a camp in Benghazi where a large group began assembling for an attack on a second building known as the annex. The attack on that facility, including a precision mortar barrage, resulted in the deaths of security officers Tyrone Snowden Woods and Glen Anthony Doherty, authorities say. (source: CBS news) ********************** The Death Penalty: Justice in Peril On a Friday evening in 1944, in a small South Carolina town, George Junius Stinney Jr. was on his way to the execution chamber with a bible tucked under his arm. Even after using the book as a booster seat, the boy - who stood just over 5 feet tall and weighed 95 pounds - did not fit in the electric chair. The adult-sized facemask dangled loosely on his face. At 14 years of age, this black child became the youngest person to be legally executed by an American state since the 1800s. Recently unearthed evidence suggests that Stinney was innocent. This evidence has come 70 years too late. The tragic, legal lynching of George Stinney, Jr., illustrates how government-sanctioned death is morally incompatible with our less-than-perfect justice system. The advent of DNA evidence gave way to a series of exonerations for wrongful convictions, beginning in 1989. Since that time, there have been 1,408 total exonerations for wrongly convicted persons, including 106 exonerations of individuals sentenced to death. Kirk Bloodsworth was the 1st death-row inmate to be exonerated by DNA evidence in the United States. He had been accused and convicted of a rape-murder he did not commit. Glenn Ford spent 30 years in prison for a murder he did not commit before DNA evidence made him the most recent death-row inmate to be exonerated in the United States. If there is anything to learn from these heartbreaking stories of wrongful convictions, it is that an imperfect justice system makes capital punishment impossible to justify. Those 106 exonerated death row inmates were fortunate to have had science on their side and diligent defense attorneys and judges willing to reopen their cases to find the truth. For every Bloodsworth and Ford who now walks the streets, there are untold numbers of innocent others who remain on death row - or worse, who are dead because the death penalty is still constitutional in the United States. The death penalty is a vestige of an ugly past that says the harshest penalty is ultimately what deters crime, even though current evidence about its effectiveness as a deterrent is inconclusive at best. Yes, the death penalty is reserved for the most serious of crimes. And yes, it takes many years for a death sentence to be carried out, after the entire appeals process has been exhausted. But that doesn't resolve the most serious concern that government-approved death raises. Unlike a life sentence, where the opportunity for that individual to prove his or her own innocence still exists even after the last appeal, death is final. To sentence someone to death is to say that this individual no longer has the right to prove his or her innocence. For such a practice to have democratic legitimacy, the legal system must be able to determine guilt with absolute precision. Our legal system does not fit the bill. It is too often inaccurate and unfair. Too many individuals have already been exonerated from sentences that carried capital punishment and too many people of color have been treated unequally at every step of the legal process for us as a country to rest easy as states around the country continue to carry out executions. The United States is the only country in the Western Hemisphere that still permits capital punishment. The 43 executions that were carried out in the U.S. in 2012 puts us in a company that is only surpassed by China, Iraq, Iran, and Saudi Arabia. These are facts that should frighten us all. If we wish to consider our country the leader of the free world, then it is imperative that we reexamine our practices at home. As long as the death penalty remains constitutional in the United States, justice will remain in peril. (source: Opinion; Dennis O. Ojogho '16, a Crimson editorial writer, is a government concentrator in Winthrop House----The Harvard Crimson) From rhalperi at smu.edu Mon Oct 20 12:29:15 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 20 Oct 2014 12:29:15 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 20 SAUDI ARABIA: Saudi Arabia steps up beheadings; some see political message Immediately after his sword falls, the Saudi Arabian executioner steps backwards to avoid soiling his clothes with the blood of the condemned man, whose headless body can be seen slumping over backwards in the shaky online film. After perfunctorily checking the white folds of his robe for flecks of red, the executioner wipes his blade with a tissue, which he drops onto the corpse and walks away. A sudden surge in public executions in Saudi Arabia in the last 2 months has coincided with a U.S.-led bombing campaign against Islamic State. This has led to inevitable comparisons in Western media between Islamic State's beheadings and those practiced in Saudi Arabia. Defenders of the Saudi death penalty say beheadings, usually with a single sword stroke, are at least as humane as lethal injections in the United States. They deplore any comparison between the kingdom's execution of convicted criminals and Islamic State's extra-judicial killing of innocent hostages. But rights activists say they are more concerned by the justice system behind the death penalty in the kingdom than by its particular method of execution. And critics of the Al Saud ruling family say the latest wave of executions may have a political message, with Riyadh determined to demonstrate its toughness at a moment of regional turmoil. Saudi Arabia beheaded 26 people in August, more than in the first 7 months of the year combined. The total for the year now stands at 59, compared to 69 for all of last year, according to Human Rights Watch. "It's possible the executions were used as intimidation and flexing of muscles. It's a very volatile time and executions do serve a purpose when they're done en masse," said Madawi al-Rasheed, visiting professor at the Middle East Centre of the London School of Economics. "There's uncertainty around Saudi Arabia from the north and from the south and inside they are taking aggressive action alongside the U.S. against Islamic State, and all that is creating some kind of upheaval, which the death penalty tries to keep a lid on." A spokesman for Saudi Arabia's Justice Ministry was not immediately available to explain the upsurge in executions in August, or to answer other questions about the kingdom's use of the death penalty. "PARTICULARLY EGREGIOUS" Whatever the reason for the timing, the wave of executions at the same time as jihadis in Iraq and Syria were beheading captives has brought new scrutiny to the practices of a country whose values are so different from those of its Western allies. While Saudi Arabia has joined U.S.-led air strikes against Islamic State in Syria and has deployed its senior clergy to denounce militant ideology, its public beheading of convicts, particularly for non-violent or victimless crimes like adultery, apostasy and witchcraft, is anathema to Western allies. "Any execution is appalling, but executions for crimes such as drug smuggling or sorcery that result in no loss of life are particularly egregious," said Sarah Leah Whitson, Middle East and North Africa director for Human Rights Watch. Some diplomats have said the increase may be only a quirk of timing, as the appointment of more judges has allowed courts to clear a backlog of appeal cases, and as the rise began after the end of Ramadan, when fewer executions traditionally occur. But the interpretation of it as a show of strength appeared to be reinforced last week by the sentencing to death of Sheikh Nimr al-Nimr, a member of the Sunni-ruled kingdom's Shi'ite minority who had backed protests in 2011. 2 other men, 1 of whom was younger than 18 at the time of the protests, have also been sentenced for their part in the demonstrations and were convicted of having thrown petrol bombs. "If you look at the definition of what Nimr was sentenced for, instigating sedition, it shows they want to make sure they stop any form of activism," said Mai Yamani, a Saudi-born political analyst in London. More than a dozen people convicted of terrorism or Sunni Islamist militancy have also been sentenced to death this year. BLACK MAGIC, ADULTERY AND APOSTASY Under the Saudi Sharia legal system it can actually be harder to avert execution for crimes without a specific victim, like drug smuggling, than for murder. Of the 59 people executed by Oct. 16, 22 had been convicted for smuggling drugs, according to figures compiled by Human Rights Watch from Saudi media reports. One Saudi man, Mohammed Bakr al-Alaawi, was put to death for sorcery so far this year, the third such case since 2011. Although such cases are even rarer, judges can also demand execution for adulterers or Muslims who abandon their faith. In Saudi Islamic law, charges of violent crimes like murder are usually brought under the system of "qisas": retaliation on the principle of an eye for an eye. While a murderer would normally be sentenced to death, the victim's family is permitted to accept "diyya", or blood money, instead of execution. The lives of women are worth half those of men, and non-Muslims a fraction of the value of Muslims. Convicts from less wealthy backgrounds, or without tribal connections who might intercede with the family or tribe of the victim, are more likely to die because it is harder for them to arrange a blood money payment. For other crimes, the punishment is usually up to the judge, employing his own interpretation of ancient Muslim texts. When there is no victim, there is no victim's family to offer mercy at a price. Saudi Arabia has no civil penal code that sets out sentencing rules, and no system of judicial precedent that would make the outcome of cases predictable based on past practice. Bassim Alim, who defended 17 men who were sentenced to up to 30 years jail in 2011 for sedition and other crimes in a high profile political case, said judges saw no need for many protections seen as fundamental in the west, like ensuring defendants had legal representation. "The judge actually told one of the accused to my face: 'Why do you need a lawyer? You don't need a lawyer'," he said. Alim said capital convictions were often based on no evidence other than a confession, with judges under no obligation to consider mitigating circumstances, psychological factors or the possibility that a confession was coerced. REFORM STALLED King Abdullah announced plans for legal reform in 2007, but judges, drawn from the traditionally conservative clergy, have so far succeeded is putting off meaningful change. In 2009 Abdullah replaced the long-serving, conservative justice minister with a younger scholar, Mohammed al-Issa. His attempts to introduce more modern training for judges and a system of precedent to make sentencing more predictable have so far been blocked by strenuous opposition from conservatives. Even Saudis who want reform generally do not oppose the use of the death penalty by public beheading. Khalid al-Dakheel, a political sociology professor in Riyadh, said the turbulence in the region meant people wanted the justice system to be tough. "You don't want to have a dictatorship similar to that of Bashar al-Assad in Syria or (former Iraqi leader) Saddam Hussein. But at the same time you don't want to have a government which is weak, especially in such a region and at such a time," he said. In the most extreme version of the Saudi death penalty, known by the Arabic word for "crucifixion" and reserved for crimes that outrage Saudi society, the corpse is publicly hanged in a harness from a metal gibbet as a warning to others. An online film dated April 2012 on the LiveLeaks website shows a man being executed and then "crucified" in this manner, reportedly for robbing a house and killing its occupants. A group of 5 men suffered this fate in May last year in the southern province of Jizan for a series of robberies. The reformist Jeddah lawyer, Alim, said he supported capital punishment in Saudi Arabia but that the legal system needed to be strengthened to ensure verdicts were just. "I'm not someone who shies away from it. It's part of Sharia. But it has to be handled with extreme sensitivity and care. At the moment it can be done on the basis of no other evidence if the accused confesses," he said. (source: Reuters) ***************************** UK Islamic Organizations Issued a Joint Statement Regarding the Death Sentence Against Ayatullah al-Nimr The World Federation of Khoja Shias along with other Muslim bodies, groups and organisations have issued a joint statement denouncing the death sentence passed on Wednesday 15th October by the Saudi Arabian government against Ayatullah Nimr Baqir al-Nimr. The World Federation of Khoja Shias along with other Muslim bodies, groups and organisations have issued a joint statement denouncing the death sentence passed on Wednesday 15th October by the Saudi Arabian government against Ayatullah Nimr Baqir al-Nimr. The statement reads as follows: We are extremely alarmed about the recent death sentence which has been passed against Ayatollah Nimr Baqir Al-nimr as reported by the media for "sowing discord" and "undermining national unity". Ayatollah al-Nimr is a respected Muslim figure in Saudi Arabia. He is a faith leader, reformist and human rights activist, who has long campaigned for an end to discriminatory laws against the Shia minority population of the country. This sentence follows a lengthy 2 year detention in a Saudi prison, which has sparked outrage, not only from the Muslim community but also from the international human rights organisations. We strongly believe that the sentencing of Ayatollah Nimr as a leader of the minority Shia community will further inflame sectarian tensions and provide encouragement to extremist groups such as ISIS to continue their persecution of religious minorities. Therefore, we strongly expect the government of Saudi Arabia to act with responsibility and refrain from implementing the death sentence of Ayatollah al-Nimr. We ask the government of Saudi Arabia to consider the negative and detrimental impact that any sentence of Ayatollah al-Nimr will have to their national image and demand that Ayatollah al-Nimr is released. We implore the government of Saudi Arabia to behave as a responsible role model to both Muslims and Muslim governments around the world. Signed by: Al-Khoei Foundation AlulBayt Foundation British Muslim Forum Council of European Jamaats Imamsonline Islamic Centre of England London Fatwa Council Majlis-e-ulama Shia Mecca Mosque Leeds Radical Middle Way World Federation of Khoja Shia Ithna-Asheri Muslim Communities Saudi Arabia is facing an international outcry and accusations of promoting sectarian hatred after a Shia Muslim religious leader from the country's volatile eastern province was sentenced to death. Sheikh Nimr Baqir al-Nimr, who led protests in Qatif at the height of the Arab spring in 2011, was convicted on Wednesday of sedition and other charges in a case that has been followed closely by Shias in the kingdom and neighbouring Bahrain. Shia Muslims make up 10%-15% of the population of Sunni-ruled Saudi Arabia, which bills itself as playing a lead role in the fight against the jihadis of Islamic State (Isis) in Syria and Iraq. Riyadh has supported Sunni groups fighting to overthrow Bashar al-Assad but denies backing Isis. In Iran, Saudi Arabia's chief regional rival and the political centre of the Shia world, the foreign ministry warned on Thursday that execution would have "dire consequences". In London the Foreign Office stated that it was aware of the sentencing, adding: "The UK opposes the death penalty as a matter of principle." The Saudi authorities have portrayed the cleric as an "instigator of discord and rioting". But Nimr's supporters and family have denied that he incited violence. In a BBC interview, Nimr said he backed "the roar of the word against authorities rather than weapons". The arrest of his brother and other relatives after sentencing has fuelled anger that is being ventilated on Twitter and other social media. "Saudi Arabia's harsh treatment of a prominent Shia cleric is only adding to existing sectarian discord and unrest," said Joe Stork, deputy Middle East director at Human Rights Watch. "Saudi Arabia's path to stability in the eastern province lies in ending systematic discrimination against Shia citizens, not in death sentences." Amnesty International described Nimr's sentencing as part of a wider Saudi government crackdown on dissent. Shia and Sunni groups said they were extremely alarmed by the sentence. "Ayatollah al-Nimr is a respected Muslim figure in Saudi Arabia," 10 organisations said in statement. "He is a faith leader, reformist and human rights activist, who has campaigned for an end to discriminatory laws against the Shia minority. The sentencing will further inflame sectarian tensions and provide encouragement to extremist groups such as Isis to continue their persecution of religious minorities." Toby Matthiesen, a Cambridge expert on Saudi Arabia, said: "In the last 2 years Nimr has become known by Shia across the world. For many Salafis and Sunnis with anti-Shia leanings he has become a real hate figure. In the context of Isis, the Saudi royal family is trying to legitimise itself in the eyes of Sunnis by being tough. Nimr was a revolutionary who called for non-violent protests and the downfall of the Al Saud, but also for Assad to go. He wasn't sectarian." Yusif al-Khoei, of the London-based Al-Khoei Foundation, said he was "appalled" by the news and with others was considering boycotting a Saudi-organised conference on inter-religious dialogue in Vienna. (source: AhlulBayt News Agency) PAKISTAN: Petition for abolition of death penalty admissible: SC Chairman of Watan Party barrister Zafarrullah has filed a petition in Supreme Court of Pakistan on Monday, which stated that the law of execution should be abolished in Pakistan. The registrar of Supreme Court had objected to the petition earlier. However, today Justice Jawad S. Khawaja, during the hearing of petition in his Chamber rejected the objections by registrar office and ordered for the further hearing of petition. The process of law requires that any person tried for a crime should have the right to full legal defense. The death penalty continues to be recognized as a form of punishment in Pakistan's judicial system. The hearing of removal of execution law can only be treated through constitutional petition. During 2007, the UN General Assembly suggested governments who didn't abolish death penalty should suspend their execution process. (source: Dunya News) ******************************************* EU Disappointed By Pakistan Court's Decision To Uphold Blasphemy Death Sentence The European Union has expressed sadness and concerns over the recent decision of a Pakistani court to uphold the death sentence handed down to a Christian woman convicted on blasphemy charges. On Thursday, The Lahore High Court had rejected the appeal against the death sentence handed to Asia Bibi in 2010 for making derogatory remarks about Prophet Muhammad during an argument with a Muslim woman. Soon after the court made its ruling, Asia Bibi's lawyer indicated that he will soon file an appeal with the Supreme Court. "The EU considers the death penalty a cruel and inhumane punishment. We hope that the verdict will be appealed to the Supreme Court and struck down swiftly," the 28-member bloc said in a statement. "We call on Pakistan to ensure for all its citizens full respect of human rights as guaranteed by international conventions to which it is party," the statement added. (source: RTT news) BANGLADESH: Presidential Clemency ---- Law minister for changes to constitution Law Minister Anisul Huq yesterday underscored the need for an amendment to the Constitution so that convicted war criminals cannot get presidential clemency. "It is no possible for us to accept in future that a president of Bangladesh pardons a convict of the 1971 crimes against humanity exercising article 49 of the Constitution," he said while talking to reporters after inaugurating a training course of the joint district judges at BIAM auditorium in the capital. The article 49 of the Constitution says: "The President shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority." The law minister told The Daily Star that it could not be ensured that the convicted war criminals would not get presidential mercy in future. "I will raise the issue before the policymakers of the government and discuss with them how a provision can be incorporated in the Constitution prohibiting president's mercy for convicted war criminals," he said. The minister apprehends that someone like former president Abdur Rahman Biswas might pardon war crimes convicts such as Jamaat-e-Islami leader Ali Ahsan Mohammad Mojaheed. He said the draft amendment to the International Crimes Tribunal (ICT) Act might be placed for approval before the cabinet at its November 3 meeting with a new provision to try and punish war criminal organisations. The move comes in light of making Jamaat, an organisation the International Crimes Tribunal has termed guilty of crimes committed during the Liberation War, face trial for its role in 1971. In response to a query, the minister said the government would take a decision to file a review plea on the life imprisonment of Jamaat leader Delawar Hossain Sayedee after obtaining the full verdict of the review of the death penalty of Abdul Quader Molla. The government would also move to ensure that the war criminals did not get presidential mercy in future, he added. He has hinted at amending the Constitution to that end, if need be. A faction of Ganajagaran Mancha submitted a memorandum to the minister on Sunday demanding scrapping the provision for presidential clemency for war criminals. It also demanded filing a review petition of war crimes convict Delawar Hossain Sayedee's life-in-jail term and trying Jamaat-e-Islami as a party for its role in the war. The secular platform seeks maximum penalty for convicted war criminals. The minister said the very thought of Bangladesh's president letting off people convicted of crimes against humanity gave him a shiver. "But we've seen that [war criminal Ali Ahsan Mohammad] Mojaheed and [war crimes accused Jamaat chief Motiur Rahman] Nizami had become ministers. "The entire process of war crimes trial will be destroyed if any president shows the courage to forgive any war criminal in future. "There can be no compromise over this process [war crimes trial]. We must ensure punishment for the 1971 atrocities. We have to ensure that the war criminals do not get off the hook by any means," the minister added. (source: The Daily Star) IRAQ: Executions Could Be Iraq's Real Challenge to Unity On Saturday, Iraq formed a new unity government: Parliament approved Mohammed Salem al-Ghabban, a Shiite, for the role of interior minister, and Khaled al-Obeidi, a Sunni, as defense minister. But one day later, the United Nations published a report saying that the extreme use of the death penalty and "irreversible miscarriages of justice" in the country are fueling sectarian conflict. The report, which came from the UN Assistance Mission for Iraq and the Office of the High Commissioner for Human Rights, said the sharp increase has translated into 177 executions in 2013, with as many as 34 in a single day. This year, 80 executions - mostly hangings - have been carried out; another 1,724 prisoners were on death row as of August. "The large numbers of people who are sentenced to death in Iraq is alarming, especially since many of these convictions are based on questionable evidence and systemic failures in the administration of justice," said Nickolay Mladenov, the UN's envoy to Iraq. The report said that most defendants appear in court unrepresented or with court-appointed lawyers who are ill-prepared; in half the trials the UN monitored, judges ignored claims that defendants had been tortured until they provided a confession. According to Amnesty International, China, Saudi Arabia, and Iran are the only countries that have executed more of their citizens than Iraq since 2007. "Given the weaknesses of the criminal justice system in Iraq, executing individuals whose guilt may be questionable merely compounds the sense of injustice and alienation among certain sectors of the population," said UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein. He added that this dynamic "serves as one of the contributing factors that is exploited by extremists to fuel the violence," referring to the belief of some officials and strategists that the influence of ISIS can by curbed by building a more inclusive government. The death penalty, which was used as a way of governing under the brutal dictatorship of Saddam Hussein, was suspended in 2003 while Iraq was governed by the Coalition Provisional Authority. It was reinstated in 2005. (source: Yahoo News) ************** Death penalty fuels violence in Iraq, says U.N. report -- 60 people were hanged in Iraq by the end of August this year, and although that is fewer than the 177 who were executed in 2013, 1,724 people remained on death row. Iraq should stop its widespread use of the death penalty, which is unjust, flawed and only fuels the violence it purports to deter, the United Nations said in a report on Sunday. 60 people were hanged in Iraq by the end of August this year, and although that is fewer than the 177 who were executed in 2013, 1,724 people remained on death row. Iraq tends to carry out the sentence in batches because President Jalal Talabani opposes the death penalty so a vice president orders executions when he is out of the country, said the report, published jointly by the U.N. Mission in Iraq and the U.N. Human Rights Office. Judges often pass death sentences based on evidence from disputed confessions or secret informants, condemning suspects who are unaware of their rights, may have been tortured and have no defence attorney until they arrive in court, the report said. "Far from providing justice to the victims of acts of violence and terrorism and their families, miscarriages of justice merely compound the effects of the crime by potentially claiming the life of another innocent person and by undermining any real justice that the victims and families might have received," the report said. Some convicts' relatives said they had been offered a chance to avoid the death penalty by hiring a particular lawyer for $100,000, while many women detainees said they had been detained in place of a male relative, the report said. U.N. High Commissioner for Human Rights Zeid Ra'ad Al Hussein and U.N. Special Representative for Iraq Nickolay Mladenov said Iraq should impose a moratorium on the death penalty. The report said the Iraqi government's view that the death penalty deterred violence "appears not to be valid given the deteriorating security situation over the past years" and said the executions appeared to be merely a reaction to the violence. It added that the death penalty would not deter extremists who were prepared to die to achieve their objectives. The report also rejected the government's claim that its use of the death penalty enjoyed popular support in Iraq. "Once informed of the facts, including that it has no deterrent effect whatsoever on levels of violence and the risks of serious and irreversible miscarriages of justice, it is unlikely that the death penalty would continue to enjoy the public support that it now allegedly receives," it said. It also called on the autonomous Kurdistan Region, which has a de facto moratorium on the death penalty, to abolish it permanently. (source: World Bulletin News) VIETNAM: Vietnam cops bust largest-ever ecstasy, meth racket in central city Police in Da Nang on Sunday seized thousands of ecstasy pills and more than two kilograms of meth in what they called the biggest drug haul ever in the central hub. Lieutenant Colonel Tran Phuoc Huong, spokesman of the Da Nang police force, said they caught Pham Thi Nga, 43, at a bus station in the morning with more than 2,340 ecstasy pills. The police then raided Honey hotel that the migrant from the northern mountainous province of Lang Son, which borders China, was running in the city. They found 140 grams of methamphetamine there. Another more than 2 kilograms of meth showed up at the Sao Sang kindergarten managed by Nga's daughter. The meth was hidden in formula cans and estimated to value VND4-5 billion (US$188,480-235,600), according to the police. The police also found records documenting drug and weapon transactions at the family's establishment in the city. Any one convicted of smuggling more than 600 grams of heroin or more than 2.5 kilograms of meth faces the death penalty in Vietnam, which is said to have some of the world's toughest drug laws. Firearm trade is also illegal in the country where the military is the only unit entitled to own and maintain arsenals. The manufacture and transportation of military-grade weapons is punishable by between one year and life in prison. (source: Thanh Nien News) IRAN----executions A Juvenile executed at Tabriz Central Prison "Fardin Jafarian" who was charged with murder at the age of 14 was executed yesterday morning at Tabriz Central Prison. According to the report of Human Rights Activists News Agency (HRANA), "Fardin Jafarian" who was charged with murder was executed by hanging yesterday morning at Tabriz Central Prison???s enclosure. A close relative who preferred to remain anonymous told HRANA's reporter: "This teenager murdered his friend at the age of 14 with no intention and due to carelessness." This source continued: "At the early hours of yesterday morning and at the age of 18, he was executed at Tabriz Central Prison's enclosure after the family of the victim refused to forgive him." It is important to say that on 05 September, 1991, Iranian government have singed the United Nations Convention on the Rights of the Child (UNCRC). This international convention was also approved by the Islamic Consultative Assembly on 20 February, 1994, and was legislated a domestic law in Iran. According to the article 37 of this treaty, death penalty, long term or life imprisonment sentences without the right to parole for under 18s are banned. (source: Human Rights Activists News Agency) ********************* Human Rights: Juvenile offender executed in Tabriz The Iranian regime's henchmen hanged a juvenile offender who allegedly had committed a crime 4 years ago when he was 14. The victim, Fardin Jaffarian was hanged early morning on Saturday, October 18, in the city's main prison. Since Hassan Rouhani has become the president of the regime over 1000 prisoners have been executed including many juvenile offenders. In a message on the occasion of the World Day Against the Death Penalty (October 10, 2014), Mrs. Maryam Rajavi, President-elect of the Iranian Resistance, stated that the religious dictatorship ruling Iran is a government of executions based on its history, ideology, laws and daily policies. While noting "an alarming increase in the number of executions in relation to the already-high rates of previous years" Dr. Ahmed Shaheed, the Special Rapporteur on the situation of human rights in Iran, said in his latest report: "The human rights situation in the Islamic Republic of Iran remains of concern." "Various laws, policies and institutional practices continue to undermine the conditions needed for the realization of the fundamental rights guaranteed by international and national law." Rights groups and regional analysts say Iran's record may be worsening in the backdrop of potential detente with the West," an article published Wednesday in The Washington Times reported. An advance copy of a book-length report on the violation human rights in Iran titled "Behind Rouhani's Smile" provided to The Washington Times by the National Council of Resistance of Iran notes more than a dozen cases of juvenile offenders have been hanged during past year. (source: NCR-Iran) UNITED ARAB EMIRATES: Syrian Extremists Facing Death Penalty in UAE: Reports 15 alleged members of the al-Nusra Front and Ahrar ash-Sham Islamist organizations are facing the death penalty in the United Arab Emirates (UAE), local media reported Monday. All 15 have been charged with belonging to foreign terrorist organizations and collecting funds for them. Some of them also have been accused of illegally manufacturing explosives, possessing firearms and launching an extremist website. The trial began in Abu Dhabi last month, though 4 of the suspects are wanted and undergoing trail in absentia. Nine suspects are citizens of the UAE, the rest of them are immigrants from Syria and the Comoros. According to the prosecution, some of the suspects have been trained in al-Nusra Front and Ahrar ash-Sham camps to fight government forces in Syria, while others provided extremists with logistical support, recruited new members in the UAE and raised funds for the Islamist groups. Members of the cell were crossing into Syria from Turkey and delivering goods, including 14,000 automobile engines, via the same route, the media outlets reported. (source: RIA Novosti) From rhalperi at smu.edu Mon Oct 20 16:45:03 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 20 Oct 2014 16:45:03 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, DEL., FLA., CALIF. Message-ID: Oct. 20 TEXAS: Texas death penalty too easily doled On Oct. 8, a 49-year-old man who was looking death in the eyes was able to walk away a free man. According to the Houston Chronicle, in 2005, Manuel Velez was charged in the death of his girlfriend's son, Angel - who passed away a day before his 1st birthday. The Huffington Post said Velez was with the boy when he started struggling to breathe and sought help, but ultimately the child could not be saved. It was only a few weeks after the death that Velez became a person of interest, despite not having a history of violence, and he was sentenced to death row at the age of 40. Angel's mother - and Velez's girlfriend - Acela Moreno was also found guilty of the child's death and charged with capital murder; however, she agreed to a plea deal and was only required to serve 5 years of a 10-year sentence before being sent to Mexico. Back in August, a judge granted credit to Velez for the 9 years he served on death row and gave him the ability to be eligible for mandatory supervision. And on Oct. 8, Velez walked out. One of Velez's lawyers, Brian Stull from the American Civil Union's Capital Punishment Project, strongly believed that Velez never committed the crime he was imprisoned for, said The Huffington Post. "Manuel never belonged in prison, let alone on death row waiting to be executed," Stull said. "He is indisputably innocent." Stull also went on to say that he believed the child's mother played the upper hand in his death. According to the Houston Chronicle, Moreno had a history of being abusive to her children, and Stull said he believed she should have been regarded as the main suspect to the tragedy. "This is the story of an innocent man who went to death row because the entire system failed," Stull said to the Huffington Post. The death penalty isn't black and white; it's difficult to say death penalty should be legalized all over the country. According to the Texas Death Penalty Law, capital punishment is legal in the state of Texas should the suspect have caused the death of another individual. However, the entire institution of capital punishment goes a lot deeper. Rather than generalizing every murderer as simply being deserving of the penalty, it should be required to take each case as it comes. "I always find myself torn on whether the death penalty should be allowed," said journalism senior Nikki Nduukwe. "I think it's hard for me to wrap my mind around taking someone's life as a punishment for a crime, but then I think of the people who have done horrible, disgusting things. So when it comes to the death penalty I think the issue is so complex that it is hard to say yes or no." In Texas, the death penalty is reserved for those who have caused another???s death. If the system and the victim's family want the perpetrator to suffer the consequences for the act he committed, the death penalty would not fulfill this. "I think the death penalty is too easy of a way out for a criminal crime," said accounting junior Christina Nguyen. "A life sentence in jail allows criminals to think upon their actions." Once the criminal is dead, he's gone. It would be more beneficial to have him serve out a life sentence and, therefore, be properly punished for his crime. However, there are a number of individuals who are beyond help and the death penalty may be the only course of action for them. This can be said for individuals who have repeatedly committed the same crime or who are becoming an increasing danger to society. Each case must be taken on its own, but with some individuals it's easy to see that they have no chance in redeeming themselves and it would be better to put them out of their misery. Psychology junior Emma Coronado said she believes the system can remove the blood from its hands by keeping criminals locked up. "There are people who are too evil to live," Coronado said. "They're dangerous and have insatiable lusts that are impossible for them or anyone else to control. That being said, I do believe in a higher power and that fate will take its course; whether it be during their lifetime or after it. I think they belong in high security places where there is no danger of escape." Velez was extremely lucky to walk away from capital punishment, which cannot be said for a number of individuals. The death penalty is the most inhumane form of punishment, and the system does not have the right to decide whether or not a person should live. Despite being a highly controversial topic, the death penalty is not spoken about as much as other topics - which needs to change. (source: Opinion columnist Trishna Buch is a print journalism senior; The (Univ. Houston) Daily Cougar) DELAWARE----new execution date//NOT serious Bonistall killer's execution date set In a brief proceeding on Monday, James Cooke was informed that he is to be put to death on Dec. 4 for the 2005 rape and murder of Lindsey Bonistall. However, all sides expect this new execution date to be stayed as Cooke pursues appellate options. Cooke, 43, who was notorious for his outbursts during his 1st trial and re-trial, remained quiet through the 6-minute proceeding before Superior Court Judge William C. Carpenter Jr., who took over the case after Superior Court Judge Charles Toliver IV retired earlier this year. Carpenter read a brief statement informing Cooke that since the Delaware Supreme Court had upheld Cooke's conviction and death sentence, the court was required to re-impose the sentence and set an execution date. Cooke, who was dressed in an orange prison jumpsuit, was then taken out of the courtroom once Carpenter finished re-reading the sentence that was imposed by Toliver in September 2012. Outside court, Cooke attorney Anthony Figliola said he expects that Cooke will file a motion claiming his trial counsel was ineffective, and at that point, he, along with co-counsel Peter Veith, will file a motion to stay the execution and withdraw from the case. Figliola said he expects Cooke to file his motion in the next couple of weeks, and at that point, the Federal Public Defender's Office will take over representation of Cooke through the appeals process. Deputy Attorney General Steve Wood said while he does not expect Cooke to be executed in December, due to appeals, he nonetheless said Carpenter's ruling on Monday is "an important step down a long road" to Cooke's eventual execution. Appeals in a death penalty case can take as long as 15 years before an execution is carried out. ************************** Eden Park slaying trial opens In opening statements Monday, prosecutor Ipek Medford told a jury that Jeffrey Phillips and Otis Phillips walked up to Herman "Ninja" Curry as he stood on the sidelines of an afternoon soccer tournament on July 8, 2012 and tapped him on the shoulder. "Ninja, you will die," a witness heard Otis Phillips say and he pulled out a gun and fired repeatedly. Curry, 47, tried to get away but soon fell to the ground after being hit three times at point blank range, she said. According to witnesses, Medford said Otis Phillips and Jeffrey Phillips then turned to the massive crowd of people including women and children and families enjoying the tournament and a day at the park, and sprayed the crowd with gunfire. And a witness saw 16-year-old Alexander Kamara Jr., who was waiting for his turn to play in the tournament, drop to the ground. This trial, Medford told the jury, is about revenge, retaliation and elimination. Medford said Otis and Jeffrey Phillips, who are not related, were seeking revenge and looking to retaliate for a slaying of one of their friends, Kirt Williams, hours earlier at a party on King Street. Jeffrey Phillips had been at that party with Williams and others and told to leave just before the shooting started. But Medford said Otis Phillips was also seeking to eliminate Curry, who was witness to a slaying at a different party in January 2008 where Otis Phillips was the main suspect based on Curry's description to police. Medford also said that both Otis Phillips and Jeffrey Phillips were members of violent, drug-dealing street gang, the Sure Shots, and the gang wanted to "go to war" after the slaying of Williams. Defense attorneys, meanwhile, stressed the poverty-stricken upbringing of their clients and reminded the jury that both men were innocent until proven guilty. Attorney Kevin O'Connell, representing Jeffrey Phillips, said his client was not a gang member but hung out with some because they had a studio and he liked to make music with them. Attorney Michael Heyden also denied that his client, Otis Phillips, was a member of the Sure Shots. Jeffrey Phillips is facing 12 charges, including first-degree murder for the death of Kamara and Curry. Otis Phillips is facing 15 charges, including murder the 2008 slaying of Christopher Palmer, the murder Curry witnessed. Both men face a possible death sentence if convicted. The trial, overseen by Superior Court Judge Calvin Scott, is expected to last more than a month. (source for both: Delawareonline.com) FLORIDA: Trial to start soon for man accused of stabbing wife to death in parking lot A 44-year-old Central Florida man faces the death penalty if he is convicted of killing his wife outside of a local sub shop. Dwayne White is standing trial on 1st-degree murder charges. He is accused of slashing his estranged wife to death in a Seminole County parking lot. Prosecutors allege that it was White who killed 42-year-old Sarah Rucker in August 2011. The state is seeking the death penalty. On Monday, potential jurors were asked in detail what they think of the that possible punishment. The potential jurors were told White has not been convicted of anything at this point. His trial has yet to start. "Pushed me down and hit my head, but I'm fine," Rucker said on a 911 call hours before her death, which will be played during the trial. Rucker said an argument at her home in Deltona got physical. She said she was going to get the phone she claimed White took from her. "I'm on call tonight and I just need my phone," she told the 911 operator. 3 hours later, the local hospital worker was found stabbed and slashed. Her body was found in a sub shop parking lot at State Road 434 and Interstate 4 in Longwood. The state said scientific evidence at that scene points to White. 12 jurors are needed in this case, and usually 2 alternates are also part of the panel. The case could start as early as Tuesday morning and is expected to last a week. (source: WESH news) CALIFORNIA: Murder charges filed----Long Beach Man Could Face Death Penalty After Being Charged With Murder of CSUN Student A Long Beach man is eligible to receive the death penalty after he was charged today in the death of a Cal State Northridge student last month, the Los Angeles County District Attorney's Office (LADA) announced. Agustin Rosendo Fernandez, 28, of Long Beach, was charged with 1 count of murder, with the special circumstances of murder during a robbery and murder during a carjacking. The complaint also alleges personal use of a knife as a deadly weapon. The LADA said Fernandez met victim Abdullah Alkadi through a social media website after Alkadi posted his car for sale, said Deputy District Attorney Cynthia Barnes, who is prosecuting the case. The body of Alkadi, an engineering student, was discovered last week near Palm Springs off the 10 Freeway. Prior to that, he was last seen near his Northridge home on September 17. Because of the special circumstance allegations, Fernandez is eligible for the death penalty, the LADA said. Prosecutors will decide later whether to seek the death penalty or life in state prison without the possibility of parole. Fernandez is scheduled to be arraigned today at the Los Angeles Superior Court in San Fernando, Department S. Prosecutors are expected to ask that he be held without bail. (source: Long Beach Post) From rhalperi at smu.edu Mon Oct 20 16:46:19 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 20 Oct 2014 16:46:19 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 20 CHINA: China Executed 2,400 People in 2013, Dui Hua The Dui Hua Foundation estimates that China executed approximately 2,400 people in 2013 and will execute roughly the same number of people in 2014. Annual declines in executions recorded in recent years are likely to be offset in 2014 by the use of capital punishment in anti-terrorism campaigns in Xinjiang and the anti-corruption campaign nationwide. Dui Hua bases its 2013 estimate on data points published in Southern Weekly that are consistent with information provided to Dui Hua by a judicial official earlier this year. The mainland magazine reported that a former senior judge of the Supreme People's Court (SPC) stated at a seminar in July that the number of executions had reached 1/10 of the highest number recorded since 1979. In 1983 - the 1st year of the Strike Hard campaign during which the power to approve capital punishment was given to provincial high courts - 24,000 people were sentenced to death, according to a report by southcn.com citing The Communist Party of China: 40 Years in Power (Zhongguo gongchandang zhizheng sishi nian). The book called the 1st year of the Strike Hard campaign the largest centralized attack since the campaign to suppress counterrevolutionaries in 1950. A judicial official with access to the number of executions carried out each year, which is a state secret, told Dui Hua Executive Director John Kamm in early 2014 that the number of executions dropped by around 20 % in 2013 compared to the previous year. Dui Hua previously estimated that China executed 3,000 people in 2012. China currently executes more people every year than the rest of the world combined, but it has executed far fewer people since the power of final review of death sentences was returned to the SPC in 2007. Since then, the number of executions nationwide may have dropped by more than 1/3 with declines of nearly 50 % in some locales, Southern Weekly reported citing an expert familiar with the court system. Other experts have said that the national figure dropped by 50 % 4 years after 2007. In 2013, 39 percent of all death penalty cases reviewed by the SPC were sent back to provincial high courts for additional evidence, Southern Weekly reported citing an SPC official speaking at a legal seminar. Domestic violence survivor Li Yan was among the defendants whose cases lacked sufficient evidence; the verdict against her was ultimately overturned. The SPC currently overturns fewer than 10 % of death penalty verdicts, a former SPC senior judge told Southern Weekly. In the years immediately after 2007, the rate was about 15 %. (This percentage varies considerably by province.) Between July 2, 2013, and September 30, 2014, the SPC published 152 death penalty review decisions online, Southern Weekly reported in a separate article. The 152 decisions involved 129 murder cases and 17 drug cases. Only 5 verdicts were fully or partially overturned, and defense lawyers participated in just 13 % of death penalty reviews. Amendments to Article 240 of the Criminal Procedure Law, effective January 1, 2013, state that if the defense attorney requests, the SPC shall listen to the opinion of the defense attorney during its review. Provinces with the most review decisions were Yunnan (14), Xinjiang (13), Zhejiang (11), Guangdong (8), and Henan (8). The average time for reviewing a death penalty verdict was 6 months, with 2 years as the longest period. (source: duihua.org) BANGLADESH: Rais, we need you here -- We need people like Rais Bhuiyan right here in Bangladesh in order to spread the message of love, forgiveness, friendliness, kindness, and empathy Rais Bhuiyan was an ordinary dreamer when he left Bangladesh for America at the age of 27. He went there when the US government was offering immigrant visas to foreign citizens. He was trained both in a cadet college and in the air force. However, he wanted to be an IT professional in the land of possibilities. First, he went to Manhattan, and then he ended up in Texas. Rais started working at a gas station as well as in a mini-mart. Things were pretty much okay on the way to his dreams. But things didn't exactly go as he wished. 9/11 attacks changed America and some of its people for good. After the attacks, a day labourer named Mark Anthony Stroman went on a killing spree against people who he viewed as Arab. His intention was to seek revenge for the attacks. On September 15, 2001, he killed Pakistani immigrant Waqar Hasan inside a Dallas grocery store. On September 21, he walked into the mini-mart where Rais was working. Rais thought he was a simple robber, and was ready to hand over all the money that was in his counter. But Stroman asked: "Where are you from?" Before Rais could answer, Stroman shot him in the face. Stroman left thinking that he was dead. Rais, bleeding from his head, ran to the barbershop next door, and a man in the shop called 911. During the police investigation, Stroman shot another man named Vasudev Patel on October 4. Stroman was arrested soon, but he called American TV stations from his jail cell and talked about how proud he was for killing those men. He thought he was the most patriotic American and started calling himself "the Arab Slayer." Rais had to go through several surgeries, and finally the doctor could save his eye, but the vision was gone. He was carrying more than 35 pellets on the right side of his face. It took several years to go through all these painful surgeries, one after the other. This is when Rais showed the most amazing gesture that any human can ever show. He forgave his shooter and took up the cause of preventing Stroman's execution. Rais organised the Muslim community behind his cause. And that changed the psychology of Stroman. He said in an interview with the New York Times: "I have the Islamic community joining in [my legal defence] ... spearheaded by one very remarkable man named Rais Bhuiyan, who is a survivor of my hate. His deep Islamic beliefs have given him the strength to forgive the unforgiveable ... that is truly inspiring to me, and should be an example for us all. The hate has to stop, we are all in this world together." Rais reconciled with Stroman before his death. A few hours before Stroman's execution, Rais spoke to Stroman over the phone, saying: "I forgive you, and I do not hate you." Stroman responded: "Thank you from my heart! I love you, bro ... You touched my heart. I would have never expected this." Rais replied: "You touched mine too." Stroman was executed on July 20, 2011. On that day, Rais's lawyers had lost a final appeal in federal court to stop Stroman's execution. Now, what else could be the best example of forgiveness in the present-day tumultuous world? Isn't it amazing that a person forgave another person who wanted to kill him? Indeed, this is remarkable. Later on, Rais formed an organisation named World Without Hate and is presently running a USA-wide campaign against hatred. Anand Giridharadas wrote Rais's story in his work The True American: Murder and Mercy in Texas, which is now to become a Hollywood movie. The reason I focus on Rais Bhuiyan is because he became an extraordinary dreamer from an ordinary one. We, as a Bengali nation, have much to learn from our own countryman who, after suffering the severest blow, could turn around and forgive his aggressor. The extent of hatred that is currently being practised in our socio-political life is phenomenal. Our hatred towards one another, to my mind, seems to be the only stumbling block on the way to our true future. We need people like Rais Bhuiyan right here in Bangladesh in order to spread the message of love, forgiveness, friendliness, kindness, and empathy. Come home and do something, Rais Bhuiyan. (source: Ekram Kabir, Dhaka Tribune) From rhalperi at smu.edu Tue Oct 21 12:16:46 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 21 Oct 2014 12:16:46 -0500 Subject: [Deathpenalty] death penalty news----GA., FLA., OHIO, COLO., ARIZ. Message-ID: Oct. 21 GEORGIA: Sentenced to death, inmate now faces new penalties The Georgia Supreme Court says that the death penalty is not enough punishment for a Walker County killer. In an opinion released Monday morning, the justices unanimously ruled that the sentence was "favorable to the defendant" in the case of Donnie Allen Hulett. In April 2004, a jury convicted Hulett of murdering 2 brothers, and Superior Court Judge Jon "Bo" Wood sentenced him to death. The top court's decision could delay Hulett's execution in a case that has dragged on for 10 years. A month after his conviction in 2004, attorneys for Hulett asked for a new trial, as often happens after a guilty verdict in a criminal case. But the appeal lingered for 9 years. Wood did not deny Hulett's request for a new trial until 2013. And because Wood did not deny the motion until last year, Hulett's attorney did not appeal it further up the judicial chain until this year. Now, because of an error 10 years ago, Hulett is due to return to Walker County Superior Court for a new sentencing hearing. The Supreme Court said Wood was too soft. In all, the jury convicted Hulett in 2004 of 17 different crimes. Those crimes included 2 counts of malice murder. When Wood sentenced Hulett, he gave him the death penalty for malice murder and "merged" all the other charges. But the Supreme Court justices say Wood should not have done that. They ruled that Wood should have punished Hulett separately for a couple of his crimes: robbery and possession of a firearm by a convicted felon. The Supreme Court says that those crimes were committed separately from the murder. The court's reasoning? If Hulett had not been found guilty of murder, he would have still been guilty of robbery. And if Hulett had not been found guilty of robbery or murder, he would have still been found guilty of carrying a firearm when he was not allowed to have one. The Supreme Court found that Wood was unfair to prosecutors, though prosecutors asked Wood to "merge" the charges when he sentenced Hulett. No prosecutor has objected to that since the sentencing. Supreme Court Justice Carol Hunstein wrote, "if we notice a merger issue in a direct appeal, as we have here, we regularly resolve that issue, even where (it) was not raised in the trial court and is not enumerated as error on the appeal." Lookout Mountain Judicial Circuit District Attorney Herbert "Buzz" Franklin said the Supreme Court's ruling surprised him. 10 years ago, he asked Wood to "merge" the charges because he thought that would reduce Hulett's chances of winning an appeal down the line. "We try to err on the side of caution," he said. (source: TimesFreePress) FLORIDA: Parents face death penalty in toddler's death 2 Pensacola parents who failed to seek treatment for their severely burned toddler have been charged with murder and are facing the death penalty, according to the State Attorney's Office. Christopher Redd, 39 and Jennifer Gail Perry, 29, were both charged with 1st-degree felony murder in the death of their 2-year-old son Bryson. According to the couple's July arrest report, Perry told the Pensacola police that boiling water from the stove fell onto the child. According to the PPD, he had second and third degree burns over 35 % of his body. The report said the family waited approximately 2 weeks before calling 911 because they had been previously investigated by the Department of Children and Families and didn't know how what to say about Bryson's injuries. Both are being held in Escambia County Jail without bond, and their next scheduled court date is Dec. 16. (source: Pensacola News Journal) ***************** Florida quadruple-murder suspect faces death penalty after leaving bodies to rot on hill ---- Adam Matos, 28, allegedly lived with the bodies for a week as the decomposed in a field a short distance from the Hudson, Fla., home. He's accused of killing his ex-girlfriend, Megan Brown, her new boyfriend and her parents, then fleeing the scene with his 4-year-old autistic son. A callous Florida killer who cops say lived beside the rotting bodies of his ex-girlfriend and her 3 family members for a week after killing them now faces the death penalty in the heinous quadruple murder. Adam Matos, 28, was busted the day after authorities found the four bodies stacked up on a hill Sept. 4 in Hudson, a waterfront town 45 miles north of Tampa. Matos shot dead ex Megan Brown, 27, bludgeoned her new boyfriend, 37-year-old Nicholas Leonard, to death, before shooting and beating the woman's parents, Gregory and Margaret Brown, both 52, to death. Margaret Brown had a plastic bag pulled over her head, while Gregory Brown had been shot in the chest. Between the killings and his arrest, Matos cared for his autistic son, Ismael "Tristan" Santisteban while covering up his crimes, police said. According to court documents, he told neighbors the family was on vacation and used Margaret Brown's debit card to buy pizza for the 4-year-old and a shovel for the burials. Matos, 28, has been in police custody since Sept. 5, when a SWAT team cornered him in a downtown Tampa hotel. Ismael was with him, unharmed. The arrest ended a frantic 12-hour Amber Alert search for the boy. Police began hunting for the father-son duo on Sept. 4 when they found the 4 bodies and no trace of Matos and Tristan. Police believe Matos killed the 4 on Aug. 28 and then lived at the home with the bodies nearby for a week, the Tampa Tribune reported. That was the last day anyone saw the family alive, and was the same day Megan Brown called police to report Matos had held a knife to her throat and threatened to kill her, the Tribune reported. He fled before cops arrived, but neighbors spotted Matos at the house later that afternoon, sweaty and out of breath, according to police records. Matos had lived in the home with the Browns since July, when he moved with them from Pennsylvania to Florida - and stayed even after Megan Brown broke up with him. Days later, when the Browns' next-door neighbors, Ryan McCann, asked where Megan and her parents were, Matos told him the three had taken a trip to West Virginia. Meanwhile, Matos sold 6 of the family's dogs through Craigslist.com listings, earning $50 for each pup the family had bred. He used Margaret Brown's debit card to buy a shovel from Walmart - which he likely used to bury his victim's bodies near the house, police said. He also used the card to order Papa John's. Police visited the house on Sept. 4 after a worried friend couldn't get in touch with any of the Browns. When officers saw birds circling the air, they discovered the maggot-covered, decomposing bodies. Inside the home, cops found weapons, as well as blood-soaked sheets and rugs and blood and maggots inside a minivan in the home's garage, the Tampa Bay Times reported. Matos faces 4 1st-degree murder charges and pleaded not guilty. He is next due in court Dec. 9. During a jailhouse interview last month, the accused killer proclaimed his innocence - though he admitted the evidence pointed at him. (source: New York Daily News) OHIO: Alleged Ohio highway shooter faces death penalty A man accused of kidnapping his estranged girlfriend from her Kentucky home and fatally shooting her on Interstate 75 in Ohio faces 5 charges and the death penalty. A Warren County, Ohio, grand jury indicted Terry Froman on Monday on 2 counts of aggravated murder, 2 counts of kidnapping and 1 charge of discharging a firearm on I-75 in the Sept. 12 death of Kim Thomas, of Mayfield, Ky. Froman, 41, of Illinois, is scheduled to be arraigned on the charges Wednesday in Warren County Common Pleas Court. He also faces capital charges in Kentucky in the shooting death of Thomas' 17-year-old son, Michael "Eli" Mohney. Authorities say Froman executed Mohney as he tried to defend his mother from the kidnapping at their home. Warren County Prosecutor David Fornshell said Warren County will prosecute Froman first before he is transferred to Kentucky. Thomas was found dead, shot multiple times, across the back seat of Froman's white 2004 GMC Yukon after Froman, with police on his tail, stopped the SUV on the berm of I-75 in Turtlecreek Township. He allegedly shot Thomas, then shot himself in the chest. A spokesman for the Ohio State Highway Patrol had said Froman tried to commit suicide, but his injuries were not life-threatening. The incident shut down I-75 for about6 hours. "There is evil in the world and I think what we believe happened in this particular case is evidence of that." A multistate search for Froman began early Sept. 12 after Thomas' co-workers at a Mayfield, Ky., nursing home went to her nearby residence to check on her when Thomas did not show up for work. Authorities in Graves County, Ky., said Froman is accused of fatally shooting Mohney, in the residence before abducting Thomas. A bloodied Thomas tried to flee at a Food Mart in Paducah, Ky., on the morning of Sept. 12, but Froman caught her, put her in the vehicle and took off. Froman then stopped at his mother's home in Paducah covered in blood. His mother called police after he left, Graves County Commonwealth Attorney David Hargrove said earlier. "This is a case that has rocked that community of Graves County, Ky.," Fornshell said. Froman and Thomas had lived together but broke up in late August or early September, Fornshell said. Fornshell said he called Thomas' family and spoke with her father Monday morning before holding a news conference to announce the indictment. "I could tell he was choked up about the fact that at least the 1st step of justice had started," Fornshell said. "There is evil in the world and I think what we believe happened in this particular case is evidence of that." (source: USA Today) COLORADO: Dunlap death row decision by Gov. John Hickenlooper haunts victim's father but not other family members The father of slain 17-year-old talks about Gov. John Hickenlooper's decision to grant the killer an indefinite reprieve. A heartbroken father whose daughter was killed during a rampage at a suburban Chuck E. Cheese blistered Colorado Gov. John Hickenlooper for granting an indefinite reprieve to death row inmate Nathan Dunlap. Dennis O'Connor called Hickenlooper a "coward" in a tough-to-watch 13-minute video released Monday by A Better Colorado Future, a political 527 overseen by Republican political operatives Andy George and Kelly Maher. His daughter, Colleen, was 17. "He took the coward's way out at the expense of my daughter," O'Connor said. "He's a coward who doesn't deserve to be in office. If you can do anything, Coloradans, get this guy out of here before he screws everything up." Hickenlooper, a Democrat, faces a challenge from former Congressman Bob Beauprez, a Republican. O'Connor's former wife, Jodie McNally-Damore, has a different opinion of Hickenlooper's decision. Dunlap, she told CNN, "deserves to stay exactly in the hole that he's in -- let him rot." And Colleen's cousin, Gillian McNally, told Colorado Public Radio that she "fully supports" Gov. Hickenlooper's decision. "I actually thought it was very brave," McNally said. Maher said her organization has cut a 30-second and a one-minute campaign ad from the video, but still is making a decision on how to proceed. Colleen was shot at the Aurora pizzeria where Dunlap he used to work at before being fired. He killed four people and severely injured a 5th. Dunlap was scheduled to be executed last year and some thought the Democratic governor might commute the killer's sentence to life in prison, instead, but the governor chose an indefinite reprieve. Hickenlooper said 3 jurors have said if they knew Dunlap was bi-polar they wouldn't have voted to give him the death penalty. "This is an awful tragedy and Nathan Dunlap will die in prison," the governor's campaign manager, Brad Komar, said when asked about the video. "The governor's decision was based in his opposition to the death penalty while respecting that others disagree. It is a legitimate question whether the state should take a life." (source: Denver Post) ARIZONA: Arizona jury to consider death penalty for murderer Jodi Arias An Arizona jury will be sworn in on Tuesday to decide whether 34-year-old convicted murderer Jodi Arias will be executed for the 2008 slaying of Travis Alexander, court officials said. After months of delays, a 12-member jury is set to be impaneled in Maricopa County Superior Court in downtown Phoenix in the penalty phase retrial of the former California waitress. Arias was found guilty of 1st-degree murder in May 2013 for killing Alexander, 30, in his Mesa, Arizona, home. Alexander was found slumped in his shower after being stabbed 27 times, having his throat slashed and being shot in the face. Arias testified for 18 days, claiming she acted in self-defense, while prosecutors said she murdered Alexander in a jealous rage. The jury found her guilty and quickly decided that she was eligible for the death penalty. But they deadlocked on what her punishment should be, prompting Judge Sherry Stephens to declare a mistrial. The 5-month trial featured lurid testimony and grim crime-scene photographs, drawing many U.S. television and Internet viewers with the aid of live-streamed broadcasts. The penalty phase retrial, however, will not be broadcast live. It took roughly 3 weeks to seat the new jury, from a pool of roughly 400 people. If that jury deadlocks, the death penalty will be off the table, and Stephens will decide if Arias gets life in prison, or life without the possibility of parole for 25 years. (source: Reuters) From rhalperi at smu.edu Tue Oct 21 12:17:37 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 21 Oct 2014 12:17:37 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 21 PAKISTAN: Church to appeal Asia Bibi death penalty Catholic leaders in Pakistan will appeal to their country's Supreme Court after a lower court upheld the death penalty for a blasphemy ruling against a Christian mother of 5 children. "Like it or not, we have to accept the court order," Father Emmanuel Yousaf Mani, director of the National (Catholic) Commission for Justice and Peace, told Catholic News Service. 4 days earlier, the Lahore High Court upheld the death sentence handed to Asia Bibi in 2010. "The only option before us now is to appeal against the verdict. We have applied for a certified copy of the verdict. We will appeal against it in the Supreme Court," Father Mani said, adding Christians were praying for an acquittal. A statement from the Cecil & Iris Chaudhry Foundation, a Catholic group named for a critic of Pakistan's blasphemy law, expressed disappointment in the ruling. "Bibi has wrongly been convicted of blasphemy. We remain optimistic that the rule of law will prevail and justice will be done (when the appeal is heard in the Supreme Court). For now that is our only hope," said the statement by the Catholic advocacy group. Bibi, an "untouchable" low caste, was accused of blasphemy after an argument with her Muslim neighbour over a drinking glass in the fruit field where they worked together. She was the 1st Christian woman convicted under the blasphemy law that provides for mandatory death sentence even for unintentional acts or words of blasphemy. 2 prominent critics of the blasphemy law lost their lives in their bid to get Bibi released on bail following her conviction. Salman Taseer, a Muslim and governor of Punjab province, was shot dead on January 4, 2011, by his Muslim body guard after he initiated a clemency petition. Shahbaz Bhatti, a 42-year old Catholic and federal minister for religious minorities who closely worked with Taseer with the clemency petition, was killed 2 months later in Islamabad. More than 96 % of Pakistan's population of more than 180 million people are Muslims. While Christians and Hindus account for over 1.5 % each, Ahmadis, Sikhs, and tribals account for the remaining 1 %. (source: Catholic Herald) EGYPT: Diplomatic talks continue concerning the fate of 3 Seychellois nationals on death row in Egypt All diplomatic avenues are being engaged in an attempt to save the lives of 3 Seychellois nationals whose time is running out after having been sentenced to death in Egypt for drug trafficking, says the Seychelles government. The Seychelles President James Michel this morning conveyed a letter addressed to his Egyptian counterpart, Abdel Fattah El-Sisi pleading for clemency for the 3 men. The letter was handed to the new Egyptian Ambassador to Seychelles Mahmoud Ali Talaat after he presented his credentials to the Seychellois Head of State this morning. The matter relating to the death penalty imposed on the 3 Seychellois men was the main topic of discussion. Talaat told journalists in an interview at State House that the Seychelles President had expressed the grief that the people of Seychelles and the families of the 3 men are currently going through. "The President (James Michel) expressed how important it is to the Seychellois people and for the families of the 3 who are sentenced to death," he said adding that he will convey the message to Cairo as soon as he arrives in Nairobi where he is based. "I will convey his message to his excellency the President of Egypt and to the government. I'm not a law expert so I do not know what could be done about it but I will convey the message...Let's hope for the best. As I said I have to convey the message to my president and we will see from there, but normally the Egyptian government never gets involved in the judiciary." The Seychelles Secretary of State for Foreign Affairs, Ambassador Barry Faure is currently in Cairo where he yesterday discussed the matter with the Egyptian Ministry of Foreign Affairs. It was on Wednesday last week that it was confirmed that the Egyptian Court of Cessation had upheld the death penalty imposed on Ronny Norman Jean, Yvon John Vinda and Dean Dominic Loze, rejecting their appeal. The 3 men were sentenced to death by execution on April 7, 2013 and the sentence was confirmed on June 3, 2013. They men were arrested on April 22, 2011 by the Egyptian police onboard a boat near the Red Sea coastal town of Marsa Alam. They were together with a British national identified as Charles Raymond Ferndale, who is said to be the owner of the vessel and another Pakistani national. They were accused and charged for attempting to smuggle 3 tonnes of cannabis packed in 118 bags into Egypt. The Seychelles Foreign Affairs Minister Jean-Paul Adam who was also present at the State House meeting, said Seychelles has made several diplomatic representations since the 3 men were sentenced to death on April 7, 2013. He said the 1st was to the former Egyptian President Mohamed Morsi after they were sentenced. Morsi was ousted by the military in July 2013. Adam noted that another appeal was also made after the death sentences were upheld by the Egyptian Court of Appeal. Then there was the final appeal to the Court of Cassation, which is the last legal recourse. Now that the court has pronounced itself and upheld the death penalty the Egyptian president has 1 month during which he may intervene on the matter. Nevertheless Adam said it is a very difficult situation as questions may be asked to the Egyptian authorities as to "why this case and not others" while adding that "if the appeals are unsuccessful, we must prepare ourselves for what can happen." "....Egypt has shown that it is very open to listen to Seychelles and I think this is the mark of the strength between the 2 countries. But we are also conscious that like in Seychelles the executive cannot interfere in the judiciary," said Adam. "Because Seychelles is not a country that applies the death penalty we are appealing for clemency in that their sentence could be reduced to life imprisonment....but it will be a question for the Egyptian legal authorities to look at. We hope for a positive answer but we have to be respectful of the Egyptian justice system." The Seychelles Foreign Affairs Minister said his ministry is in contact with the families of the condemned men adding that "the 3 are in a very difficult and emotional situation." Adam also told journalists that a possible execution date has not yet been confirmed and that they await to hear from the lawyers on the matter. He also said that negotiations for clemency are being coordinated with the UK Government since a Briton was also arrested together with the 3 Seychellois and subsequently sentenced to death for drug trafficking. The Seychellois public have also expressed concern about the fate of the 3 Seychellois nationals in Egypt while several efforts are ongoing to plead for mercy on social media sites and newspapers. The former Seychelles President James Mancham has also added his voice to the plea for clemency for the three Seychellois men. Mancham has also sent a letter to the Egyptian President Abdel Fattah El-Sisi calling on him to show mercy on them. Seychelles and Egypt established diplomatic ties in 1976. While the situation of the 3 men on death row dominated discussions during talks between the newly accredited ambassador and Michel the possibility to enhance cooperation between the two countries were also highlighted. "We discussed different matters in the trade field, how trade could be doubled or even tripled or quadrupled, we should make more efforts in that respect using what we have now which is the COMESA. There are lots of agreements that could be signed between both countries. Egypt can supply various experts in different fields especially in the health field," said Talaat. Apart from increasing trade and cooperation in the health sector, tourism is another area which the two sides feel can be explored further. (source: Seychelles News Agency) *********************** Egypt court upholds death penalty for militant----Ansar Bait Al Maqdis have claimed responsibility for a number of attacks An Egyptian military court on Tuesday confirmed death sentences against 7 Islamist militants convicted of attacking and killing army officers, the semi-official newspaper Al Ahram reported online. The confirmation was made after the tribunal received a report from the country's chief legal Islamic authority, the Grand Mufti, on an initial ruling issued by the court in August, according to the paper. Under Egypt's criminal law, civil and military courts have to refer preliminary death sentences to the Grand Mufti for an advisory opinion. The military court also handed down life imprisonment to 2 defendants in the same case related to the killing of 2 army officers during a security crackdown on an arms cache manned by suspected Islamist insurgents in the province of Qaliubia earlier this year. The defendants are members of Ansar Bait Al Maqdis, a Sinai-based militant group that has claimed a series of deadly attacks against Egyptian security forces since the army deposed Islamist president Mohammad Mursi in mid-2013. (source: Gulf News) NIGERIA: Yero Removes Ebhos From Death Row The governor of Kaduna State, Alhaji Ramalan Yero has signed a release order for Thankgod Ebhos, an inmate on death row in Benin City prison after 19 years on death row. The governor signed the release in exercise of his power of Prerogative of Mercy as outlined under section 212 of the Nigerian constitution. The long winding road to Thankgod Ebhos' release began with the intervention of the international human rights organisation, Avocats Sans Frontieres France (ASF France) on the platform of their death penalty project, Saving Lives (SALI). The pro bono team of SALI lawyers forestalled further threat of execution by immediately filing for an injunction at the ECOWAS community court of justice. In a statement by Miss Esther Akpa, Avocats Sans Frontieres (ASF) France, Mr Ebhos is one of nine prisoners whose release order was approved to commemorate Nigeria???s 54th Independence Day celebration. According to the statement, Mr Ebhos came into the limelight in June 2013 when he narrowly escaped execution alongside the famous four inmates of Benin prison after their death sentence warrants were signed by the Edo State government. Thankgod, the 5th inmate, was actually taken to the gallows but was not hanged unlike the four who did not escape the hangman's noose. "In February this year the ECOWAS court ruled in Thankgod's favour by granting the injunction and ordering the federal government to remove his name from the death row list. The final judgment from the same court on the 10th of June, 2014, reiterated the order to take off Thankgod's name from death row. (source: Leadership Nigeria) ******************* Reprieve for Death Row Inmates in Kaduna In an unprecedented turn of events, reprieve has eventually come the way of Thankgod Ebhos and Sunday Eze Onyeabor, 2 death row inmates formerly in Benin prison, following the signing of their release order by the governor of Kaduna State, Ramalan Yero. The governor signed their release in exercise of his power of Prerogative of Mercy as outlined under Section 212 of the Nigerian Constitution. Ebhos is one of the nine prisoners whose release order was approved to commemorate Nigeria's 54th Independence Day celebration. Onyeabor was sentenced to death in 1994 and had been on death row for 20 years, while Ebhos was sentenced to death by a military tribunal in 1995 and has been on death row for 19 years. The duo, who have appeals pending at the Court of Appeal are beneficiaries of Avocats Sans Frontieres France's Saving Lives (SALI) project initiated in 2011, which has since recorded the release of 48 inmates from prison. Ebhos came into the limelight in June 2013 when he narrowly escaped execution alongside the famous 4 inmates of Benin prison after their death sentence warrants were signed by the Edo state government. Ebhos, the 5th inmate, was actually taken to the gallows but was not hanged unlike the 4 who did not escape the hangman's noose. The long winding road to Ebhos release, however, began with the intervention of the international human rights Organization, Avocats Sans Frontieres France (ASF France) on the platform of their death penalty project, Saving Lives (SALI). The pro bono team of SALI lawyers forestalled further threat of execution by immediately filing for an injunction at the ECOWAS community court of justice. In February this year the ECOWAS court ruled in Ebhos' favour by granting the injunction and ordering the federal government to remove his name from the death row list. The final judgment came from the same court on June 10, 2014, which reiterated the order to take off Ebhos' name from death row. The court at that time stressed that any attempt to execute Ebhos, while his appeal was still pending at the Court of Appeal, would be a gross violation of his right to appeal as contained in section 6(4) of the International Covenant on Civil and Political Rights (ICCPR). Ebhos' son, Ebhodaghe Solomon, who spoke to ASF France about the challenges he went through in the process of appealing for help with his father's case, expressed joy at the news of his release. "It has been a very long process,' he said. "Some lawyers and organizations that I took my father's case to promised to help and nothing came out of it even after they had collected money. ASF France handled my father's case like it was a family matter. The way someone would fight for their family, that is the way they took my father's case." Also Oneyeabor's niece, Arinze Georgina, who was appreciative of the governor's gesture, commended ASF France's effort in handling her uncle's case. Meanwhile, Avocats Sans Frontieres France has commended the governor of Kaduna State, Ramalan Yero for this gesture and urged the Katsina State government to consider following suit in the case of Maimuna Abdulmumini, who was sentenced to death as a minor. According to ASF France Head of Office, Angela Uwandu, "The death penalty is absolutist in nature, and should be totally expunged from our laws." "Thankgod's release today underscores the impact that the decision of the ECOWAS court could have on the status of death row inmates. If Thankgod Ebhos had been executed prior to the judgment of the ECOWAS court, his execution would have been irrevocable and the chance to experience this freedom would have been lost," she added. (source: The Guardian) IRAN----executions 13 executed in a day, 6 inmates die in a prison due to dire conditions The Iranian regime's henchmen hanged at least 13 prisoners on Sunday October 19, 2014 in Ghezel-Hessar Karaj Prison, Tabriz Central Prison and Rasht Central Prison. 18-year-old Fardin Jaafarian was hanged in Tabriz prison for allegedly committing a crime when he was 14. A group of 8 inmates hanged in Ghezel-Hessar prison while another group of 4 executed in Rasht prison. Meanwhile, at least 6 inmates lost their lives due to the excruciating conditions at a death camp and inhumane pressures by henchmen. The men arrested in city of Bandar Abbas as a part of mass arrests carried out in the city October 12-17 under the pretext of fighting against drugs. They were all imprisoned in Camp Jabal-Bor in Bissim area of the city, Also at least 5 death row prisoners in Urumyeh Central Prison have been transferred to solitary confinement since October 18 to await their execution. Meanwhile, Iranian regime officials continue to pledge to continue on violations of human rights in Iran. Commenting on the latest reports by international bodies on the violation of human rights in Iran, Sadegh Larijani, the head of the mullah's Judiciary, said on October 15: "The more they attack us on the issue of human rights, the more we become determined to carry out sentences," IRGC affiliated YJC website reported. (source: Secretariat of the National Council of Resistance of Iran) THE MALDIVES: High Court grants Humam a month to appoint lawyer in death penalty appeal The High Court has granted a man convicted of killing MP Dr Afrashim Ali one month to appoint a lawyer. Hussein Humam had requested the period at the first hearing of the appeal at the High Court this morning. The Criminal Court sentenced Human to death on January 16, finding him guilty of intentional murder, stating Humam had assaulted the ruling Progressive Party of the Maldives (PPM) MP with a sharp object and intentionally killed him. Dr Afrasheem was found brutally murdered in the stairwell of his apartment building on October 1, 2012. Humam gave contradictory statements in court regarding his involvement in the crime. Although he initially confessed to the crime, he later retracted his statement claiming the statement had been given under duress. He appealed the death sentence in May, just before the 90 day appeal period for lower court rulings was about to expire. Death penalty Shortly after the Criminal Court sentenced Humam to death, Minister of Home Affairs Umar Naseer announced plans to implement the death penalty ending an unofficial sixty year moratorium on the practice. Speaking on a show on state broadcaster TVM on Sunday night, Naseer said the incumbent government will not "shy away" from implementing the death penalty despite pressure from foreign countries and human rights organizations. "We are not one to shy away from implementing the death penalty by showing various excuses. Nothing will stop us from implementing the death penalty as planned," Naseer said. He said that while he respected the views of European countries which are calling on the government to continue with the moratorium on the death penalty, he believed that the decision lies solely with the Maldivian government. "While European countries are speaking against the death penalty based on their set of principles, the US, Indonesia, China are not, even though they are by far the more populated countries. Each country has a separate viewpoint on it, and I understand and respect that. However, I believe there is a need for the death penalty to be implemented here, and come what may, we will implement it". The decision to reintroduce implementation of the death penalty has given rise to public debate. While Islamic groups have said that capital punishment is a crucial aspect of the Islamic Shari'ah, Mauhadini Sanawi and Azhar University graduate Scholar Al Usthaz Abdul Mueed Hassan previously told Minivan News that Islam is a religion of forgiveness first, and called on the state to abolish the death penalty. "In taking qisaas, it is prescribed that it must be done in the manner that the crime was committed. Like the metaphor an eye for an eye. Taken in the exact same manner. How can this be done in cases of murder? How can the life of the murderer be taken in the same manner as that of the murdered? This is prescribed so as to discourage the taking of qisaas," Mueed said at the time. The government has previously announced that lethal injection is the state's preferred method of implementing capital punishment. (source: Minivan News) ZIMBABWE: High Court Rules Out Capital Punishment The High Court cannot impose the death penalty on murderers in Zimbabwe until the legislature enacts a law spelling out the circumstances under which one can be hanged, Justice Charles Hungwe has said. The landmark ruling spared Jonathan Mutsinze of the Jerusalem Church of Marondera the hangman's noose for killing a policeman and a security guard in the course of an armed robbery. Justice Hungwe said there was no law defining "aggravated circumstances," a condition for one to be hanged. In the absence of the Act, Justice Hungwe said, the courts cannot impose capital punishment. He said life imprisonment was appropriate in Mutsinze's case. Justice Hungwe ruled that the new Constitution under Section 48(2) stated that death penalty could only be imposed on a person who commits murder under "aggravated circumstances" but there was no Act defining the aggravated circumstances or setting out the conditions under which capital punishment can be imposed. Justice Hungwe said before the introduction of the new Constitution, the death penalty would be imposed after the court found no extenuating circumstances and the extenuating circumstances were well-defined. "Section 48 of the new Constitution brings in a new legal terrain, which recognises everyone's right to life including prisoners. "Section 48 (2) of the Constitution permits death penalty to be imposed on a person convicted of murder committed with aggravated circumstances and that the law must allow the court a discretion on whether or not to impose the penalty. "In my view what the Constitution has done is to unfetter the exercise of the discretion which was previously fettered under Section 337 of the Criminal Procedure and Evidence Act. "The omission of reference to extenuating circumstances and the introduction of aggravated circumstances, in my view, must be interpreted to mean that what is envisaged in an Act of Parliament, will define the term (aggravated circumstances) or set out conditions on which the court will impose death penalty," he said. "Alternatively, and in any event, the absence of the definition of the term or what constitutes aggravated circumstances, must mean that they were to be defined in the envisaged law." Justice Hungwe interpreted the situation to mean that Zimbabwe was moving away from the death penalty. "I interpret the legal position to be that in keeping with its international obligations and best practices, Zimbabwe intends to move away from death penalty," he said. Justice Hungwe's ruling confirms an argument by prominent Harare lawyer Advocate Thabani Mpofu in a separate case in which the National Prosecuting Authority was seeking an order barring the High Court from imposing the death penalty on Zimbabwean murder suspects extradited from countries that do not recognise death sentence. Countries like South Africa are holding on to murder suspects for fear they will be executed when extradited to Zimbabwe. When Adv Mpofu was asked to give his own analysis of the law as a friend of the court, he said while the old Constitution specifically made provisions for the death penalty, the new order left that decision to the legislature. Mutsinze, who had been in remand prison for 10 years awaiting sentence, was finally sentenced after the Constitutional Court dismissed his application for stay of prosecution. He was convicted of murder with actual intent, which usually attracts the death penalty, but the loophole saved him and he was slapped with a life sentence. (source: The Herald) From rhalperi at smu.edu Thu Oct 23 13:30:21 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 23 Oct 2014 13:30:21 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, DEL., N.C., FLA., OHIO, TENN., KY. Message-ID: Oct. 23 TEXAS: Death Watch: San Antonio Gun Brother----Appeals denied for Paredes and 2 others Ultimately, it mattered not whom Miguel Paredes killed but rather if his trial jury could determine that he assisted in or enforced the deaths of 2 of 3 individuals who lost their lives in September 2000. Paredes was only 18 at the time and affiliated with San Antonio's Hermanos de Pistoleros Latinos. His boss, John Saenz, had gotten mixed up in a bad drug deal with Adrian Torres, gang leader of SA's Mexican Mafia. Saenz brought Torres to his house one Sunday afternoon while Paredes and an accomplice, Greg Alvarado, were waiting respectively in the garage and an adjacent bedroom. Torres didn't leave alive; neither did Shawn Cain and Nelly Bravo, who rode with Torres to Saenz's house. Paredes and Alvarado came out of their respective hiding spaces after the Mafia members entered; with Saenz, they shot and killed all 3 visitors. Their bodies were found a few days later in Frio County, southwest of San Antonio, where they'd been bound and burned and left by Paredes and other Pistoleros. All involved parties were arrested 2 days later, Sept. 19, 2000, except for Alvarado, who was caught several days later. Testimonies from Saenz's neighbor as well as his brother Eric, a member of the Pistoleros who doubled as an informant for the San Antonio office of the U.S. Bureau of Alcohol, Tobacco, and Firearms, linked Paredes to the murders. Eric's testimony, which detailed both onsite realizations after the shootings, as well as information gleaned from a conversation he had with his brother, revealed Paredes to have said that Eric "should have been there, that I would have had some fun." He further testified against Paredes by saying the 18-year-old, known as "Fat Boy" within HPL circles, "didn't look like [the murders] fazed him," while John "looked like he was not in his right mind" during the period of time in which gang members rid Saenz's house of the bodies. Paredes was found guilty of capital murder and, after being painted as a young gang member with an already established history of crime violence (including murder, kidnapping, and the burning of a woman's body after she'd overdosed on drugs), sentenced to death on Nov. 9, 2001. His primary accomplices - Alvarado, who pleaded guilty, and Saenz, who claimed self-defense - were both handed life sentences. In November 2003, Paredes began a series of applications for habeas corpus relief that largely hung on 5 grounds. Beginning with a state effort and concluding with a federal appeal, he argued that he'd been made subject to a grand jury that, at 8% Hispanic, wasn't "a fair cross section" of the community (at the time, Bexar County was 34% Hispanic); that he received ineffective trial counsel; that the trial court erred in allowing the jury to conclude that Paredes killed or intended to kill any 2 of the 3 victims (and not specifically pin 2 exact murders on him); that the Texas capital sentencing statute is "arbitrary and capricious and violates the Eighth Amendment because it contains vague and undefined terms for aggravating factors"; and that the trial judge "uncritically and unconditionally accepted the prosecutor's findings without any judicial guidance." Each effort for relief was eventually denied. Some - such as Paredes' claims against proper representation on the jury and against the effectiveness of his trial counsel - were procedurally barred from review. An Aug. 2010 appeal to the 5th U.S. Circuit Court of Appeals was refused on many of the same grounds. 5 months later, in January 2011, the U.S. Supreme Court refused Paredes' writ of certiorari. Paredes is set to be executed on Tuesday, Oct. 28. He'll be the 11th inmate executed this year, and 519th since the reinstatement of Texas' death penalty in 1976. -------------------------------------------------------------------------------- Earlier this month in unrelated cases, the U.S. Supreme Court refused an appeal from 32-year-old Derrick Dewayne Charles, a Houston native who'd been sentenced to death in 2003 after being found guilty of strangling his 15-year-old girlfriend Myiesha Bennett, raping and strangling her 44-year-old mother Brenda Bennett, and fatally beating his girlfriend's 77-year-old grandfather Obie Lee Bennett. And last Tuesday, the 5th Circuit refused an appeal from Raphael Holiday, convicted of killing his 18-month-old daughter and her 2 half-sisters when he set their Madison County house on fire in September 2000. Neither of the 2 have yet to receive their execution dates. (source: Austin Chronicle) ****************************** Let an innocent man spend his last days at home Max Soffar, an innocent man on death row in Texas, has just a few months to live. He's dying of liver cancer, and his last wish is to hold his wife, Anita, in his arms. His lawyers continue to present evidence of his innocence to the courts. But a false confession Soffar signed 34 years ago, as a drug-addled and brain-damaged youth, will likely keep him locked away - unless Gov. Rick Perry intervenes. Soffar is spending his last days locked in a cell the size of a small bathroom for 23 hours per day. His only breaks are for brief showers and recreation in a cage. Aside from the guards who shackle him and the medical staff who care for him, he has no human contact. Soffar sees his wife and others allowed to visit him but, separated from them by glass, can't touch them. He sits on a metal stool bolted to the floor, peering through the window, straining to position his cancer-ravaged body comfortably. Soffar's case is like others I've seen in my years with the Innocence Project. He signed a police statement confessing to involvement in a notorious Houston triple murder, but the 3 days of interrogation weren't recorded. No other evidence inculpates him - no fingerprints, no witness identification and no forensic evidence. And like the recent exoneration of our death row client Damon Thibodeaux, Soffar???s confession doesn't match the facts. An appellate judge found that Soffar's statement "appears to be a tale told by one who heard about the robbery-murders rather than by one who committed them." Indeed, nearly 30 % of DNA exonerations (including death penalty cases) involve false confessions. Again and again, our clients have described an overwhelming pressure to confess, even when their statements are false, when police isolate them from the world for hours or days, tell them they're lying, cut them off at every turn and threaten devastating consequences if they don't concede. Proving that a confession in a death penalty case was false can be extremely difficult. For Soffar, whose case doesn't have DNA evidence to support his innocence, this has meant decades of legal work - efforts that still need more time. Time that he no longer has. For Soffar and so many others, I wish DNA evidence were as easy to come by as TV shows and movies suggest. In truth, fewer than 10 percent of crime scenes contain DNA that could identify the true perpetrator. The coffee cup, the cigarette butt - these are lucky breaks, not the norm. Take the recent exonerations of Henry McCollum and Leon Brown in North Carolina. Like Soffar, they were youths (ages 19 and 15) and intellectually disabled when they falsely confessed to murder and rape. Like Soffar, they were sent to death row based only on statements the police wrote and asked them to sign; no other evidence linked them to the crime. Like Soffar, their interrogations weren't recorded. And just like in Soffar's case, the jury never heard about a far more plausible suspect in the crime. For McCollum and Brown, there was a key difference: The crime's perpetrator left his DNA at the scene on a cigarette butt. The DNA revolution has freed many innocents. But the lesson we should learn is that the practices leading to wrongful convictions - including coercive and manipulative interrogations - occur throughout the criminal justice system. And they occur whether or not DNA evidence exists that proves innocence. One simple fix, already required in 24 states, 850 other jurisdictions and recently adopted by the FBI, is to videotape interrogations from Miranda warnings forward. This reform, recommended years ago by Texas' Timothy Cole Advisory Panel on Wrongful Convictions, should be at the top of the Texas Legislature's list when it convenes next year. But Soffar's only hope to die at home lies with the governor. The Texas Board of Pardons and Paroles recently denied Soffar's petition for clemency. Citing the absence of an execution date for him, the board said, "It has been determined that Mr. Soffar's request will not be considered by the Board at this time." But nothing in Texas law requires Perry to accept the board's absurd refusal to decide this issue now, before Soffar dies. The governor can and should order a more comprehensive review. Governor Perry, this isn't a question of politics, of being for or against capital punishment, or even of whether Max Soffar is guilty or innocent. It's a humanitarian appeal - an issue of mercy, compassion and human decency. Please allow Max to die in peace, close to his loved ones who have suffered greatly for so long. (source: Barry Scheck, tribtalk.org) DELAWARE: Accused murderer one step closer to Delaware trial----Mathew Burton could face death penalty in death of Nicole Bennett----Matthew Burton is 1 step closer to being extradited to Delaware to face trial for the 2012 death of Nicole Bennett. Burton has been fighting extradition in order to have his trial in Maryland, where he would not face the death penalty. Matthew Burton is 1 step closer to being extradited to Delaware to face 1st-degree murder charges in the 2012 death of Nicole Bennett. The Maryland Court of Special Appeals upheld a decision by the Circuit Court of Worcester County Sept. 30 to deny a writ of habeas corpus, filed by Burton to block his extradition to Delaware. While the writ was denied, Burton's extradition was stayed until the end of his Maryland appeals. David Paulson, spokesman for the Maryland Attorney General's Office, said Burton's appeals window is still open until the Court of Special Appeals issues a mandate on the case, expected within the next 30 days. Meanwhile, Delaware prosecutors await the end of Burton's appeals in Maryland, so he can be returned to Sussex County for trial. "Mr. Burton is 1 step closer to facing justice in Delaware," Delaware Department of Justice spokesman Jason Miller said. Maryland Gov. Martin O???Malley had signed Burton's extradition back to Delaware in Oct. 2013, according to court documents, but under Maryland law, Burton had the right of appeal to the Maryland Court of Special Appeals. Burton wants to keep the case in Maryland, according to the Court of Special Appeals opinion, because in Maryland, Burton would not face the death penalty; O'Malley signed a repeal of the state's death penalty in May 2013. In Delaware, Burton could receive the death penalty if convicted of 1st-degree murder. Maryland has withdrawn charges against Burton, who will be charged in Delaware with 1st-degree murder, 1st-degree murder during the commission of a felony and 1st-degree rape. Jurisdiction in the case became an issue because Bennett's body was found off a rural road in Worcester County, Md., but Delaware and Maryland State Police say the crime took place in Sussex County. A passer-by found Bennett's body on an embankment off of Swamp Road, Worcester County, on June 15, 2012. An autopsy by the Office of the Chief Medical Examiner in Baltimore determined she had been asphyxiated. Her husband, Kevin, reported her missing when she did not come home from Bay Shore Community Church in Gumboro, where she had worked late the evening of June 14, 2012. Burton worked as custodian at the church. The Bennett family has filed a wrongful death suit against the church for employing Burton, who had a history as a sex offender. Police found Bennett's car parked at the church, locked with her personal belongings inside; police later learned Burton, the church custodian, was also at the church while she was there. Bennett's body was found 6 miles from the church. DNA evidence gathered by Maryland State forensic technicians connected Burton to the crime. A U.S. Marshal's Task Force arrested Burton July 6, 2012, following a traffic stop on Route 1 near Rehoboth Beach. (source: CapeGazette.com) ******************** Delaware board nixes commutation for killer Delaware's Board of Pardons has refused to hear a commutation request from a killer whose sentencing led to changes in Delaware's death penalty law. James Llewellyn Jr. is 1 of 4 men convicted of robbing and murdering 2 armored car guards in December 1990. The defendants all received life sentences after jurors could not unanimously agree on the death penalty. The killings so outraged the public that legislators held a special session in 1991 to change the law, giving judges the final say on whether to impose the death penalty after considering a jury's recommendation. After reviewing a recent petition by Llewellyn, pardons board members agreed that they would not recommend commutation of Llewellyn's sentence, and that there was no reason to hear from him when they meet Thursday. (source: Associated Press) NORTH CAROLINA: NCCU program focuses on exoneration of brothers The exoneration of two half-brothers who falsely admitted to murdering an 11-year-old girl shows that confessions aren't always true, according to an attorney for one of the men. "The only evidence that linked these two young boys to the crime was their confessions, which later turned out to be false," attorney W. James Payne said Tuesday. "A key learning point is that just because individuals may confess to crimes doesn't mean that they actually did them." Payne spoke Tuesday at the N.C. Central University School of Law about the September exonerations of Henry McCollum and Leon Brown after they served 30 years in prison. Payne was Brown's lawyer. The men were freed after a presentation in Robeson County Superior Court by the North Carolina Innocence Inquiry Commission showed that DNA evidence linked another man to the 1983 crime. Payne said police got confessions from the men, who were mentally handicapped. At the time they were arrested, McCollum was 19 and Brown was 15. They were accused of a grisly slaying. An autopsy showed that the girl, Sabrina Buie, died from suffocation after a stick was used to push panties down her throat. She was raped and her nude body found in a field in the small Robeson County town of Red Springs. A story told by a high school student led police to McCollum and Brown, who were interrogated for more than four hours by three officers. Payne said there were "huge" inconsistencies in the stories they told police - "big, fat inconsistencies." But they signed confessions and were charged with murder and convicted. McCollum, now 50, ended up on death row before he walked out of Central Prison in Raleigh last month. Brown walked out of Maury Correctional Institution in Greene County the same day. Both men initially got death sentences, which were overturned. At a second trial, McCollum was sent to death row again, and Brown was convicted of rape and sentenced to life in prison. Superior Court Judge Douglas Sasser last month overturned the convictions, saying the fact that another man's DNA was found on a cigarette butt near the girl's body contradicted the case presented by prosecutors. A man who is in prison for committing a similar murder in Red Springs less than month after Sabrina was killed is being investigated for possible connection to the girl's death. But so far, he has not been charged. Also speaking at the program was Sharon Stellato, associate director of the North Carolina Innocence Inquiry Commission, a state agency that looks into claims of false convictions. The commission's work helped bring about the men's exoneration. Stellato said no DNA was ever found that linked McCollum or Brown to the crime. Since the commission began its work in 2007, it has helped exonerate seven people in North Carolina. "What many people don't know about the commission is that we often confirm guilt," she said. "We're a neutral fact-finding agency, out there seeking the truth." Tuesday's event was sponsored by the NCCU Law Innocence Project and the Death Penalty Project. (source: The Herald-Sun) FLORIDA----impending execution Gadsden County murderer files appeal weeks before execution Gadsden County man Chadwick Banks, who was convicted of the double murder in the 1992 slaying of his wife and stepchild, filed an appeal with the Florida Supreme Court Tuesday. Banks was scheduled to be executed by lethal injection Nov. 13. A letter submitted to the court by Banks' attorney Terri L. Backhus of Tampa appeals the denial of a Oct. 15 motion to vacate judgement. Banks, now 43, was on probation for 2 aggravated assault charges when he entered the Gadsden County home of his wife Cassandra Banks around 2:30 a.m. and shot her in the head while she slept. He then went into the bedroom of his 10-year-old stepdaughter Melody Cooper and raped her before also shooting her in the head. After pleading no contest to the crimes, Banks was found guilty of 2 counts of 1st-degree murder and one count of sexual assault on a victim under 12 years old by a Gadsden County jury in 1994. The jurors voted 9-3 to recommend the death penalty. His direct appeals have been denied by the Florida Supreme Court. Following the denial of his 1st appeal, the court called the double murders "heinous, atrocious and cruel" enough to warrant death. "In the early morning hours, Banks sat outside the trailer for several minutes before entering. He then shot his wife as she lay sleeping," said the court in 1997. He appealed again in 2001, but the high court again denied his request. If he is executed, Banks would be the 19th Florida death row inmate killed during Scott's 1st term in office, the most of any Florida governor. Banks would be the 89th prisoner executed since 1979 following reinstatement of the death penalty in Florida. (source: Tallahassee Democrat) ************************* Florida debate turns bitter over executions The 3rd and final debate between Florida Republican Gov. Rick Scott and Democratic challenger Charlie Crist was dominated by personal attacks in one of the closest governors races in the country. In the debate, hosted by CNN and affiliate WJXT in Jacksonville, the two candidates took aim at each other in a showdown that covered a wide range of topics, including economic policies, the death penalty, and voting rights for felons. Death penalty A heated moment came when Crist accused Scott of delaying an execution so that his attorney general could attend a political fundraiser. "She asked me to delay it because it didn't work on the dates that she thought it was going to be on," Scott said in response. "She apologized." In September 2013, Pam Bondi apologized for delaying the planned execution of Marshall Lee Gore, a notorious rapist and murderer, because it conflicted with a fundraiser. Scott denied at the time that he knew the reason for the delay. "Did you know it was for a political fundraiser?" Crist pressed. "What would you like her to do?" Scott asked. Crist went on to blast Scott for not answering questions. The night got off to a breezy start, this time with no fan on stage for Crist and no protest from Scott. "Everybody's comfortable here?" asked CNN's Jake Tapper, who co-moderated the debate with WJXT's Kent Justice. His question was a subtle reference to last week's seven minute standoff. The debate quickly transitioned into a testy exchange with personal attacks over wealth. Scott blamed Crist for the loss of more than 800,000 jobs while he was governor from 2007-2011, saying Crist is out of touch with average Florida voters because he grew up with wealth. "I grew up with families that struggled. I don't know my natural father. I lived in public housing. I have an adopted dad," Scott said. "I didn't grow up with money. You did. You grew up with plenty of money. Charlie, you lost more jobs than any state but one." Hammering back, Crist argued he was not responsible for the "economic meltdown" that occurred nationally during his tenure. He returned the attack against wealth, blasting Scott for being the one who's out of touch. "You don't know me and you can't tell my story," Crist said. "But I know you are worth about $100 million or $200 million today and God bless you for that wealth, but the way you got it was pretty unsavory." Scott, a former health care CEO, ran into controversy when his company, Columbia/HCA, was fined $1.7 billion for alleged Medicare fraud last decade. Restoring rights for felons Scott took a jab at Crist for bringing voting rights back to felons who had completed their sentences for nonviolent convictions. "Here is Charlie's plan: You commit a heinous crime, as soon as you get out of jail, you get to vote. Stalk, you get to vote. You have intentional permanent disfigurement of a child and you walk out of jail and you get to vote," Scott said. Crist fired back, accusing Scott of "lying" and saying the restoration law only applied to nonviolent criminals. (source: CNN) ************************ Rick Scott Refuses To Say If He Knowingly Delayed An Execution For A Political Fundraiser Gov. Rick Scott (R-FL) refused to say if he had knowingly granted a request to delay an execution so that Attorney General Pam Bondi (R) could hold a political fundraiser, repeatedly saying "she apologized" instead. During a debate Tuesday night, the moderator asked Democratic nominee Charlie Crist if he believed that Scott did not take executions seriously. Crist hit Scott on the delay, saying, "Just this past year, an execution here in Florida was delayed by the governor so the attorney general could go forward and have a political fundraiser...to me and my way of thinking, that doesn't sound like someone is taking that solemn duty as seriously as they should." Scott shot back, arguing that Crist "doesn't know all the facts." Crist, however, did not let it go, asking Scott repeatedly to explain what happened. "I asked him a simple question. Did the Attorney General ask you to delay the execution so she could go forward with her political fundraiser?" he asked. "She asked me to delay it because it didn't work on the dates that she thought it was going to be on," Scott said. When Crist continued to push, Scott repeated "she apologized" 4 times, asking Crist "What would you like her to do?" The execution in question was that of Marshall Lee Gore, who was sentenced for the murder of 2 women in the 1980s. Gore's execution, which was delayed several times due to questions about his sanity, was scheduled for September 10, the same day as Bondi's "hometown campaign kickoff." According to The Tampa Bay Times, Bondi's office asked for a delay, which Scott granted. Gore was executed on October 1st. The sheriff who investigated one of the killings called the decision to delay the execution "a slap in the face, not only for the law enforcement officers involved but for the families who have waited 25 long years." Gore's lawyer said that when he asked for why the execution was delayed, the governor's office would only say that it was a request by the attorney general. Bondi later apologized, saying, "We absolutely should not have requested that the date of the execution be moved." Since coming to office in 2011, Scott and Bondi have overseen over 18 executions; Crist oversaw 5 during his term as governor. Scott has been criticized of his support for the 2013 Timely Justice Act, which reduced delays in the death penalty by reducing the amount of time between when the clemency process was exhausted and when the execution was carried out. (source: thinkprogress.com) OHIO: Attorneys for accused serial killer Michael Madison seek special prosecutor for death-penalty case Defense attorneys for accused serial killer Michael Madison want a judge to throw Cuyahoga County Prosecutor Timothy McGinty's office off the case and appoint a special prosecutor. McGinty on Wednesday blasted the move, calling it a delay tactic. "This is why death-penalty cases take 15 to 20 years and cost millions of dollars: The defense will do anything to avoid trial, truth and accountability," McGinty said. "They believe they alone are doing God's work as they attempt to frustrate justice in these mass-murder cases." Madison's attorneys John Greene, Christine Julian and David Grant filed a document in Common Pleas Court this week that indicates the request to remove McGinty stems from a controversial psychiatric examination of Madison, who is charged in the slayings of three women in 2013. His trial is slated to begin Nov. 3 before Judge Nancy McDonnell, but that date is highly unlikely. If he is convicted, he could face the death penalty. The case has stalled because of the evaluation, as the Ohio 8th District Court of Appeals and the Ohio Supreme Court are examining whether it was appropriate. On June 2, McDonnell ruled that prosecutors could have an expert interview Madison. McGinty argued that Madison's attorneys had retained psychological experts, and prosecutors should be allowed to have their own expert. Defense attorneys, however, said they will not make an issue of Madison's mental health at the trial, and they said the examination could violate Madison's right against self-incrimination, as he would be forced to answer questions. Just days after McDonnell's decision, Madison's attorneys appealed to the Ohio 8th District Court of Appeals. But the expert, Dr. Steven Pitt, already had begun examining Madison, and he was forced to stop after 3 hours. In a hearing with attorneys in McDonnell's chambers, prosecutors said the notes and recordings of Pitt's evaluation had been placed "in a secure location where no one - including them or their staff - had access," according to the filing by Madison's lawyers. But defense attorneys said that they have since learned "that some members of the prosecution team, including Prosecutor McGinty, have communicated with Dr. Pitt concerning what he learned during the Madison evaluation," the defense filing said. "Accordingly, the information provided about the accessibility of Mr. Madison's evaluation at that in-chambers conference was not accurate. "In light of this development, Mr. Madison's defense team has serious concerns about the whereabouts and security of the data Dr. Pitt did obtain and his conclusions based thereon," the filing said. The document said that if an appellate ruling indicates McDonnell was incorrect in ordering the examination, "the harm stemming from that decision is incurable, unless this prosecutor's office is removed from Mr. Madison's case and replaced by a special prosecutor." Defense attorneys said McGinty has the "duty to prosecute crimes zealously. The public expects no less. What the public neither needs nor wants nor should expect is a prosecutor's office that oversteps its role and violates its obligation to do justice rather than seek victory - all at the expense of a defendant's right to a fair and reliable trial and sentencing." A spokesman for McGinty's office, Joe Frolik, said the office will respond to the motion with its own filing. McDonnell will have a hearing on the issue Oct. 27. Frolik said the office "refutes any idea that we have had access to the walled off information from Dr. Pitt." McGinty, in his statement, ripped the request. "Defense stalling tactics already have dragged this case out for 15 months," McGinty said. "Now they are shooting for nothing short of endless delay with yet another frivolous motion. They aren't even waiting for decisions on their previous motions, which they know will be dismissed soon. Instead they file this, using a false premise to ask for our office's removal from the case. "They purposefully avoided proper procedure that required them to have the court psychiatric clinic examine the defendant first. They don't want a neutral professional examination. Instead they want a hired-gun shrink who is biased by his or her own moral opposition to the death penalty and who will find mental illness where a neutral professional would not. Then they refuse to cooperate with the court or any other psychiatrist so the jury hears only their tainted report." Madison, 37, is charged with aggravated murder, kidnapping and rape. He is accused of killing Angela H. Deskins, 38; Shirellda Terry, 18; and Shetisha Sheeley, 28. Their bodies were found last July near his apartment off Hayden Avenue in East Cleveland. In an interview with police, Madison admitted that he killed Sheeley, who had been missing since September 2012, according to court documents. He told police that he did not remember killing Terry or Deskins, blaming his lack of memory on drinking and drugs. (source: Cleveland.com) TENNESSEE: Inmates in Tennessee sue state to uncover execution methods The 1st of 11 death-row inmates with scheduled execution dates in Tennessee did not meet the executioner as planned on Oct. 7. The Tennessee Supreme Court ruled Sept. 25 to postpone Billy Ray Irick's execution, as he and the other 10 death-row inmates with scheduled execution dates are in the middle of a complex lawsuit against the state. In granting Irick's motion to postpone his execution, the Tennessee Supreme Court laid out strict rules concerning time limits for appeals and motions going forward to expedite court proceedings in Davidson County Chancery Court. Irick had his execution postponed once in light of the pending lawsuit. He was convicted of raping and murdering a 7-year-old Knoxville girl he was babysitting in 1985. As of press time, the court had not yet set another date for Irick. The inmates scheduled for execution through 2016 are suing the state of Tennessee over a few fundamental questions: What are the identities of the execution team? What method will the state use to execute them? What drugs will be used? Who manufactures them? And have they been adequately tested? Attorneys for the inmates also challenge the state's alternative form of execution: the electric chair. The inmates and their lawyers are calling both methods "cruel and unusual." On Aug. 22, attorneys for the inmates changed the scope of the lawsuit because of the new Tennessee law signed by Gov. Bill Haslam that allows the state to use the electric chair as a backup if the necessary drugs for lethal injection are unavailable. On Sept. 17, Davidson County Chancellor Claudia Bonnyman accepted an amendment to the lawsuit including objections to the constitutionality of using the electric chair. Several pharmaceutical companies recently refused to sell their products, proven successful for use in executions in the past, if they were to be used in future executions. Because of those refusals, Tennessee switched from using sodium thiopental - a deadly combo of 3 drugs - to just using pentobarbital. Before the court postponed Irick???s execution, the Tennessee Department of Corrections (TDOC) said it had enough pentobarbital on hand to carry out the execution via lethal injection. "We are confident that we will have the necessary chemicals when needed," said Neysa Taylor, a spokesperson for TDOC. By ushering in the return of the electric chair, Haslam made Tennessee 1 of only 8 states that remain in favor of using the device. "Prior to the new law, an inmate was only subject to the electric chair in Tennessee if they chose to be," said Kelley Henry, federal public defender in Nashville. Lethal injection is the primary method of execution in the 32 states that still have capital punishment, but some states allow inmates the option of electrocution, hanging, firing squad or the gas chamber. Henry said that with the change Tennessee now "stands alone as the only jurisdiction in the world to involuntarily impose the electric chair on its condemned citizens." The lawsuit also comes as botched lethal injections across the country have at times left inmates conscious, even sometimes gasping for air for several minutes after the procedure has been performed. Daryl Holton, who was electrocuted in Tennessee in 2007 for murdering his 3 sons and a stepdaughter in 1997, showed signs of being conscious after the 1st surge of electricity went through his body. When Tennessee passed the law earlier this year to bring back the chair, Richard Dieter, executive director of the Death Penalty Information Center, said courts should anticipate some challenges as inmates got closer to their execution dates. "There certainly have been some gruesome electrocutions in the past, and that would weigh on courts' minds," Dieter said. The next hearing in the Davidson County Chancery Court remains to be decided, but officials said it would likely be mid-October before the next round of motions are heard. (source: realchangenews.org) KENTUCKY: Man accused of kidnapping, killing man could face death penalty----Elizabethtown murder suspect faces death penalty A man accused of kidnapping and killing a man in Munfordville could face the death penalty if convicted. Hardin County prosecutors plan to seek the death penalty for Octavio Correa. Correa is now charged with capital murder. Police said Correa and Tiffany Hodges kidnapped Saul Flores in July. Hodges is charged with complicity to murder. Investigators say Hodges told them she saw Correa shoot Flores in the head. Correa and Hodges are being held at the Hardin County Detention Center in lieu of a $1 million cash bond. Prosecutors did not say whether they would seek the death penalty against Hodges. (source: WHAS news) From rhalperi at smu.edu Thu Oct 23 13:31:44 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 23 Oct 2014 13:31:44 -0500 Subject: [Deathpenalty] death penalty news----KAN., COLO., CALIF., USA Message-ID: Oct. 23 KANSAS: Former DA Foulston: Brownback's Carr brothers ad 'beyond disgraceful' The former district attorney who prosecuted the Carr brothers murder case said Wednesday she thinks it's "reprehensible" for Gov. Sam Brownback to use the case as fodder in a re-election campaign ad. "This case has devastated our community for almost 14 years," former Sedgwick County District Attorney Nola Foulston said in a statement sent to Kansas news media. "It is beyond disgraceful that Sam Brownback would exploit this tragedy and make the victims' families relive that horrific crime every time they turn on their television just for the sake of getting re-elected." Foulston, who retired last year as district attorney, is the most recent Democrat to hold a countywide elected office in Sedgwick County. In a statement issued by his campaign staff, Brownback, a Republican, said he appreciated Foulston's service in prosecuting the Carr brothers, but he reiterated that he thinks his opponent, House Minority Leader Paul Davis, would appoint judges who are more liberal than those Brownback would select. At issue is a Brownback campaign ad that attempts to link Davis to a controversial decision by the Kansas Supreme Court to vacate the death sentences of Jonathan and Reginald Carr. The brothers were convicted of murdering 5 people, including a brutal execution-style quadruple murder, during a weeklong crime spree of killing, rape and robbery in Wichita in December 2000. "Brownback panders to the emotions of citizens to suggest that in some way Paul Davis caused or created the Kansas Supreme Court's ruling in the Carr cases," Foulston said. "I am very disappointed that the governor, who is also an attorney bound by the Rules of Professional Responsibility, has forgotten his legal obligations in a political last ditch effort to recklessly undercut the qualifications and integrity of the Kansas Supreme Court and Paul Davis." Davis, a lawyer, had no role in the original case or the appeal. In setting aside the Carrs' death sentences, the Supreme Court ruled that the trial judge, the late Sedgwick County District Court Judge Paul Clark, erred by refusing to hold separate sentencing proceedings for the 2 brothers. Their lawyers had argued that trying the brothers in the same penalty phase forced them to damage each others' defenses. The Supreme Court also found that jurors had not been properly instructed in the required standards of proof for a death sentence and that the Carrs' rights were violated by admission of hearsay evidence during the penalty phase. The state Supreme Court upheld their convictions on 1 count of capital murder and they remain in prison. Foulston, who is now in private practice, said she was disappointed in the state Supreme Court decision and noted it has already been appealed to the U.S. Supreme Court. "There will ultimately be justice for the victims and their families," she said. Brownback said during and after a debate Tuesday that he thinks it's justified to link Davis to the Supreme Court decision because Davis would appoint judges who are more liberal than those Brownback would pick. Davis also opposes Brownback-proposed legislation to expand the governor's power in appointing Supreme Court justices. "The Kansas Supreme Court is a very liberal court," Brownback said Tuesday. "Paul Davis wants to continue to appoint liberal judges to that court. I want to appoint judges who will interpret the law, not rewrite it as they choose to see it." Foulston said: "If Sam Brownback wants to have a debate about judicial selection or the death penalty, that is an appropriate discussion to have. But to try to exploit this (Carr) case and reopen the wounds and pain experienced by the families and this community for political gain is reprehensible." (source: kansas.com) COLORADO: Nun discusses death-row visits----Author talks to students about capital punishment Sister Helen Prejean, one of the nation's most ardent advocates against the death penalty, held the rapt attention of Animas High School students Wednesday with an interactive presentation. Prejean, in town to discuss her book, Dead Man Walking, the Common Reading Experience for incoming freshmen at Fort Lewis College, squeezed in an hour with AHS students in a seemingly perpetual-motion schedule. Prejean, 75, walked students through what can go wrong with all the delivery systems used in capital punishment in the United States - hanging, firing squad, electric chair and lethal injection. Students in Matt Dooley's humanities class who are spending the week addressing issues on capital punishment were able to answer some of the questions Prejean posed. Prejean, who has accompanied 6 inmates to their execution, then related her experience with Elmo Patrick Sonnier, the title character in Dead Man Walking. She established a pen pal relationship with Sonnier, who with brother, Eddie, executed David LeBlanc, 16, and Loretta Bourque, 18, with 3 shots each in the back of the head. She ended up as his spiritual advisor. Brother Eddie, who drew 2 life sentences, died in prison in January 2014. Prjean recounted the apprehension that gripped her as she heard gates clang behind her on her 1st visit to Sonnier on death row. But through the wire mesh screen in the holding pen where Sonnier sat, "his face was human," Prejean said. After writing the draft of Dead Man Walking, Prejean met the parents and family members of the young victims. Prejean used numbers to make some points. California has 744 people on death row. On average, Texas has double the number of murders compared with states that don't have the death penalty. Prejean urged her listeners to sort out their feelings on capital punishment. "I ask you," Prejean said, "how are we going to respond to society's need to make ourselves feel safe?" (source: Durango Herald) CALIFORNIA: Jury to weigh death penalty in 1983 Garden Grove killing More than 30 years after raping a woman and stabbing her to death in a desolate alley behind a Garden Grove bar, a convicted killer once again faces the possibility of returning to death row. Jurors will decide whether Richard Raymond Ramirez should spend the rest of his life in prison or be sentenced to death for the rape and murder of 22-year-old Kimberly Gonzalez in November 1983. Ramirez met Gonzalez at Mr. Barry's Bar on Westminster Avenue, played pool and danced with her, kissed her and then walked with her to an alley behind the business, where he attacked her and stabbed her more than 20 times. "As she fought for her life, that man raped her, stabbed her and killed her," Deputy District Attorney Larry Yellin told a jury Wednesday in the Santa Ana courthouse. "For that he deserves the ultimate penalty." Prints on a beer bottle found near her body led police to Ramirez, and DNA evidence processed years later tied him to the rape. Ramirez's attorney acknowledged that his client killed Gonzalez, warning the jury that facts that will arise during the ongoing trial will only worsen their view of Ramirez. The attorney asked the jurors to try to understand the trauma that shaped Ramirez's life in deciding whether to sentence him to death, however. "He has spent the last 31 years in prison, every single hour, every single day. We are not asking that he be anywhere else," Deputy Public Defender Mick Hill told the jury. "He deserves to spend the rest of his life in prison. He just doesn't deserve the death penalty." Ramirez grew up in a home dominated by his alcoholic and abusive father, a man left permanently damaged by his time in the Korean War, Hill said. His mother, who endured constant beatings and at times rapes during her relationship with Ramirez's father, ultimately escaped the relationship, only to leave her children to fend on their own as she tried to enjoy her newfound freedom, the attorney added. Hill acknowledged that Ramirez had been tried as a juvenile for the rape of another woman. The rape and killing of Gonzalez occurred shortly after Ramirez was released from the California Youth Authority. A jury in 1985 convicted Ramirez of rape, sodomy and murder, and he was sent to San Quentin. The conviction was overturned in 2008, however, when a federal judge determined that the jury foreman had lied about his job status, not telling the court that he was a candidate for a job with the FBI, a position he later attained. Prosecutors decided to re-try the case. Ramirez was convicted for a 2nd time in 2013. But a jury that same year deadlocked on whether he should receive the death penalty, leading the judge to declare a mistrial. (source: Orange County Register) ***************** 4th penalty phase underway in 1983 killing A prosecutor on Wednesday portrayed a convicted rapist and killer as a knife-wielding misogynist who deserves the death penalty. A defense lawyer countered during opening statements at the sentencing retrial of Richard Raymond Ramirez that his life should be spared due to a dysfunctional childhood with an alcoholic father. Ramirez was first convicted of the rape and murder of Gonzalez in March 1985. The current proceedings mark the fourth time a jury will try to decide his punishment in the attack on 22-year-old Kim Gonzalez in an alley behind a Garden Grove bar in 1983. City News Service said Senior Deputy District Attorney Larry Yellin told jurors in a Santa Ana courtroom that the 55-year-old Ramirez loathed women, having raped another victim in 1977. In November 1983, Ramirez danced, played pool and kissed Gonzalez at the bar before leaving with her. Hours later, her body and a beer bottle with Ramirez's fingerprints were found outside. "She's nearly naked, bloody and dead," Yellin told the jury. The 1st jury could not reach agreement on a verdict; a 2nd jury recommended he receive a death sentence. The case took an unusual turn 6 years ago when a federal judge overturned Ramirez's initial conviction after finding a juror had failed to disclose that he was applying to become an FBI agent. Last year, Ramirez was convicted again of the crimes, and this time, DNA linked him to Gonzalez. But again, jurors could not agree on what penalty he should face. Defense attorney Mick Hill said there was no excuse for the crimes his client committed but asked jurors to consider Ramirez's childhood with an alcoholic father who subjected him and his brother to "human cockfighting" with other neighborhood children. "He's spent the past 31 years in a jail cell," Hill said of his client. "We're not telling you he deserves to be anywhere else." (source: Associated Press) **************** Testimony: Mom planned murder of children with Cobb ties Disturbing new details emerged last week in a California court in the year-old case of a mother charged with killing her son and daughter just days after her ex-husband was granted full custody of the children in Cobb County. Marilyn Kay Edge was arrested in September 2013, and charged with 2 counts of murder after 13-year-old Jaelen and his 10-year-old sister, Faith, were found dead in a motel room in Santa Ana, Calif. Police allege that Edge poisoned, then suffocated and drowned the children, who were both found in the bathtub of the motel room. The Orange County Register reported this week that according to Orange County Grand Jury testimony made public last week, Edge methodically planned the murders as she drove her children from Cobb County to Arizona - where she had moved a year earlier after her ex-husband was granted visitation rights - and on to the California coast. "She wanted the children to have a nice day, a nice time," Santa Ana police Det. Eddie Nunez told the grand jury. "They liked the beach, so she took them to Huntington Beach. And then she was going to take them to dinner and then she was going to kill the children." According to the Register, a Cobb judge ordered Edge to turn the children over to their father 3 days before they were killed. Instead, she "left the courthouse in a car that she borrowed from her parents and drove toward Arizona," Orange County Deputy District Attorney Larry Yellin told the grand jury. "She decided that rather than do what the court had ordered, she was going to kill her children and herself." Yellin told the grand jury that on the way back to Arizona, Edge bought packets of over-the-counter sleeping pills at different stores, and shopped for more medicine in Arizona before traveling on to California. But Edge had a hard time getting the children to take the sleeping pills when the 3 got back to the Santa Ana Hampton Inn & Suites after a day at the beach and dinner. "She had crushed them up and put them in liquid," Yellin told the grand jury, according to the Register. "It was juice or soda or something like that, but it had made the taste unappealing and so the children were resistant to drinking it. "But ultimately, she was able to get enough of it in them to where they lost control of their abilities to fight what was coming." Yellin said Edge then decided to drown the children, and put them in a tub full of water. Nunez, the Santa Ana police detective, told the grand jury that Edge told him Jaelen stayed in the tub, but Faith got out and laid down on the couch, according to the Register. Nunez said Edge grabbed a pillow, "put it over Jaelen's face and held him under the water until he stopped kicking and he was dead." Edge then gave Faith more of the medicine, according to Nunez. "She tried to get her back in the bathtub, and what she did is she lied to her and told her there was a fire in the building and that they needed to go and get in the bathtub and get under the water for safety reasons," Nunez testified. "But that didn't work. She ends up getting the pillow that was in the bathtub and puts the pillow over Faith. When she was on the couch, she smothered her." As previously reported by The Atlanta Journal-Constitution, Edge then attempted to commit suicide, crashing her car into an electrical box outside a shopping center, and trying to choke herself with a belt or rope as rescuers worked to free her from the car. Edge is being held in the Orange County Jail without bond. The charges carry a maximum penalty of death, but prosecutors have not said if they will seek the death penalty. (source: Atlanta Jounral-Constitution) USA: Americans' Support for Death Penalty Stable 6 in 10 Americans favor the death penalty for convicted murderers, generally consistent with attitudes since 2008. Since 1937, support has been as low as 42% in 1966 and as high as 80% in 1994. Americans' support for the death penalty has varied over time, but apart from a single reading in 1966, the public has consistently favored it. Support ebbed from the 1960s to the mid-1970s, when the application of the death penalty was questioned and ultimately led to the Supreme Court's invalidating state death penalty laws. Subsequent to that, newly written laws passed constitutional muster and states began to use the death penalty again in the late 1970s, with support among Americans increasing to 70% or more in the mid-1980s to the late 1990s. The broader trend over the last 2 decades has been diminished support for the death penalty, including a 60% reading last year, the lowest since 1972. Over the last 2 decades, Democrats' support for the death penalty has dropped significantly, from 75% to 49%. Now, Democrats are divided on whether it should be administered to convicted murderers. Republicans' and independents' support is also lower now - down 9 and 18 % points, respectively - though both groups still solidly favor the death penalty. Americans Tilt in Favor of Death Penalty Over Life Imprisonment Gallup's long-standing question asks about basic support for the death penalty, but does not explicitly mention an alternative punishment for murderers. Gallup separately asks Americans to choose between the death penalty and "life imprisonment with absolutely no possibility of parole" as the better punishment for murder. Support for the death penalty has been significantly lower using this approach, but Americans still tilt in favor of it by 50% to 45%. These attitudes are similar to recent years, but show reduced support for the death penalty from the 1980s and 1990s. Democrats' opinions have also shifted markedly on the death penalty vs. life imprisonment question. 2 decades ago, Democrats preferred the death penalty by a wide margin, but they now prefer life imprisonment by nearly the same margin. Independents' and Republicans' views have changed less, although both show increases in support for life imprisonment. Implications The death penalty has always been controversial, and this year, the issue made headlines again amid a botched execution attempt in Oklahoma. Americans' support for the death penalty has stabilized at a lower level than was the case prior to 2008, and is well below the highs from the mid-1980s to mid-1990s. And in recent years the public has shown only a slight preference for the death penalty over life imprisonment as the better penalty for murder. These trends toward diminished support seem to be reflected in state death penalty laws, as 6 U.S. states have abolished the death penalty since 2007, and no new states have adopted it. Democrats are mostly responsible for this shift in attitudes, and thus it is not surprising that most of the states that have abolished the death penalty in recent years are Democratic leaning. The death penalty is another example of how Democrats' and Republicans' opinions on political matters have become increasingly divergent compared with recent decades, including their views of the job the president is doing and on issues such as global warming and labor unions. Survey Methods Results for this Gallup poll are based on 1,017 telephone interviews conducted Oct. 12-15, 2014 (for the favor/not in favor question), and 1,252 telephone interviews conducted Sept. 25-30, 2014 (for the death penalty vs. life imprisonment question). Each is based on a random sample of adults, aged 18 and older, living in all 50 U.S. states and the District of Columbia. For results based on the total sample of national adults, the margin of sampling error is ???4 percentage points at the 95% confidence level. Each sample of national adults includes a minimum quota of 50% cellphone respondents and 50% landline respondents, with additional minimum quotas by time zone within region. Landline and cellular telephone numbers are selected using random-digit-dial methods. (source: gallup.com) ********************** Death penalty urged for Blackwater guards 4 former Blackwater guards found guilty for their role in the 2007 massacre of at least 14 civilians in Baghdad's busy Nisur Square should be executed, relatives of victims say. Their convictions followed a 2-month trial that heard how they opened fire with sniper rifles, machine guns and grenade launchers in Baghdad's bustling Nisur Square as they escorted a diplomatic convoy. The shooting exacerbated Iraqi resentment toward Americans and exemplified the impunity enjoyed by private security firms on the US payroll in Iraq. "They should be executed in the same place in Nisur Square where they committed the crime," Hussein Ali Abbas, the brother of one of the victims said on Thursday. His brother Saadi was on the way to visit a friend when the shooting occurred, and tried to flee but was gunned down anyway, Abbas said. "The conviction is not enough," he said. "Justice was not achieved." Khaled Walid, whose father was among those killed, agreed: "Everyone said they should be sentenced to death." "I demand the harshest sentence," said Saddam Jawad, whose mother was killed. "If there is the death penalty in America, we demand the death penalty." But the death penalty is not on the table for any of them. 1 guard, Nicholas Slatten, was convicted of 1st-degree murder, which carries a potential life sentence. The others were found guilty of voluntary manslaughter and will be jailed for at least 15 years for each killing. Before the incident, Slatten allegedly told acquaintances he wanted to "kill as many Iraqis as he could as payback for 9/11," court documents showed. Iraqi officials say 17 civilians were killed, while US investigators recorded 14 deaths. A further 18 Iraqis were wounded. In the aftermath of the killings, Blackwater was forced to cease operating in the country. But a US diplomatic cable released by whistleblower website WikiLeaks said hundreds of former Blackwater guards kept working in Iraq for other companies. (source: Agence France-Presse) ***************************** Statement of Richard Dieter, Executive Director of the Death Penalty Information Center, on Today's Gallup Poll "Within the margin of error, the Gallup Poll continues to register historic lows in support for the death penalty. Support has dropped over 15 % points since its high of 80% in 1994. This overall decline in public support is also reflected in the decrease in executions, death sentences, and the number of states carrying out the death penalty. The recent exonerations from death row and the botched executions earlier this year have likely contributed to the public's growing dissatisfaction with a flawed system. Other recent polls have indicated that when given a choice between a sentence of life without parole and the death penalty, the life sentence is the public's first choice. (source: Death Penalty Information Ceneter) ***************** Better reason to oppose death penalty I found the Oct. 21 Commentary piece by Meg Penrose ("Implementing the death penalty has become too costly") very disturbing because she suggested that execution should be decided on economic grounds. I believe the death penalty must be eliminated entirely. No, I do not feel compassion for some of the most despicable humans who commit the most heinous crimes. Such people should be incarcerated for their rest of their lives. The real problem with the death penalty is that a jury might be wrong. If a jury became infallible, I'd have no problem with the death penalty. Harvey Waxman North Kingstown (source: Letter to the Editor, Providence Journal) From rhalperi at smu.edu Thu Oct 23 13:32:37 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 23 Oct 2014 13:32:37 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 23 GLOBAL: Pope Francis calls for abolition of death penalty Today, the Holy Father received delegates from the International Association of Penal Law (AIDP), addressing them with a speech focusing on the issues in their subject area that have recourse to the Church in her mission of evangelization and the promotion of the human person. The Pope began by recalling the need for legal and political methods that are not characterized by the mythological "scapegoat" logic, that is, of an individual unjustly accused of the misfortunes that befall a community and then chosen to be sacrificed. It is also necessary to refute the belief that legal sanctions carry benefit, which requires the implementation of inclusive economic and social policies. He reiterated the primacy of the life and dignity of the human person, reaffirming the absolute condemnation of the death penalty, the use of which is rejected by Christians. In this context he also talked about the so-called extrajudicial executions, that is, the deliberated killing of individuals by some states or their agents that are presented as the unintended consequence of the reasonable, necessary, and proportionate use of force to implement the law. He emphasized that the death penalty is used in totalitarian regimes as "an instrument of suppression of political dissent or of persecution of religious or cultural minorities". He then spoke of the conditions of prisoners, including prisoners who have not been convicted and those convicted without a trial, stating that pretrial detention, when used improperly, is another modern form of unlawful punishment that is hidden behind legality. He also referred to the deplorable prison condition in much of the world, sometimes due to lack of infrastructure while other instances are the result of "the arbitrary exercise of ruthless power over detainees". Pope Francis also spoke about torture and other inhuman and degrading treatment, stating that, in the world today, torture is used not only as a means to achieve a particular purpose, such as a confession or an accusation - practices that are characteristic of a doctrine of national security - but also adds to the evil of detention. Criminal code itself bears responsibility for having allowed, in certain cases, the legitimacy of torture under certain conditions, opening the way for further abuse. The Pope did not forget the application of criminal sanctions against children and the elderly, condemning its use in both cases. He also recalled some forms of crime that seriously damage the dignity of the human person as well as the common good, including human trafficking, slavery - recognized as a crime against humanity as well as a war crime in both international law and under many nations' laws - the abject poverty in which more than a billion people live, and corruption. "The scandalous accumulation of global wealth is possible because of the connivance of those with strong powers who are responsible for public affairs. Corruption is a process of death ... more evil than sin. An evil that, instead of being forgiven, must be cured." "Caution in the application of penal codes," he concluded, "must be the overarching principle of legal systems ... and respect for human dignity must not only act to limit the arbitrariness and excesses of government agents but as the guiding criterion for prosecuting and punishing behaviors that represent the most serious attacks on the dignity and integrity of the human person." (source: patheos.com) ZAMBIA: Kabwe man sentenced to death for killing wife A 40-year-old man of Kabwe has been sentenced to death by hanging by the Kabwe High Court after it convicted him of killing his wife. This was in a matter in which Vincent Macheleta was charged with the murder of Lidia Nkoshi. Kabwe High Court judge Elita Mwikisa convicted and imposed the death penalty on Macheleta on Tuesday, this week. "Having found you guilty of this charge, I sentence you to death by hanging," Ms Justice Mwikisa said. The convict, on unknown dates but between February 17 and 18, last year, in Kabwe, is alleged to have murdered his wife, Nkonshi. In delivering judgment, Ms Justice Mwikisa told Macheleta that the court had found him guilty as charged. During trial, the court heard that Macheleta and Nkonshi had gone drinking at a local pub in Katondo township on the material day. Ireen Mwape, 29, sister of the deceased, testified that she found the couple enjoying themselves at the named pub. Mwape told the court that Macheleta indicated to her that his wife was behaving strangely and that he would kill her (jokingly). Mwape said she was surprised to be informed the following day that her sister was dead. She told the court that the body of the deceased was found 5 metres from her matrimonial home. And arresting office Evans Mushanga, 25, from Chowa police station testified that he received a report from William Mubanga, 33. (source: The Daily Mail) SAUDI ARABIA: Saudi convicts 27 for plotting attack on US forces A court in Saudi Arabia sentenced 27 people to prison for planning a series of attacks against U.S. forces in Qatar and Kuwait, with more than half of the defendants charged on Wednesday with also trying to join forces with a group in Syria to smuggle fighters to Iraq, official media reports said. The same court also sentenced on Tuesday 2 Saudi citizens to death and a 3rd to 12 years in prison for taking part in violent protests in the eastern town of al-Awamiya, a Shiite stronghold where protests erupted in 2011 demanding greater rights from the Sunni-led monarchy. The verdicts were announced by the official Saudi Press Agency. The state media reports did not say when the al-Qaida-linked attacks were planned, and did not name the Syrian group with which 14 of the defendants allegedly tried to form an alliance. The al-Qaida-linked members on trial included 25 Saudis, a Qatari and an Afghan national. They were given varying sentences of between 6 months to 30 years in prison. The state news agency said the group planned to attack U.S. troops in Qatar with grenades, rockets and mortar fire. The U.S. conducts missions over Iraq from al-Udeid air base in Qatar. It also has bases in Kuwait. The cell is comprised of 41 members, 38 of which are Saudi nationals. The remaining 3 are from Qatar, Afghanistan and Yemen. Verdicts for 13 people were handed down late Tuesday and another 14 were sentenced on Wednesday. The Specialized Criminal Court in Riyadh, created to try terrorism cases, found members of the group guilty of planning to send someone to Iraq for training on how to make car bombs to target foreign troops in Qatar and Kuwait. They were also found guilty of planning to carry out directives from al-Qaida's branch in Iraq. One of the group's alleged leaders, a Qatari national, received a 30-year prison sentence. Another alleged cell leader, a Saudi national, was sentenced to 25 years in prison, the SPA reported. The Afghani was sentenced to 3 years in prison and ordered deported upon his release on charges he helped raise money for fighters in his home country. In the case of the 3 Shiite Saudi nationals, the Specialized Criminal Court said the men were guilty of chanting hostile slogans to destabilize the country, using violence during protests and helping provide cover for someone opening firing at police. Protests briefly broke out in al-Awamiya in the Eastern Province last week after revered Saudi Shiite cleric Sheik Nimr al-Nimr was sentenced to death for a number of charges that largely related to his support for anti-government protests. Human rights activists in Saudi Arabia have long complained that the courts often give protesters harsher sentences than those handed down to extremist fighters. (source: zamanalwsl.net) BANGLADESH: Ghulam Azam's appeals case deferred The Supreme Court yesterday fixed December 2 to begin hearing of 2 appeals filed by convicted war criminal Ghulam Azam, and the government challenging the tribunal verdict upon a defence plea. Arguing on behalf of the Jamaat guru, Khandaker Mahbub Hossain said there was no hurry to begin the case since the convict had been ill and the court had many important pending cases to deal with. "If the court starts hearing in this case, it will take a long time. There is no need to start the hearing so quickly," said Mahbub, also an adviser to the BNP chairperson. "Ghulam Azam is 92 years old and got 90 years' imprisonment. He is now dying at the CCU of Bangabandhu Sheikh Mujib Medical University (BSMMU)," he added. On the other hand, Attorney General Mahbubey Alam said: "If the hearing is deferred, the other appeals cases will also be delayed." Suffering from diabetes and lung complications, the former Jamaat chief has been treated at BSMMU's cardiac ICU since October 9. The same bench has so far disposed off appeals cases of Kamaruzzaman, Delawar Hossain Sayedee and Abdul Quader Molla. Of these, the case against death row convict Kamaruzzaman, a senior Jamaat leader, is awaiting verdict. Ghulam Azam was sentenced to 90 years' jail term on July 15 last year by the International Crimes Tribunal 1 on charges of committing crimes against humanity during the 1971 Liberation War. On August 5, the Jamaat supremo filed an appeal against the verdict seeking acquittal while the government challenged the verdict on August 12 pleading for death penalty and a ban on the anti-liberation political party, Jamaat-e-Islami. After the hearing, the attorney general told reporters: "Though Ghulam Azam's counsel filed the appeal first, the government will begin their hearing first. "During the hearing, we will place arguments to award him capital punishment." (source: Dhaka Tribune) EGYPT: Egypt court gives death penalty to 7 jihadis An Egyptian military court has sentenced to death 7 members of the Islamist militant group Ansar Beit Al-Maqdis and 2 to life in prison on charges of planning and executing attacks on the military, media reported. The attacks, known as the Arab Sharkas case, led to the death of 2 military officers. The condemned were charged with planning terrorist operations, shooting at security forces and attacking military facilities. The ruling has been approved by Egypt's grand mufti, a necessary procedure in Egyptian law. This is the 1st trial against the Sinai-based jihadi group, which claims to support the Islamic State (IS), the Sunni radical group operating in Syria and Iraq, Xinhua reported citing state-run media Ahram Online. Terrorist attacks have been on the rise since the ousting of former Islamist president Mohamed Morsi by the army last July, and the massive security crackdown on his supporters left about 1,000 dead while thousands were arrested. The attacks targeted security men and their premises in the restive Sinai Peninsula and then extended to hit the capital and provinces across the country. A recent official report said the toll from such attacks has reached nearly 500, most of whom were soldiers and policemen. The Al Qaeda-inspired Ansar Bayt al-Maqdis group has claimed responsibility for most of the attacks. (source: IANS) PAKISTAN: Death sentence commuted A Lahore High Court division bench on Wednesday converted the death penalty handed down to 2 convicts in Maulana Azam Tariq murder-attempt case into life imprisonment. Ghulam Raza Naqvi and Zaheer Ahmad filed an appeal against their conviction, saying the trial court handed down the death penalty ignoring many grave facts of the case. They said the trial court relied on the witnesses of the prosecution only and there was no independent witness against them. The appellants asked the court to set aside their conviction and order their acquittal. An anti-terrorism court of Sargodha had awarded death sentence to the convicts on 2 counts - under Section 302 of the PPC and Section 7 of the ATA. The bench set aside the death penalty handed down to the convicts under ATA and converted the other one given under PPC into life term. The prosecution accused the convicts of carrying out an attack on the convoy of Maulana Azam Tariq in 1994. 2 guards of the Maulana were killed in the attack. (source: Dawn) ********************** Asia Bibi's Husband Expresses Distress Over Death Sentence Asia Bibi has been on death row for several years, and after the Lahore High Court (LHC) rejected her last appeal, Bibi's husband has become distraught over the sentence. "This appeal was [a] ray of hope but the rejection of the appeal has shattered my confidence in the Pakistani legal system," Bibi's husband Ashiq Masih said to the British Pakistani Christian Association according to Christian Today. Shamim Masih of the British Pakistani Christian Association said that Ashiq was "weeping bitterly" over the result of his wife's death sentence. "I have not told my children about the court decision. How can I? I am too scared of their reaction - they are already very depressed. We all were expecting her to come home and now this happens," Ashiq said. Bibi, a Christian mother of five, was sentenced in 2010 under Pakistan's blasphemy laws. Her lawyers have 30 days to file an appeal to Pakistan's Supreme Court in Islamabad. This is a long process that could take additional years of waiting, which could pose a problem as Bibi's health conditions worsen. "How can I tell my children their mother is not free? This will kill them," Ashiq said. In Muslim-majority Pakistan, blasphemy laws are upheld in the strictest form, and these charges can lead to the death penalty. Many reports have claimed these laws are sometimes used to settle personal scores. Belder believes that the Lahore High Court rejected Bibi's appeal under pressure by Islamists in the region. Bibi's case drew international attention when 2 politicians who defended her - Punjab governor Salman Taseer and minorities minister Shahbaz Bhatt - were assassinated in 2011 after they spoke out for reforms on the blasphemy laws in the country. Other Christian leaders in Iran have spoken out against the ruling. Bishop Rufin Anthony called for a "Day of Prayer" for Bibi as the court's decision was "heart breaking," according to BosNewsLife. In addition, Bishop Thomas Dabre of neighboring India called Bibi's death sentence "an affront to the dignity of us all." Samira Shackle wrote in the Guardian that change will not come to the blasphemy laws because extremist groups have power in Pakistan due to the majority of the public sharing their ideologies. "The targeting of anyone who speaks out about blasphemy laws has had a chilling effect, and even outspoken liberal voices are reluctant to make the case for reform publicly," she said. "While this self-censorship is entirely understandable in a country where the authorities provide little protection, it gives extremist ideas the space to flourish and grow. Without people in the halls of power willing to stand up and call for change, there is little hope for Bibi." 2 European Parliament legislators, Peter van Dalen and Bas Belder, have said that they plan to make an official appeal to Parliament on this case, according to BosNewsLife. They also plan on requesting the European parliament's president, the European Union's foreign policy chief, the European Commission president, and the Pope to act now to free Bibi. "I am saddened and condemn this cowardly decision by Pakistani judges," Van Dalen said. "It's terrible that they did not find courage to acquit this young wife and mother of five children. Asia Bibi is innocent. She is already spending 5 years on death row, and must be freed now." Bibi was 1st arrested in 2009 she got into an argument with Muslim women regarding sharing the same drinking water. This resulted in the Muslim women filing blasphemy charges against her for insulting the prophet Mohammed. If the death sentence remains upheld, Bibi will be the 1st woman in history to be legally executed under Pakistan's blasphemy laws. (source: Christian Daily) BRITAIN: David Cameron pledge over death penalty Leith man The Prime Minister has pledged his support to resolve the "appalling" case of an elderly Edinburgh man who faces the death penalty for blasphemy in Pakistan - but has come under fire for getting details wrong. Mohammed Asghar, who suffers from severe paranoid schizophrenia, was sentenced to death in January after penning a series of letters where he claimed to be the Prophet Mohammed. The 70-year-old grandfather - a former grocer from Leith - is currently in hospital in Rawalpindi after he was shot by a policeman in Adiyala Jail last month. His devastated family have called on the British Government to intervene as they believe Mr Asghar, who was sectioned briefly in Edinburgh in 2010, is not receiving the specialist care he needs behind bars. Speaking during Prime Ministers Questions yesterday, David Cameron said he had raised the case personally at the highest levels in Pakistan. In response to a question by Edinburgh East MP Sheila Gilmore, Mr Cameron said: "It's appalling the way this man has been treated and it is particularly appalling that he was actually shot while in prison, supposedly being protected by the Pakistani authorities. "We have raised this case and I have raised this case personally with the leaders of Pakistan. "We obviously are looking at the case for a prisoner transfer, but they had to be suspended in recent years because Pakistan released prisoners that we returned to them - so there is a problem there. But we take this case very, very seriously and we are raising it at every level in Pakistan." But lawyer Aamer Anwer, who represents Mr Asghar's family, told reporters afterwards that such transfers had not been suspended and could be used to return Mr Asghar to Scotland. He said: "The Asghar family are deeply alarmed that the PM has got it so completely and utterly wrong on the question of the prisoner transfer agreement." Mr Anwer said he had been advised by Scottish Justice Secretary Kenny MacAskill and First Minister Alex Salmond that a prisoner transfer agreement was an option for his client. He said: "Scotland of course has its own legal jurisdiction and the Scottish Prison Authority would deal with any prisoner transfer rather than England. "The Foreign and Commonwealth Office confirmed this afternoon to the Scottish Government following a request from myself for clarification that the PTA is not suspended," Mr Anwer added. Mr Asghar's daughter, Jasmine Rana, 40, presented a petition to the Prime Minister last week which was signed by 70,000 people including comedian Frankie Boyle and actor David Morrissey. The family have also met with Mr Salmond who called for Mr Asghar to be transferred to a Scottish prison. (source: Edinburgh News) *********************** Britain urged to suspend aid to Pakistan as hangings loom----Campaigners call for British aid to Pakistan to be halted as Pakistan prepares to hang 1st prisoner in 6 years Britain is under pressure to suspend aid to Pakistan as the country prepares to resume executions. Shoaib Sarwar, a convicted murderer, is scheduled to be hanged on Monday, ending a 6-year moratorium on the death penalty and opening the door to the executions of thousands more on death row. Britain will this year spend 446 million pounds in Pakistan, making it the largest recipient of overseas aid in the world. It includes millions of pounds to support anti-drug trafficking operations by the Anti-Narcotics Force (ANF), under a United Nations scheme to halt the flow of drugs from Afghanistan. British aid has provided extensive training, as well as bullet-proof vests, night vision goggles, vehicles, body scanners and paid for the maintenance of helicopters. Drug possession is a capital offence, and 111 drug offenders are on Pakistan's death row, including British nationals who were convicted in trials which critics argue fell short of international standards. Reprieve, the charity that campaigns against the death penalty, said Britain risks being "complicit in a gross human rights abuse" if drug mules caught by a force trained and equipped by Britain are executed. The ANF prides itself on securing a conviction rate of more than 92 %. Its annual report notes the organisation's "thirst" for guilty sentences, adding: "Fear of having 92 % chances of being convicted would surely forbid a sane man from falling prey into the hands of drug traffickers". There are widespread allegations of police corruption and fabricated evidence in trials. British aid in Pakistan is frequently judged on its success in increasing the number of arrests and successful prosecutions. Britain and Denmark suspended funding for a similar UN anti-drugs programme in Iran because the Tehran regime was using the death penalty for drug offences. Sarwar, 1 of 8,000 people on death row, was due to be hanged on September 18. The execution was postponed twice until Monday. Maya Foa, the director of Reprieve's death penalty team, said continued British aid for the program must be made conditional on Pakistan abolishing the death penalty for drug offences. "The people whose death sentences British aid has supported are hardly the barons or kingpins of the international drug trade; rather, they are innocent scapegoats or vulnerable mules, often targeted by notoriously corrupt police forces eager to meet quotas," she said. "British aid for executions breaches the Government's own human rights rules and makes a mockery of its commitment to fight capital punishment abroad." A spokesman for the Department for International Development said: "Our aid relationship with any government is based on an assessment of commitment to our partnership principles, including to human rights." A Foreign Office spokesman added: "We are concerned by any suggestion that executions might resume in Pakistan. The UK opposes the death penalty in all circumstances and continues to urge the Government of Pakistan to abolish the death penalty, and as a minimum to maintain its de facto moratorium on executions." The Coalition has committed to spending 0.7 % of GDP on overseas aid. MPs on the International Development Select Committee have called for aid to Pakistan to be cut, arguing that it is a middle income country whose leaders failed to collect and pay taxes. (source: The Telegraph) INDONESIA: Australian's wife could face death penalty----Accused of arranging the murder of her Australian husband, Indonesian woman Noor Ellis could face the death penalty in Bali. A woman accused of arranging the murder of her Australian businessman husband in Bali could face charges carrying the death penalty. The development in the case comes as the couple's Perth-based sons arrive in Bali to mourn their father, Robert Ellis, 60. Mr Ellis was found dead in a watery ditch alongside a lonely rice field on Tuesday. He was set upon in his own Bali kitchen by 5 killers who slashed his throat "like killing a pig", police say. His wife of around 20 years, Indonesian Julaikah Noor Aini, known as Noor Ellis, is accused of ordering the crime while furious over money and infidelity. Police will allege she paid Arli, the boyfriend of her maid known as "F", $14,000 to kill Mr Ellis, most of it to be paid after the crime. Police spokesman Hery Wiyanto says the wife, Arli, "F" and a 2nd maid known as "Y" will be charged. F is accused of "lifting and dumping" Mr Ellis' body, while Y apparently cleaned up the bloody kitchen. Mr Hery said 2 charges were being weighed - murder, carrying up to 15 years jail, and premeditated murder - which carries a maximum penalty of death. 4 others were still wanted for assisting Arli, he said. "Some have fled out of Bali and some are still hiding in Bali," he said. "We urge them to surrender. Wherever they are, we will hunt them down." The couple's sons Jon and Peter Ellis, both Perth-based students, arrived in Bali on Thursday. They released a statement on Wednesday saying their father was a huge influence in their lives. They were "completely devastated" by his death, they said. Police say the roles each of the accused played in the crime are still being established, with another re-enactment to be staged for investigators on Friday. (source: AAP) IRAN----execution Prisoner hanged after 6 years on death row The authorities in a prison in a northern city of Iran hanged a young man after he had been on death row for 6 years. The 35-year-old prisoner was executed on Wednesday (October 22, 2014) in a prison in Amol - a city in the northern Mazandaran province. The head of the regime's judiciary identified the prisoner by his initials - H.S., reported state-run Fars news agency. Meanwhile, on the same day 10 other inmates have been transferred to isolation to await their execution in 3 prisons across the country. 3 prisoners were transferred to solitary confinement in a prison in the southern city of Kerman. In Adel-Abad prison in the southern city of Shiraz 6 inmates who have been sentenced to death were transferred to isolation to be executed in coming days. 3 of the inmates had been arrested on drug related charges. A truck driver who had been sentenced to death for drugs being found on his truck without his knowledge has been transferred to await his execution in city of Zahadan, southeastern Iran. In Iran, under the rule of mullahs and under Hassan Rouhani, the death penalty is being widely used. Since August 2013 when Hassan Rouhani took office as a 'moderate' president, over 1000 - mostly officially announced - executions have been carried out in Iran. At least 27 women and more than a dozen prisoners who were juveniles at the time of their arrest, together with 20 political prisoners, are amongst those hanged, many publicly. (source: NCR-Iran) KURDISTAN: 300 People in Kurdistan Region Waiting Execution The number of people in Kurdistan Region who are waiting to be executed increases with each passing day, even though the capital punishment has not been implemented in the region for almost 15 years. However, some experts believe that death penalty is necessary to be implemented in Kurdistan Region, due to the current situation since Kurdistan is in fight with the Islamic State (IS) militants. According to information obtained by BasNews that currently in all Kurdistan region prisons, about 300 people are waiting to be executed, even though the sentence has not implemented in Kurdistan region in the last decade. A source from one of the Kurdistan Region prisons who spoke on condition of anonymity said that the cost of each of these prisoners who's their fate have been decided by the court is waiting execution almost US $8 per day, on the Kurdistan government. The head of Law Committee in Kurdistan Parliament, Valla Farid told BasNews that the implementation of death penalty has been stopped in the Kurdistan Region. There is no draft law in the parliament to review the case of those people that have been decided by court to be executed. She believes that there should be more clarity on capital punishment law and there must be a decision made on weather the death penalty to be implemented or stopped permanently. Member of the Law Committee in Kurdistan Parliament Goran Azad told BasNews and stated, "The final decision must be made on death penalty, either to carry out the punishment or cancel it because it has caused many problems that these people who are sentenced to death and they are counted as died people while they are still alive." "A number of Kurdistan judges came to Parliament and talked about this issue. They stated that there are some criminals that should be executed because of the extent of their crimes," added Azad. He also mentioned that there is some crimes in Kurdistan Region that is way worse than the crimes of Islamic State (IS) militants. "Therefore, we can't say that this law is only for terror crimes not other ones. Kurdistan Parliament and other governmental establishments must seriously discuss this issue law, and they have to make a decision and decide that is should be implemented or removed completely," explained Azad. Social Expert, Salih Rahman told BasNews that, "It is better to have a serious discussion about this law as well as holding a session in the parliament about it because the destiny of those people is between death and life, and I am sure that they will prefer death instead of that." Rahman noted that perhaps this punishment has its importance now in time of war in order to protect the life of other people in general. (source: Bas News) From rhalperi at smu.edu Thu Oct 23 14:58:52 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 23 Oct 2014 14:58:52 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 23 GLOBAL: Pope: no to death penalty and to inhuman prison conditions Pope Francis on Thursday called on all men and women of good will to fight for the abolishment of the death penalty in "all of its forms" and for the improvement of prison conditions. The Pope was addressing a group of members of the International Association of Criminal Law whom he received in the Vatican. In his discourse the Pope also addressed the need to combat the phenomena of human trafficking and of corruption. And he stressed that the fact that the enforcement of legal penalties must always respect human dignity. In a dense and impassioned discourse to the Jurists assembled in the Vatican for a private audience, Pope Francis said that the "life sentence" is really a "concealed death sentence", and that is why - he explained - he had it annulled in the Vatican Penal Code. Many of the off-the-cuff comments during the Pope's speech shone the light on how politics and media all too often act as triggers enflaming "violence and private and public acts of vengeance" that are always in search of a scape-goat. Recalling the words of Saint John Paul II who condemned the death penalty as does the Catechism, Francis decried the practice and denounced "so-called extrajudicial or extralegal executions" calling them "deliberate homicides" committed by public officials behind the screen of the Law: "All Christians and people of goodwill are called today to fight not only for the abolition of the death penalty be it legal or illegal, in all of its forms, but also for the improvement of prison conditions in the respect of the human dignity of those who have been deprived of freedom. I link this to the death sentence. In the Penal Code of the Vatican, the sanction of life sentence is no more. A life sentence is a death sentence which is concealed". And Pope Francis had words of harsh criticism for all forms of criminality which undermine human dignity, there are forms of his - he said - even within the criminal law system which too often does not respect that dignity when criminal law is applied. "In the last decades" - the Pope said - "there has been a growing conviction that through public punishment it is possible to solve different and disparate social problems, as if for different diseases one could prescribe the same medicine." He said this conviction has pushed the criminal law system beyond its sanctioning boundaries, and into the "realm of freedom and the rights of persons" without real effectiveness. "There is the risk of losing sight of the proportionality of penalties that historically reflect the scale of values upheld by the State. The very conception of criminal law and the enforcement of sanctions as an 'ultima ratio' in the cases of serious offenses against individual and collective interests have weakened. As has the debate regarding the use of alternative penal sanctions to be used instead of imprisonment". Pope Francis speaks of remand or detention of a suspect as a "contemporary form of illicit hidden punishment" concealed by a "patina of legality", as it enforces "an anticipation of punishment" upon a suspect who has not been convicted. From this - the Pope points out - derives the risk of multiplying the number of detainees still awaiting trial, who are thus convicted without benefiting from the protective rules of a trial. In some countries - he says - this happens in some 50% of all cases with the trickledown effect of terribly overcrowded detention centers: "The deplorable conditions of detention that take place in different parts of the world are an authentic inhuman and degrading trait, often caused by deficiencies of criminal law, or by a lack of infrastructures and good planning. In many cases they are the result of an arbitrary and merciless exercise of power over persons who have been deprived of freedom." Pope Francis also speaks of what he calls "cruel, inhuman and degrading punishments and sanctions," and compares detention in maximum-security prisons to a "form of torture". The isolation imposed in these places - he says - causes "mental and physical" suffering that result in an "increased tendency towards suicide". Torture - the Pope points out - is used not only as a means to obtain "confession or information": "It is an authentic 'surplus' of pain that is added to the woes of detention. In this way torture is used not only in illegal centers of detention or in modern concentration camps, but also in prisons, in rehabilitation centers for minors, in psychiatric hospitals, in police stations and in other institutions for detention or punishment". And Pope Francis said children must be spared the harshness of imprisonment - as must, at least in a limited way - older people, sick people, pregnant women, disabled people as well as parents if they are the sole guardians of minors or persons with disabilities. The Pope also highlighted one of the criminal phenomena he has always spoken out against vehemently: human trafficking which - he says - is the result of that "cycle of dire poverty" that traps "a billion people" and forces at least 45 million to flee from conflict: "Based on the fact that it is impossible to commit such a complex crime as is the trafficking of persons without the complicity, be it active or of omission of action of the State, it is evident that, when the efforts to prevent and combat this phenomenon are not sufficient, we find ourselves before a crime against humanity. This is even truer if those who are responsible for the protection of persons and the safeguard of their freedom become an accomplice of those who trade in human beings; in those cases the State is responsible before its citizens and before the international community". Pope Francis dedicates an ample part of his discourse to corruption. The corrupt person - according to the Pope - is a person who takes the "short-cuts of opportunism" that lead him to think of himself as a "winner" who insults and persecutes whoever contradicts him. "Corruption" - the Pope says "is a greater evil than sin", and more than "be forgiven, must be cured". "The criminal sanction is selective. It is like a net that captures only the small fish leaving the big fish to swim free in the ocean. The forms of corruption that must be persecuted with greatest severity are those that cause grave social damage, both in economic and social questions - for example grave fraud against public administration or the dishonest use of administration". Concluding, Pope Francis exhorted the jurists to use the criteria of "cautiousness" in the enforcement of criminal sanctions. This - he affirmed - must be the principle that upholds criminal law: "The respect for human dignity must operate not only to limit the arbitrariness and the excesses of State officials, but as a criteria of orientation for the persecution and the repression of those behaviors that represent grave attacks against the dignity and the integrity of the human person". (source: Vatican Radio) ******************* Pope Francis blasts life sentences as 'hidden death penalty'----Pontiff slates countries facilitating torture and says using prisons to fix social problems is like treating all diseases with 1 drug Pope Francis has branded life-long prison terms "a hidden death sentence" in an attack on "penal populism" that included severe criticism of countries that facilitate torture. In a wide-ranging speech to a delegation from the International Association of Penal Law, the pontiff said believers should oppose life-long incarceration as strongly as the use of capital punishment. "All Christians and men of good faith are therefore called upon today to fight, not only for the abolition of the death penalty - whether it is legal or illegal and in all its forms - but also to improve the conditions of incarceration to ensure that the human dignity of those deprived of their freedom is respected. "And this, for me, is linked to life sentences. For a short time now, these no longer exist in the Vatican penal code. A sentence of life (without parole) is a hidden death penalty." In comments likely to enhance his reputation as one of the most liberal of popes, Francis went on to slam the risk of sentencing becoming disproportionately severe. "In recent decades a belief has spread that through public punishment the most diverse social problems can be resolved, as if different diseases could all be cured by the same medicine." Reiterating Catholic teaching that capital punishment is a sin, the pope also made what appeared to be a thinly veiled attack on the European countries which have facilitated US demands for extraordinary rendition of terror suspects to detention centres in parts of the world where they can be tortured with impunity. "These abuses will only stop if the international community firmly commits to recognising ... the principle of placing human dignity above all else." (source: The Guardian) ************************** Pope Francis Defends Prisoners' Rights, Calls For Abolition Of Death Penalty Pope Francis is speaking up for some of the most outcast members of society - the prisoners. The pontiff issued a call for the abolition of the death penalty on Thursday, harshly criticizing prison systems around the world for overstepping boundaries, mistreating inmates, and failing to recognize the sanctity of human life. "All Christians and men of good will are called today to fight not just for the abolition of the death penalty in all its forms, whether it be legal or illegal, but also the goal of improving prison conditions, out of respect of the human dignity of people deprived of their freedom," the pope said during a meeting with the International Association of Penal Law. Francis added that locking people up for life amounts to a "hidden death penalty," noting that Vatican City has removed the life sentence from its criminal code, ANSA reports. The pontiff also lashed out against the use of torture and the criminal punishment of children. He urged for the "special treatment" of elderly prisoners. Francis' speech reaffirmed the Catholic church's long-held position on the death penalty. In America, support for the death penalty has dipped as low as 42% in 1966 and reached as high as 80% in 1994, according to Gallup. Since the peak in the mid-1980s, public support for the death penalty has dropped to 63% and has remained relatively stable since 2008. According to Gallup, "These trends toward diminished support seem to be reflected in state death penalty laws, as six U.S. states have abolished the death penalty since 2007, and no new states have adopted it." (source: Carol Kuruvilla; Huffington Post) IRAN----executions 3 Afghan nationals executed for drug trafficking At least 3 Afghans were hanged to death in Iran over drugs smuggling charges, Afghan officials said. The officials further added that the deceased individuals were originally residents of northeastern Takhar province. Provincial governor spokesman for Takhar province, Sanatullah Temori, said the dead bodies were handed over to their families and buried in Kalafgan district. (source: Khaama Press) PAKISTAN: Pakistan Supreme Court Could Overturn Christian Mother Asia Bibi's Death Sentence Despite Radical Pressure, Says International Christian Concern International Christian Concern has expressed hopes that Christian mother of five Asia Bibi could see her death sentence overturned by Pakistan's Supreme Court, despite pressure on judges from radical groups that are determined to see her executed. "I think the chances of the Supreme Court overturning the death sentence are much greater than that of the High Court. In many cases, especially blasphemy cases, court decisions are influenced, either by ideology or threats, by local radical groups. Generally, the High Court is more insulated from this influence," William Stark, ICC's Regional Manager for South Asia, told The Christian Post in an email on Wednesday. "Unfortunately, in Asia's case, she is very high profile and the radical groups tracking her case and advocating for her death have already shown what they are willing to do to keep Asia's death sentence confirmed. Shabaz Bhatti, a federal government minister, and Salmaan Taseer, the governor of Punjab, were murdered for speaking out against the blasphemy charge against Asia," Stark continued. "I am just speculating, but I am sure that the Justices deciding Asia's case at the Lahore High Court were thinking about Bhatti and Taseer and their own personal safety when they made their decision to confirm the death sentence." Bibi, who was first sentenced to death in 2010, saw her punishment upheld by the Lahore court last week. The mother was accused of blaspheming against Islam following an argument with Muslim women during an incident in 2009. Several human rights and persecution watchdog groups have pointed out, however, that blasphemy laws are often used to settle personal scores and persecute religious minorities in the heavily Islamic country. Stark said that raising awareness is a very important step in affecting change in situations like Bibi's case. "If Asia is a household name for Christians around the world and people are paying attention to her case, Pakistan and the justices ruling on her case will know that whatever decision they make will be seen and will be scrutinized. In some cases, just knowing that 'the world is watching' can affect the decisions of cases like this," Stark told CP. "The blasphemy charge against Rimsha Masih in 2012 is a great example of this. After Rimsha, a young Christian girl, was accused of blasphemy in Pakistan, there was an international outcry that ultimately led to her being released and resettled in a safe country." Christian leaders in Pakistan have been calling out for Pakistani authorities to reverse Bibi's sentence, while a group working to protect Christians from blasphemy laws urged international pressure on Pakistan. Haroon Barkat, director of the Masihi Foundation, said earlier this week that "international pressures and mobilization can be useful" in influencing the case. He said that above all, "the political will of the government and of the highest authorities in Pakistan is needed" to put an end to the many false blasphemy cases in the country. Stark agreed that it could help if the U.S. applies pressure on the situation, especially since Pakistan remains one of the U.S.'s top recipients of international aid. "Having the U.S. government call on Pakistan to uphold international human rights standards as part of receiving aid shouldn't be that far-fetched," he said. When asked about how Bibi's case compares to the one of Christian mother Meriam Ibrahim of Sudan from earlier this year, Stark said that in some ways the cases are similar, but also different. "In both cases, these women are Christians and have been sentenced to death for crimes against Islam in countries that promote Islam as the state sponsored religion. Both women also come from countries where Christians are in the minority and are heavily persecuted. Obviously, both of these cases bring up religious freedom issues for minority populations living in the Muslim world," ICC's Regional Manager for South Asia said. Ibrahim was initially facing the death penalty in Sudan for refusing to identify as a Muslim and for marrying her Christian husband Daniel Wani. Following a large international campaign, Sudan decided to release her, allowing her eventually to leave the country and come to the U.S., where Wani is a citizen. Stark pointed out that Wani's American citizenship is a major difference between the cases, as it makes Ibrahim's two young children Americans as well. "I believe this benefited Miriam greatly when it came to spurring NGOs, the U.S. government and U.S. citizens to action, ultimately leading to her release and resettlement in the U.S. That connection doesn't exist for Asia, making her easier to forget about and harder to push for action on," he said. As Bibi's defense team prepares an appeal to the Supreme Court, other Christian groups are calling on people to offer prayers for the mother. Open Doors noted that Bibi has spent much of the past five years in solitary confinement to protect her from other inmates, while the high-profile nature of the case has forced her family to go into hiding. "Even her legal team face threats to their careers, families, and lives. Please pray for Asia, her family, her legal team, and the judge who will hear her appeal, and ask your church to do the same," the group said. Open Doors added that it is contacting diplomats from around the world to raise awareness for Asia's case. (source: Christian Post) SOMALIA: Somalia Islamist Militants Stone 18-Year-Old to Death for Rape Al-Shabaab militants in southern Somalia publicly stoned an 18-year-old boy to death after he was accused of rape, the al-Qaeda-linked group and witnesses said. The teenager, named as Hassan Ahmed Ali, was accused of raping a 28-year-old woman at gunpoint and sentenced to death by a local judge, al-Shabaab's Radio Andalus reported. About 100 people witnessed the killing yesterday afternoon in the main square of Dharuuro, a village in Somalia's Lower Shabelle region, Mohamed Dhubow, a resident, said by phone. "Dozens of masked fighters" threw stones at the teenager, who'd been buried up to his neck, Dhubow said. "No one could help him." Al-Shabaab have been fighting Somalia's government since at least 2006 in their campaign to establish an Islamic state. Somali government forces, backed by African Union soldiers, have made gains against al-Shabaab since forcing the Islamist fighters to withdraw from the capital, Mogadishu, 3 years ago. Somalia's government expects to liberate areas still controlled by the militants within the next 6 months after capturing the insurgents' coastal stronghold of Barawe in early October. (source: Bloomberg News) From rhalperi at smu.edu Fri Oct 24 09:14:03 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 24 Oct 2014 09:14:03 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, ALA., KAN., COLO., ARIZ. Message-ID: Oct. 24 TEXAS: Experts: Texas Slowly Moving Away From Executions For years Texas has executed more prison inmates than any other state, but some believe that trend is coming to an end. Kristin Houle, executive director of the Texas Coalition to Abolish the Death Penalty, says Texas is joining the rest of the nation in slowly moving away from executions. "One of the main factors driving this movement away from the death penalty, in Texas and nationally, is the rate or the incidents of wrongful convictions," Houle explained. According to Houle, there has also been an ongoing decline in the number of people sentenced to death row. In Texas, she says, the number of new death sentences has dropped about 75 % in the last decade. So far this year, Texas has carried out nine executions and Miguel Angel Paredes is scheduled to be put to death on October 28. Even with the expected death of Paredes, Houle says, "We will have carried out the fewest executions in Texas, this year, since 1996." In addition to fewer death sentences, Houle said the lower number of executions is directly related to recent revelations about wrongful convictions. Some activists are even taking to the streets to demand the death penalty be abolished. Rallies are planned across the state before the end of the year, and kick off this weekend in Houston with the 15th Annual March to Abolish the Death Penalty. (source: CBS news) ************************* After 2 years on the run, Mission capital murder fugitive captured Police nabbed a 23-year-old man wanted for a 2012 fatal shooting and armed kidnapping. Carlos Olvera stood Thursday in Mission Municipal Court to face charges of capital murder and aggravated kidnapping after more than 2 years on the run. Police said Olvera was believed to have been hiding in Mexico after Rigoberto Olivarez's shooting death in December 2012. U.S. Border Patrol agents caught Olvera, of Diaz Ordaz, Tamps., trying to illegally enter the U.S. near Sullivan City on Tuesday. A check of Olvera's fingerprints linked him to the outstanding warrant for the Mission capital murder case. Olvera is 1 of 4 suspects investigators say participated in a home invasion and botched kidnapping in the 1200 block of West 24th Place that left Olivarez fatally shot. "I did not shoot," Olvera told Mission Municipal Judge Jonathan Wehrmeister in Spanish during his arraignment. "I did not have a weapon." Wehrmeister ordered Olvera, a Mexican national, to be held without bond ahead of his trial. If convicted of capital murder, he faces life in prison without parole or the death penalty. Olvera provided investigators with a statement of accused - considered a form of a confession - following his arrest, Mission police Det. Eduardo Hernandez Jr. said. He identified Jorge Ruiz, Eric Gomez Torres, and Ramon Nevarez as fellow participants in the fatal shooting and kidnapping. The other suspects may still be in Mexico, where they fled after the 2012 crime, police said. Investigators believe the 2012 home invasion stemmed from drug trafficking and that Olivarez knew Olvera and the other suspects. Police have said Olvera and 2 married couples, including Olivarez and his wife, were at a small party Dec. 22, 2012. Ruiz and Torres kicked in the door, ordering the 2 couples to lay down on the ground, police said following the incident. Witnesses told investigators that both men wore black masks during the attack. Ruiz carried a .223-caliber assault rifle later recovered after an 8-hour manhunt where the suspects escaped a high-speed chase with police. That rifle was later identified as the one that killed Olivarez, whose body was found in the kitchen of the house. He suffered 14 gunshot wounds in the attack. (source: The Monitior) ALABAMA: Does the death penalty or life in prison cost more for taxpayers? Does sentencing someone to death, really cost less? Or is it more cost effective to keep someone alive in prison? The whole conversation sparked from a story we posted about a Lauderdale couple, Patricia and Matthew Ayers, being sentenced to 2,000 years in prison for sexual abuse of a child.M Many people took to Facebook to voice their concerns, saying things like: "Death penalty, cause I don't want my tax dollars feeding them!" "Electric chair is cheaper, the way it is now, we have to pay for them as long as they live." But, is that really the case? "If you'd asked me, which is cheaper, my answer to you is, for my purposes, it doesn't matter," Broussard says. The Vera Institute of Justice estimated in 2010 it cost around $17,000 to house an inmate for a year. Assuming Patricia and Matthew Ayers live to 75, the average life expectancy in Alabama, that's between $570,405 and $708,685 in costs to the taxpayers to keep them in prison. That may be a lot, but when you compare it to the costs associated with the death penalty, we're looking at possibly an even bigger number. A study by the Urban Institute in Maryland found that it cost about $37.2 million for each of Maryland's 5 executions since the state re-enacted the death penalty in 1978. "In court-appointed cases, and most capital murder cases are handled by an attorney who is appointed to represent a client on that case, which means the state as a practical matter, is going to pay that fee," says attorney Russell Crumbley. According to deathpenaltyinfo.org, the average inmate spends a decade on death row. "The whole appellate process is exhaustive and it is for the purpose, ultimately, of making sure that the person really is guilty. That is the ultimate punishment in our system," says Crumbley. According to the Alabama Department of Corrections, there are 193 inmates currently on death row. Arthur Lee Giles has been on death row for 35 years. "Probably, in my career, me personally, I've had 6 people on death row, and I've been here 25 years," says Broussard. And he says the punishment fits the crime. "I'm sure there's a lot of debate about what's the cheaper way to go, but of something of this magnitude, I have no interest in how those numbers fall," Broussard says. Since the death penalty was enacted in 1983, Alabama has executed 56 people. (source: WAAY TV news) KANSAS: Gov. Brownback speaks out against justices who overturned Carr death penalty The state's high court is getting a lot of attention after Gov. Sam Brownback came out Thursday against the justices who overturned the death penalty ruling for the infamous Carr brothers. The move comes after his campaign drew criticism for releasing an ad linking his Democratic challenger, Paul Davis, to the Kansas Supreme Court's ruling. "Remember the Carr brothers? Five savage murders. Caught. Prosecuted. Death row. Then, liberal judges in Topeka changed that," the ad says. It then goes on to say Kansans could expect similar rulings because, as governor, Paul Davis would have the power to appoint justices. The ad has since been criticized by Davis, the former DA who prosecuted the Carrs, Nola Foulston, and by the families of the brothers' victims. But Gov. Brownback defended the ad. "Paul Davis wants to continue to appoint liberal judges to that court," Brownback said in a debate Tuesday in Topeka. "I want to appoint judges who will interpret the law, not rewrite it as they choose to see it to be." And on Thursday, Brownback went further and endorsed the removal of 2 state supreme court justices, Lee Johnson and Eric Rosen, both of whom are up for a retention vote in November. But, legal experts say the justices ruled according to the law. "The trial judge failed to give each Carr brother a separate trial during the death penalty phase," said Dan Monnat, of Monnat & Spurrier. "Since when is it only a liberal idea to follow fundamental constitutional principle? Since when is it only a liberal idea to give an accused person a fair trial?" Kansans for Justice, an organization comprised of the Carr brothers' victims' family members and friends shares the governor's view that the justices should not be retained in November, but say they are not interested in making the issue about politics. "We are saddened the case becomes about politics and not about our loved ones who we've lost," said Amy James, the media spokesperson for Kansans for Justice. Jonathan and Reginald Carr killed 5 people and a dog in a gruesome crime spree in December of 2000. (sourcde: ksn.com) COLORADO: Death penalty in the Colorado gubernatorial race Over the past few election cycles, Colorado has become an important "battleground state" and a bellwether for larger electoral trends. Featuring contested races for both a Senate seat and the Governor's mansion, it is arguably the most important site of the upcoming midterm elections. The gubernatorial contest has Bob Beauprez, an established figure in the Colorado Republican party, attempting to unseat (the previously very popular) Gov. Hickenlooper. Social issues have entered the 2 campaigns in some expected ways - abortion, health care coverage, gun safety laws, and marijuana legalization. But during these gubernatorial debates, the issue of the death penalty has also briefly held the spotlight. Back in May, Beauprez made a campaign promise that surprised many, since he presents himself as a faithful Roman Catholic. "When I'm governor," he said during a GOP debate, "Nathan Dunlap will be executed." Or, in a headline offered by Mother Jones, "Elect Me, and I'll Kill that Guy." No one would deny that Dunlap, whose death sentence has been stayed by Hickenlooper, was convicted of absolutely horrific crimes. And supporters of Hickenlooper also admit that the Governor did not handle his own decision to stay the execution very well. But the Catholic Church's position on the death penalty in modern societies is very well-known, despite these facts. No. 2267 of the Catechism reads: "Today, in fact, as a consequence of the possibilities which the state has for effectively preventing crime, by rendering one who has committed an offense incapable of doing harm - without definitely taking away from him the possibility of redeeming himself - the cases in which the execution of the offender is an absolute necessity 'are very rare, if not practically nonexistent.'" The official document for forming consciences of Catholic voters in the United States, "Faithful Citizenship," inveighs against the death penalty in 5 different sections, saying "continued reliance on the death penalty cannot be justified" and "the USCCB supports efforts to end the use of the death penalty." To these ideas we can add recent realities: the exoneration of North Carolina's longest-incarcerated member of "death row," or the frightful, bungled executions that have taken place in recent years. So how can Beauprez defend his explicit campaign promise to order an execution? On October 9, during a general election debate, he did so by reference to a private conversation with former Archbishop of Denver, Charles Chaput. Here's the Denver Catholic Register's write-up of the Q & A: The comment came in response to a question asked by Kyle Clark of 9News who asked: "Mister Beauprez, you have said that your opposition to abortion is rooted in your strong Catholic faith. You have called elected pro-choice Catholic Democrats 'heretics.' I'm curious how you came to decide that your church is right on sanctity of life for the unborn, but wrong on sanctity of life as it applies to the death penalty, which you support." Beauprez responded: "Because I've talked to, let me quote him, Archbishop Charles Chaput. And people are very confused about this and that's why I went to him, as, I think, a credible source on what Church doctrine is. Many Catholic clergy believe, as the governor now says he does, that they're anti-death penalty. But the archbishop made it very clear to me. He said, 'Bob, you pray on it, sleep on it, reach the conclusion that is right for your soul and, he said, I'll back you up, because Church doctrine is not anti-death penalty.' I want to be very clear about that." Clark followed up: "Pope Francis recently said that the death penalty should not be used, even in the case of a terrible crime, but you feel that the archbishop told you otherwise?" Beauprez answered: "Yes ... the archbishop was very clear on that. He said there are many in the clergy that have a policy position and that's the difference between that and Church doctrine. A policy position that is opposed to the death penalty. And that's fine. I'll just stipulate: There's moral reasons to be anti-death penalty." In terms of rhetoric, Beauprez's defense was sound: when he was running for office in the past, he consulted with the highest Catholic official in his jurisdiction, and was told to follow his conscience. But the resurfacing of this anecdote invited questions about what Archibishop Chaput had actually said. His new archdiocese has offered a short statement: The Archdiocese of Philadelphia said through a spokesman that Archbishop Chaput would be unable to comment on a private conversation between himself and the gubernatorial candidate. However, they added that "Scripture and long Church teaching uphold the basic legitimacy of the death penalty. But, the Church also teaches that in the developed world, the circumstances requiring the death penalty for the purposes of justice and public safety rarely exist. Therefore the death penalty should not be used." As in the Catechism, the death penalty has a "legitimacy" in theory but "should not be used." Some have asked whether this statement gives "wiggle room" for Catholic candidates for office, but Chaput's record elsewhere would seem not to grant any. In 2002 Archbishop Chaput criticized Catholic Supreme Court Justice Antonin Scalia for supporting the death penalty, calling it "cafeteria Catholicism." Scalia's is only 1 voice - albeit an influential one - without any power to carry out capital punishment. Beapurez, on the other hand, promises to disregard church teaching precisely as one who has executive authority - the power to execute. We should not miss that peculiar feature of the situation in Colorado: this Catholic candidate for office has made an explicit campaign promise to contravene a clear and weighty doctrine of Catholic moral teaching - and to do it himself. There is hardly a "degree of cooperation" argument in this case, as we have with other moral reasoning about democratic elections and candidates' values. With most other issues, a politician's platform indicates aspirations to certain goals, which sometimes include indirectly facilitating an immoral practice, usually one that is already readily available to the electorate. But in this case, Beauprez promises that his election will directly lead to Dunlap's execution. The causal link between the stroke of his pen and the sting of a needle is beyond doubt. It's a macabre campaign promise for anyone to make, but especially for a Catholic. (source: Commonweal) *********************** Colorado Considered Giving Death Row Inmates More 'Leisure Time' Outside Cells Colorado's Department of Corrections considered allowing death row inmates, who are normally confined to their cells, to have 4 hours per day of "leisure time" in which they can walk around inside and outside the facility. Details of this idea were spelled out in an internal email in March, which was recently obtained by the website Complete Colorado. "We allow offenders with a sentence of life without the possibility of parole to walk around our medium and close custody facilities, who pose no different risk than those with sentences of the death penalty," wrote DOC employee Kellie Wasko. "So are we really managing those offenders whose sentence is different - however, the same - effectively and equally? We believe that we can do better!" She goes on to describe a new policy that would allow death row prisoners to be allowed out of their cells for 4 hours, together, without staff members present in a communal area called a "dayhall." Prisoners can also spend time outdoors or in shower areas, she wrote. "[W]e decided that while they are out in the dayhalls, and we are assessing how this will work, we would consider this dayhall a 'NO STAFF ZONE' at this time," Wasko wrote. "So that means that while the offenders are out in their dayhall for their out-of-cell time, staff will not enter into that dayhall for any reason while we assess how this will work for our organization." In an article on its website, Complete Colorado wrote that it's unknown whether the Department of Corrections actually implemented the new policy, but an unidentified staffer said it's troubling the idea was even proposed. "Just the mere fact they would even put it out department-wide that they were looking to implement something like that had so many staff shaking their heads," the employee told the site, noting the employee does not work on death row. The changes were proposed as Colorado began an overhaul of its policies on solitary confinement, known as administrative segregation. Last year, an inmate who'd spent much of his time in solitary murdered corrections chief Tom Clements and a pizza delivery man while on parole. Clements' successor, Rick Raemisch, spent 20 hours in solitary as an experiment, leaving with what he described as an "urgency for reform" in an article he wrote about the experience in the New York Times. Colorado has three inmates on death row: Richard Ray, convicted of ordering a hit on witnesses set to testify against him on another murder charge; Sir Mario Owens, the man who pulled the trigger in the witness killings; and Nathan Dunlap, who killed 4 people in a holdup at a Chuck E. Cheese restaurant. Although Wasko said in her email that the inmates have no history of behavioral problems in their current confinement to solitary, and should therefore be allowed out of their cells from time to time, District Attorney George Brauchler, whose office prosecuted Dunlap, said a change in policy makes no sense. "The reason for Administrative Segregation is pretty obvious," he told Complete Colorado, "which is, once you've told someone, 'We're going to leave you in prison until we have the ability to kill you, until we have the ability to take your life,' they are a much bigger risk than others." (source: Daily Caller) ARIZONA: 2nd Juror Dismissed From Death Penalty Trial After Talking to Reporter Things aren't looking good in the Jodi Arias sentencing retrial now that 2 jurors have already been dismissed from the case just 2 days into the trial. The penalty phase of the Jodi Arias retrial started on Tuesday as prosecutors presented their opening arguments to persuade the jury into sentencing the convicted boyfriend killer to the death penalty. However, one of the 12 jurors was let go due to an ongoing family emergency on the 1st day of the retrial. The next day, a 2nd was let go for talking to a reporter that she thought was HLN talk show host Nancy Grace. Altogether 12 jurors and 6 alternates were selected from a pool of hundreds of people earlier this month. However, there will be a mistrial if there are less than 12 jurors to serve on the panel. Juror No. 9 was dismissed Wednesday after she asked a freelance TV journalist if she was Nancy Grace, a nationally renowned television personality and a vocal opponent to Arias, reports AZ Central. The incident took place during a morning break as Beth Karas, a former on-camera reporter and commentator for HLN, was being interviewed by 12 News about the case. Although Karas says she realized that a juror was standing nearby, she assumed that she couldn't hear the interview. Once she returned inside of the courthouse, a woman approached asked if she was Nancy Grace. In response, Karas told her that she used to work with Grace and then reported the incident to the court. As a result, Juror No. 9 was dropped from the case and Maricopa County Judge Sherry Stephens reiterated to the remaining 16 jurors that they are prohibited from discussing the case, watching TV, consuming news media and using social media, reports USA Today. Arias, 34, was convicted of the 1st-degree murder of her ex-boyfriend Travis Alexander in May 2013. According to medical examiners, Arias stabbed him 27 times, primarily in the back, torso and heart in his Phoenix home in 2008. She also slit Alexander's throat from ear to ear, nearly decapitating him, and shot him in the face before she dragged his bloodied corpse to the shower. Although the aspiring photographer was found guilty in the case, the jurors failed to reach a unanimous decision on her sentencing. As a result, the retrial will determine whether she should be sentenced to death, life in prison or life with a chance of release after serving 25 years. (source: Latin Post) From rhalperi at smu.edu Fri Oct 24 09:15:58 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 24 Oct 2014 09:15:58 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 24 UGANDA: Terror suspects linked to Al Shabaab further remanded Police are yet to conclude investigations in a case involving 10 terror suspects linked to Al Shabaab arrested last month from Kisenyi in Kampala. State prosecutor, Edward Muhumuza, on Thursday told Buganda Road Court that Police were yet to conclude investigations. Grade One Magistrate Simon Zirintuusa remanded the suspects to Luzira Prison until November 7. They are battling charges of aiding and abetting terrorism contrary to Section 8 of the Anti-Terrorism Act. On conviction, the penalty is death. Additionally, they are charged with the offence of belonging to a terrorist organisation contrary to Section 11(1) of the Anti-Terrorism Act. Procedurally on completion of the probe, the Police informs the Directorate of Public Prosecutions, which notifies court of the development by formulating an indictment. The committal papers containing the indictment are then forwarded to the High Court, which has jurisdiction to try the capital offence of terrorism. Lawyers David Mushabe, Richard Rugambwa, Andrew Manzi, and Noah Sekabojja, represented the suspects. They are Mohamed Abdulkdir Hirsi alias Mohamed Abdul Aziz Adan, ,31, businessman; Somali national resident of Katwe-Kibirige House, Makindye division, Abdi Abdullahi Bootan, 26, driver; Somali refugee resident of Kisenyi opposite Delta Petrol station Rubaga division. Others are Hassan Abduwali Mohamoud, 25, Somali refugee, resident of Kisenyi, Rubaga division,Mohammed Ahmed Gele, 28, driver Somali refugee, resident of Lubaga Road, Rubaga division. Also included are Yasimin Abdullahi Aden, 20, a housewife, Somali refugee, resident of Kisenyi, Rubaga division, Hodan Ahmed Dahir, 23, unemployed Somali national, resident of Kisenyi, Mengo Yusufu Osman Hussein, 29, businessman, Somali refugee, resident of Namalwa I zone, Bukesa, Rubaga division Abdi Mohamed, 29, Somali refugee, resident of Namalwa I zone, Bukesa, Rubaga division, and Abdul Kadir, 24, unemployed Somali refugee, resident of Mengo Kisenyi opposite Missionary Poor School, Rubaga division. The Kenyan national is Mohamed Yusuf Farah, 31, a manager at Hauliers Transport, resident of Bulange, Mengo, Rubaga division. (source: New Vision) THAILAND: Parents of Myanmar Murder Suspects Arrive in Bangkok The parents of the 2 Myanmar suspects charged with killing 2 British tourists on Koh Tao island arrived at Bangkok's Don Muang airport 22nd October to be met by a throng of reporters. 3 parents and 1 uncle of the accused have flown in with the help of the Myanmar government and the Thai authorities and will be briefed by the Myanmar embassy before heading south to Samui Island where the suspects are being held, according to local Thai media. They arrived at the airport carrying photos of Thailand's King Bhumibol and were clearly distraught as they talked with reporters. After hours of discussion with lawyers from the Lawyers' Council of Thailand, the 2 men have recanted their confessions. Ko Zaw Lin Oo and Ko Win Zaw Tun have said in a statement to prosecutors that they confessed to the murders of Ms Hannah Witheridge, 23, and Mr David Miller, 24, on 15th September under duress or violence and now fully retract their confession. The 2 Myanmar migrant workers are charged with conspiracy to murder and rape, plus robbery, and could face the death penalty if found guilty. (source: Burma News International) ******************** Koh Tao murder suspects to meet parents tomorrow The parents of the 2 young Myanmar workers facing the death penalty in Thailand for allegedly murdering 2 British tourists on a resort island last month met with Thailand's Human Rights Commission, the Lawyers Council of Thailand and Myanmar's ambassador to Thailand yesterday to discuss the controversial case. "Their parents arrived here today. They met with Myanmar's ambassador to Thailand, Thailand's Human Rights Commission and the Lawyers Council of Thailand also joined the meeting," lawyer Aung Myo Than from the Myanmar Embassy said yesterday. A press conference was held after the meetings, Aung Mo said. "Thai media were supportive of the parents ... They said all Thai people want to know the truth about the case," he added. The 2 accused workers have retracted their confessions. Their lawyers said they were tortured and forced into making them. They have been jailed as they face court proceedings over the killing of Hannah Witheridge and David Miller, whose battered bodies were found on Koh Tao (Turtle Island) on September 15. Their parents, along with the special envoy from Myanmar observing the case, will visit the pair at a prison on Samui Island on October 24. Thai police have come under intense criticism for repeated mistakes in their investigation into the murders, and it has been widely alleged that the 2 21-year-old Myanmar migrants were used as scapegoats in what has turned out to be an alleged bungled effort to protect that country's carefully crafted image as safe haven for tourists. Thai authorities have strongly denied allegations that the pair are scapegoats, insisting the case is built on solid evidence, which includes DNA samples of the accused that matches samples taken from the body of Witheridge, who was also raped. Thailand's foremost forensic scientists, however, has cast doubt on this, saying the crime scene had not been sealed and protected and that no forensics expert had been called in to assist in the investigation. Prosecutors confirmed they received a letter from the defence team saying the suspects had withdrawn their confessions and alleged that they had been tortured. The murders on the rowdy island - which is well-known among backpackers for its beach parties, cheap alcohol and easily available drugs - have raised questions about Thailand's reputation as a tourist destination globally, while in the country fresh questions about the reliability and trustworthiness of the country's notoriously corrupt police force have been raised. Thai authorities have agreed to allow British police to observe their investigation. (source: elevenmyanmar.com) GLOBAL: The uncomfortable truth about executions After a leaked report revealed China executes 3 times more people than the world combined, here are the facts about capital punishment across the globe This week the Dui Hua Foundation exposed the shocking number of executions that took place in China in 2013. According to the US-based pressure group, China executed 2,400 people. The number, which is troubling in itself, is even more disturbing when put into a global context - as it reveals last year China executed 3 times more people than the world combined. The total number of executions for the rest of the world was 778 people in 2013, according to Amnesty International. The next highest execution rate was Iran is the next biggest executor with at least 369, followed byIraq with at least with at least 169. Other uncomfortable facts have come out of the latest round of statistics - for example, Belarus remains the only European country to still have the death penalty. Meanwhile in Japan, India, Malaysia and South Sudan, prisoners were not told they were to be executed - and neither were their lawyers or even their family. Amnesty International say that despite these shocking numbers the global trend remains towards abolition - with 173 of 193 members of the United Nations execution-free. (source: The Telegraph) UNITED KINGDOM/PAKISTAN: UK 'aid for executions' in spotlight as Pakistan set to restart hangings More than 100 prisoners apprehended in UK-funded drug arrests are now facing execution in Pakistan, after a judge scheduled a hanging that would end the country's 2-year death penalty moratorium. A 1-month stay of execution granted to Pakistani prisoner Shoaib Sarwar expires next Monday (27th October), leaving Mr Sarwar at imminent risk of death. The hanging, if it takes place, would be Pakistan's 1st execution since 2012, and would throw into question the lives of at least 112 drug offenders currently on Pakistan's death row - including a number of British nationals, who were sentenced to death in trials falling short of international standards. While the UK government's Strategy for the Abolition of the Death Penalty lists Pakistan as a 'priority country', the UK has given more than 12 million pounds to support anti-drug operations in Pakistan, where drug possession can carry a death sentence. UK funding has covered training for officers in Pakistan's Anti-Narcotics Force as well as intelligence and equipment, while ministers have failed to take steps to prevent the aid leading to death sentences. Last week, Denmark announced it would reconsider similar aid in light of the moratorium's possible collapse. Pakistan's specialist drug courts maintain a conviction rate of more than 92 per cent, and can hand down a death sentence to anyone convicted of possession of more than 1kg of drugs. The Pakistani Anti-Narcotics Force lists death sentences on its website as "Prosecution Achievements." In correspondence with legal charity Reprieve, Deputy Prime Minister Nick Clegg has confirmed that the UK has ended counter-narcotics funding to Iran due to "the exact same concerns" as Denmark; the latter country redirected funding in 2013 after concluding donations were "leading to executions". On Pakistan, however, Mr Clegg said the UK would continue its funding, despite being "acutely aware that this assistance must not compromise our clear opposition to the use of capital punishment in all circumstances, including for drug offences". Asked what Britain's aid stance would be if Pakistan's moratorium collapses, Mr Clegg promised that the Government would "urge the Pakistan authorities to abolish the death penalty", but failed to address the issue of the 100+ death row prisoners whose arrests were funded by the UK. Reprieve has asked the British Government to make its aid conditional on an end to the death penalty for drug offences - consistent with its position on similar aid to Iran - and to accept responsibility for the link between its support for drug operations and the application of the death penalty, including for British nationals. Reprieve's Death Penalty Team Director Maya Foa said: "Despite calling Pakistan a "priority country" in its strategy to abolish the death penalty worldwide, Britain has sent millions of pounds to help Pakistani forces arrest and sentence people to death for alleged drug offences. The people whose death sentences British aid has supported are hardly the barons or kingpins of the international drug trade - they are innocent scapegoats or vulnerable mules, often targeted by notoriously corrupt police forces eager to meet 'quotas'. British aid for executions breaches the Government's own human rights rules and makes a mockery of its commitment to fight capital punishment abroad." (source: ekklesia.com) INDONESIA: Wife could face death penalty The Perth-based sons of a man murdered in Bali arrived on the island yesterday as police revealed their mother, who allegedly ordered the killing, could face the death penalty. Noer Ellis remains in police custody after allegedly confessing to arranging hit men to kill her husband, British-Australian expatriate Robert Kevin Ellis, whose body was found wrapped in plastic and dumped in a ditch in a rice field this week. Police said Mr Ellis was set upon in the kitchen of the couple's villa in Sanur by 5 killers who slashed his throat. Police will allege Mrs Ellis paid her maid's boyfriend $14,000 to kill Mr Ellis, most of it to be paid after the crime. Police spokesman Hery Wiyanto said the pair and a second maid would also be charged. He said 2 charges were being weighed up - murder, carrying up to 15 years jail, and premeditated murder, which carries a maximum penalty of death. 4 others were still wanted for involvement in the crime. "Some have fled Bali and some are still hiding in Bali," Mr Hery said. "We urge them to surrender. "Wherever they are, we will hunt them down." The couple's sons, Jon, 23, and Peter, 19, arrived in Bali yesterday and were still coming to terms with the tragedy, according to long-time family friend Ross Taylor. Mr Taylor, president of the Indonesia Institute, said the sons were yet to decide whether to visit their mother in custody. "There needs to be a discussion as to where they proceed from here," Mr Taylor said. "There are issues regarding meeting their mother, how that will be dealt with, and it's extremely complex and emotionally charged." Their uncle, Mr Ellis' brother, was in Bali providing support. The brothers, who went to Wesley College and studied at Edith Cowan University, released a statement on Wednesday. It said they were devastated by their father's death. "Dad has been such a vital part of our lives," they said. Mr Taylor said business and financial concerns had led to "tension" between Mr Ellis and his wife in the past year. He said Mr Ellis was a successful, well-liked businessman who had lived in Indonesia for many years. (source: The West Australian) IRAN----executions 5 Prisoners Hanged in Northern Iran----4 prisoners, among them 1 Afghan citizen, sentenced to death for drug-related charges and 1 prisoner charged for murder were hanged in 2 different prisons in northern Iran. 4 prisoners were hanged for drug-related charges in the prison of Rasht (Northern Iran) on Saturday October 18, reported the official website of the Iranian Judiciary in Gilan Province. 1 of the prisoners identified as "A. M." (32 year old, name of father Gholam Rasoul) was an Afghan citizen and was sentenced to death for possession of 1995 grams of heroin. The other prisoners were identified as "M.H." (46) charged for participation in buying, possession and trafficking of 27 kilograms of opium; "M.A." (44; son of Ismaeil) for one kilogram of Crystal and 330 grams of heroin; "M.A." (34, son of Tavakol) for buying 2200 grams of Crystal said the report. According to the state run Iranian news agency Fars, a 35 year old man was hanged in the prison of Amol (Northern Iran) yesterday morning, Wednesday October 22. The prisoner was sentenced to "Qisas" (retribution in kind) for murdering 1 of his friends in 2008, said the report. (source: Iran Human Rights) From rhalperi at smu.edu Fri Oct 24 14:41:30 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 24 Oct 2014 14:41:30 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, FLA., KAN., MO., ARIZ. Message-ID: Oct. 24 TEXAS----new execution date: Manuel Garza has been given an execution date for April 15 (2015); it should be considered serious. ****************** Executions under Rick Perry, 2001-present-----278 Executions in Texas: Dec. 7, 1982-present----517 Perry #--------scheduled execution date-----name---------Tx. # 279------------Oct. 28------------------Miguel Paredes--------518 280------------Jan. 14------------------Rodney Reed-----------519 281------------Jan. 15------------------Richard Vasquez-------520 282------------Jan. 21-------------------Arnold Prieto--------521 283------------Jan. 28-------------------Garcia White---------522 284------------Feb. 4--------------------Donald Newbury-------523 285------------Feb. 10-------------------Les Bower, Jr.-------524 286------------Mar. 11-------------------Manuel Vasquez-------525 287------------Mar. 18-------------------Randall Mays---------526 288------------Apr. 15-------------------Manuel Garza---------527 (sources: Texas Department of Criminal Justice & Rick Halperin) FLORIDA: Jury finds Seminole man guilty of 1st-degree murder in killing of estranged wife----Dwayne White, 44, on trial for 1st-degree murder A Seminole County man accused of murdering his estranged wife was found guilty of 1st-degree murder on Thursday. A Seminole County man accused of murdering his estranged wife testified in his own defense on Thursday. Dwayne White, 44, for on trial for the Aug. 29, 2011 stabbing death of 42-year-old Sarah Rucker. Once the state rested its case on Thursday, White's defense team asked the judge to toss out the case. The judge denied the request and the defense then asked for the case to be declared a mistrial because of an evidence gathering issue. The judge also denied that request. Prosecutors said there are bloody hand print matches and cellphone pings that prove White slashed Rucker's throat with a pocket knife. The state said Rucker can be heard on a 911 call begging her husband to stop beating her not long before her death. White has continuously denied killing Rucker but admitted to fighting with her a few hours before she was discovered face-down in a pool of blood outside a Longwood sandwich shop. White had previously claimed he was nowhere near the sub shop, but testified on Thursday that he did go to the sub shop. He admitted he found Rucker's dead body, but didn't call police. He said he panicked and went home. In the recorded statement, White repeatedly indicated that it was unfair how focused law enforcement authorities were on him. When investigators asked White how they were going to resolve the path to the truth he said, "The resolution is to go find who did it, and stop saying I did it." Investigators said there is a documented history of domestic violence between the separated couple. A jury came back with the guilty verdict only a few hours after starting deliberations. The state is seeking the death penalty in this case. The jury will be back in court Tuesday for a hearing on the death penalty portion. (source: WESH news) KANSAS: Surviving victim of Carr brothers speaks out against court ruling My name is Andy Schreiber. I am 1 of 2 surviving victims of the Carr brothers' December 2000 murderous crime spree in Wichita. I've sat silently for more than 12 years, but I'm now breaking that silence to share my thoughts on the recent Kansas Supreme Court ruling vacating the death sentences for both brothers (July 26 Eagle). This decision left me no choice but to speak out. The death penalty is a legally acceptable penalty: It is not murder. It is a valid and legal form of punishment that was voted on and enacted by the Kansas Legislature. What the Supreme Court has done - not only in the Carr brothers' case, but in all other capital murder cases since the death penalty was re-enacted in 1994 - is effectively eliminate the death penalty by judicial edict. A majority of the Supreme Court justices have allowed their personal political views of the death penalty to cloud their impartiality in these cases. The reason the U.S. Supreme Court has reinstated several of the death sentences vacated by the Kansas Supreme Court is because these decisions were legally flawed. Everyone is entitled to a fair trial, not a perfect trial. I challenge anyone to find a perfect capital murder trial where no errors were made, especially a case as complicated as this one. However, in a case like this one where evidence of guilt is so overwhelming and where any error, when weighed against the totality of the evidence presented against each defendant, could not possibly have resulted in a different verdict had it not occurred, the case should be affirmed. That was basically then-Justice Nancy Moritz's dissenting opinion in this 6-1 decision to vacate both death sentences. Any retrial or resentencing is an enormous waste of time and taxpayer money, not to mention the anguish it will cause the victims and our families, as we're forced to relive each and every horrifying detail of the crimes all over again - twice - because of the separate penalty trials ordered by the state Supreme Court. In the 14 years since these vicious crimes were committed, those of us affected by these 2 animals have picked up the pieces and carried on with our lives. We've started families and careers, though all the while haunted by the possibility of having to do this all over again. Eric Rosen and Lee Johnson are 2 of the justices who voted to vacate the death sentences in this case. Appointed Supreme Court justices must face a retention vote every 6 years, and both Rosen and Johnson will be on the Nov. 4 ballot. I urge you to speak out, just as I have here, and vote "no" to remove Rosen and Johnson from the bench. (source: Opinion, kansas.com) MISSOURI----impending execution Religious leaders ask Governor to stop execution Religious leaders from around Missouri are calling on Gov. Jay Nixon to call off the scheduled execution of Missouri death row inmate Mark Christeson. Christeson is scheduled to die by lethal injection on Wednesday. He was convicted of killing a mother and her 2 children near Vichy in February 1998. A jury in Nevada convicted Mark Christeson in 1999 of 3 counts of 1st-degree murder and recommended a death penalty. The letter, signed by several religious leaders including Bishop James Johnston of the Catholic Diocese of Springfield-Cape Girardeau, asks the governor to grant Christeson clemency based on allegations of attorney incompetence and questions about Christeson's mental competence. The letter calls out the federally appointed defense counsel for "egregious actions" in missing deadlines for federal review of the case. The letter also points out that Christeson was enrolled in special education classes when he was in school, was 18 at the time of the murders, had low performance in school and suffered several head injuries that resulted in him losing consciousness. It also notes Christeson's family had a history of mental illness, chaos, violence and pedophilia. The signers also argue that the death penalty does not protect or heal communities, but promotes vengeance and the perpetuation of violence. (source: KSPR news) ARIZONA: Arizona challenged to abandon secrecy on death penalty drugs The secrecy imposed by Arizona on the source and quality of the lethal injection drugs it uses to kill death row inmates has been challenged in a new lawsuit brought by the Guardian and other media organizations. In the lawsuit, filed with a federal court in Phoenix, the Guardian together with the Associated Press and four of Arizona's largest news outlets argue that the state's refusal to disclose any information about its lethal injection drugs is a breach of the public's 1st amendment right to know about how the death penalty is being carried out in its name. It follows a groundbreaking first amendment case brought by the Guardian and others in Missouri in May. In tune with many other death penalty states, Arizona has gone to great lengths to hide the provenance and nature of the medical drugs it uses to execute prisoners. Supplies of the medicines have run low in the wake of a worldwide boycott of US executions, and as a result the department of corrections has had to resort to increasingly imaginative sources which it has shrouded in secrecy in an effort to keep supply lines open. But recent botched executions have highlighted the problematic nature of such creative sourcing and secrecy, and the heat has been turned up on death penalty states to subject themselves to more accountability. In Arizona, it took Joseph Wood almost took hours to die from an experimental concoction of midazolam and hydromorphone. Eyewitnesses reported the prisoner gulping more than 600 times. It was later revealed that Wood had been injected with 15 doses of the 2-drug cocktail out of the view of public witnesses to the execution. Use of midazolam in executions in recent months has proved particularly problematic and contentious. It has been associated with gruesome and prolonged deaths in Florida, Ohio and Oklahoma. The Arizona complaint has been joined, in addition to the Guardian and the Associated Press, by 2 of the state's most important newspapers, the Arizona Republic and the Arizona Daily Star. 2 major television channels, KPNX-TV Channel 12 and KPHO Broadcasting Corporation, are also party to the suit. The action is lodged in the US district court in Arizona and is directed against Charles Ryan, director of the department of corrections, and the state's attorney general, Thomas Horne, both in their official roles. The Guardian and fellow plaintiffs are represented by the Media Freedom and Information Access Clinic at Yale law school, with the assistance of Ballard Spahr LLP in Phoenix. Unlike most other lawsuits that have been brought relating to the creeping secrecy that surrounds lethal injection drugs - which have argued the prisoners' constitutional rights have been violated - the Arizona lawsuit starts with the principle that the public has a right to know how capital punishment is being carried out. The complaint argues that "the public cannot meaningfully debate the propriety of lethal injection executions if it is denied access to this essential information about how individuals are being put to death by the state." It says that the established constitutional right of public access to aspects of government procedures means that the state should be obliged to reveal "the source, composition, and quality of drugs, as well as the protocols, that have been or will be used in lethal injection executions and to view the entirety of anexecution". This is the 4th lawsuit that the Guardian has launched against various manifestations of secrecy in the US death penalty. As well as the actions in Arizona and Missouri, there are ongoing legal complaints currently before the courts in Pennsylvania and in Oklahoma, where the state is being challenged for having drawn the curtain halfway through the botched execution of Clayton Lockett in April. (source: The Guardian) From rhalperi at smu.edu Sat Oct 25 14:35:51 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sat, 25 Oct 2014 14:35:51 -0500 Subject: [Deathpenalty] death penalty news----ALA., LA., OHIO, KY., MO., OKLA., USA Message-ID: Oct. 25 ALABAMA: Federal judge again rules man competent to stand trial in 2007 Bessemer bank robbery and teller deaths A man charged in the 2007 shooting deaths of 2 tellers during a Bessemer bank robbery is competent to stand trial, a federal judge ruled Friday. The trial of William Merriweather Jr., who could face the death penalty if convicted, has been delayed more than 7 years as he was evaluated by federal prison doctors and his defense attorneys argued he was incompetent to stand trial. The delays have frustrated families of the 2 tellers and 2 other tellers who were wounded. U.S. District Judge David Proctor had ruled in February 2013 that Merriweather was competent to stand trial. The judge set a trial date, which was then delayed twice as Merriweather's attorneys argued that previously undisclosed nurses notes from his mental evaluation at a federal prison plus a doctors' new concerns deserved new look at competency. Proctor held a second competency hearing this summer, a decision he explained in Friday's ruling. "In light of the belated disclosure of the nurses' notes, (federal prison) Dr. (Christine) Pietz's concerns about Merriweather's mental state, and the fact that this is a capital case, the court found that a supplemental hearing was warranted," he stated. On Friday the judge issued his 124-page ruling denying defense attorney's renewed quest to have Merriweather ruled incompetent. Proctor denied the request, stating: "The record makes it clear that Merriweather has a comprehensive understanding of the criminal trial proceedings: he understands the charges against him; he has the ability to discuss his various options with his lawyers; he can consider options available to him; and he suffers no memory impairment that would make him unable to assist in his defense." A new trial date will be set, Proctor stated in a Friday order. Merriweather ruling Merriweather is charged with 1 count of killing during the commission of a bank robbery and 2 counts of use of a firearm during a crime of violence related to the May 14, 2007 bank robbery. According to prosecutors, Merriweather was wearing a green baseball-style cap, white shirt, tie, and slacks and shoes partially wrapped in electrical tape, when he walked into the Wachovia Bank branch on Ninth Avenue in Bessemer. Minutes later, Merriweather walked out of the bank with $11,255 cash and the bank manager in tow as a hostage. Inside, bank tellers Eva Lovelady Hudson and Sheila McWaine Prevo lay dead and two others, Anita Gordon, Latoya Shaniece Freeman, were seriously wounded. Merriweather didn't make it out of the parking lot after being wounded by a sheriff's deputy. (source: al.com) LOUISIANA: Jefferson Parish sheriff asks federal judge to toss out former death row inmate's lawsuit The Jefferson Parish Sheriff's Office has asked a federal judge to dismiss a lawsuit filed by Damon Thibodeaux, the former Marrero resident who accuses the detectives of violating his constitutional rights by coercing his false confession that landed him on Louisiana's death row. Thibodeaux, 40, who now lives in Minnesota, spent 15 years under threat of execution for his 1st-degree murder conviction in the death of Crystal Champagne. The 14-year-old Westwego girl was strangled with a wire and severely beaten during an attempted rape along the Mississippi River batture in Bridge City on July 19, 1996. Thibodeaux confessed to Sheriff's Office detectives after a 9-hour interrogation that culminated with his 4:20 a.m., statement on July 21, 1996, to then-Sgt. Dennis Thornton. Then 22 and a river boat deck hand, Thibodeaux said that Champagne, his cousin, wanted to have sex with him and that he drove her to the river. During the sex, she said it hurt, and she fought back before he strangled with his hands and finishing her off using a wire he retrieved from his car. "Did it make you mad that she was still moving?" Thornton asked. "I would say that I got scared, so I killed her," Thibodeaux responded. Primary evidence That confession was the primary evidence the Sheriff's Office obtained in leading to Thibodeaux's conviction and death sentence in 1997. Thibodeaux recanted three days after he gave it and asserted his innocence ever since. The Louisiana Supreme Court rejected the coerced confession argument in affirming his conviction and death sentence. But following a 5-year investigation with Innocence Project attorneys that began in 2007, Jefferson Parish District Attorney Paul Connick Jr., concluded he could not have confidence in the confession and volunteered to have Thibodeaux's conviction vacated. Thibodeaux was released from the Louisiana State Penitentiary at Angola on Sept. 28, 2012. Last year, he sued Sheriff Newell Normand, 6 detectives and the Sheriff's Office's insurer in U.S. District Court in New Orleans. His attorneys assert he was intellectually vulnerable and that detectives violated several of his constitutional rights in forcing and tricking him to falsely confess. Thibodeaux seeks unspecified monetary damages. The case is pending before Judge Jay Zainey. 'He was there' Despite Connick's stance, the Sheriff's Office is standing by its investigation and detectives. In fact, the Sheriff's Office does not concede that Thibodeaux was not somehow involved with the crime. During the 1997 trial, Thibodeaux's attorneys argued the confession was coerced. They said nothing about it being false, Sheriff's office attorney Danny Martiny wrote in his request last month to have the lawsuit dismissed. During a deposition he gave July 22 in the federal case, Thibodeaux "admits that this 'false confession' notion was the brainchild of his post-conviction capital defense attorney and came about only as a last resort after the Louisiana Supreme Court affirmed his conviction," Martiny wrote. "This is precisely because his confession is not false." Thibodeaux's deposition testimony contradicts his long-held claims that the detectives fed him details that he "parroted" back in his confession, such as where and how she was killed, Martiny says. Yet, according to the Sheriff's Office, he accurately described those details in his 1996 confession. "Most telling, if not chilling, is that (Thibodeaux) was not 'fed' the information concerning the ligature used to strangle Crystal; rather, (Thibodeaux) was able to accurately state that she was strangled with a wire because there was a wire 'in [his] car,'" Martiny wrote. "No one 'fed' (Thibodeaux) the fact that the ligature was wrapped twice around Crystal's neck and the knot tied on the left side and yet (Thibodeaux) described it perfectly," the sheriff's attorney wrote. "The only conclusion to draw is the obvious one; (Thibodeaux) knew all of these things because he was there." Conflicting views In an Aug. 5 affidavit he provided to the Sheriff's Office, Connick said he concluded following a lengthy investigation that Thibodeaux's confession is "unreliable." But he said he does not blame the Sheriff's Office. "I am of the opinion that Thibodeaux was not illegally coerced or mistreated during his interrogation on July 20-21, 1996, and that the statements he made were freely and voluntarily given," Connick said in the affidavit. "Be that as it may, I concluded that without his confession, the conviction of Thibodeaux could not stand and that, therefore, in the interest of justice, it should be vacated." He said his decision "was based upon my assessment of the state's ability to prove beyond a reasonable doubt every element of the offense charged." The conflict among Jefferson Parish's law enforcement officials appears to underlie the state's ongoing opposition to Thibodeaux's attempts to get money through Louisiana's wrongful conviction compensation fund. He says he's entitled to the maximum $250,000 the state pays to wrongfully convicted people. Attorney General James "Buddy" Caldwell's office, which responds to all compensation requests, has argued in state court in Jefferson Parish that Thibodeaux must prove he is "factually innocent." Otherwise, the assistant attorneys general argue, Thibodeaux is not entitled to compensation. Thibodeaux's attorneys, Herbert Lawson and Sarah Johnson, argue that Connick and a state court judge would not have set a guilty man free. They say Thibodeaux is entitled to compensation. That request is pending in the 24th Judicial District Court. Confession obtained illegally Those attorneys also filed the federal lawsuit. They have not filed their response to the Sheriffs Office's request to have the lawsuit dismissed. In Thibodeaux's lawsuit, the attorneys say the Sheriff's Office knew details in his confession did not match the crime scene. As such, the detectives should have known the confession was false, his attorneys say. During the investigation that began in 2007 and culminated with Thibodeaux's release from prison, attorneys established that the confession was obtained through "means that were unconstitutional and illegal." They point out that there's no physical evidence that links Thibodeaux to the crime, and that experts have concluded that Champagne had not had sex on the day she died. That evidence, they say, debunks Thibodeaux's confession that he not only had intercourse with her before killing her, but that he ejaculated, too. No evidence of semen was found at the scene. A detective speculated that maggots might have eaten it. Martiny, the sheriff's attorney who also is a state senator, argues that the detectives who obtained Thibodeaux's confession followed proper procedure. While he was under questioning, Champagne's battered and mostly nude body was discovered on a concrete slab beside the river under the Huey P. Long Bridge. Detectives continued interrogating Thibodeaux in what had become a murder investigation. 'If I gave them something' In his July 22 deposition, Thibodeaux denies detectives fed him certain details. But he said he felt threatened because he would not give the deputies what they wanted: A confession. "I was not allowed to sleep," he testified "I was not allowed to eat. I was not allowed to leave." And so said he he lied to the detectives. He said he made up a story about having a dream about a black man raping and killing a young girl next to the river. Walter Gorman, then a major who has since retired, "made it pretty clear that I'm, if I didn't (give) him what he wanted, something was going to happen," Thibodeaux testified. Gorman "sat next to me, put his arm around my chair and called me a son of a bitch," Thibodeaux testified. He says the detectives tricked him, saying they had "compelling evidence" proving that he raped and killed the teenager, when, in fact, there was no such evidence other than his false confession. He was told he flunked a polygraph, he testified. He was told the media would not be sympathetic toward him, and that inmates in jail aren't kind to people who rape and kill children, he said. He said Thornton told him that if he did not confess, he'd get the death penalty. And, Thibodeaux testified, the detective described to him how executions are carried out: "They lay you on a table, stick a needle in your, and they give you 3 drugs. One numbs, you, the other one paralyzes you, and the other one stops your organs." He said he confessed. "I thought if I gave them something they'd let me go," Thibodeaux testified. (source: The Times-Picayune) OHIO: Prison reform on Green agenda Anita Rios says running as a 3rd-party candidate for governor comes with a freedom not available to her mainstream rivals. The 60-year-old Green Party candidate from Toledo is using that freedom to do some unconventional things, such as standing up for Siddique Abdullah Hasan and other inmates convicted for their roles in the deadly 1993 Lucasville prison riot. Hasan, sentenced to death as one of the Lucasville 5, will participate by telephone from death row in a campaign event with Rios in Cleveland today, focusing on Ohio's criminal-justice system and what the Greens believe are inherent problems with the death penalty. Of the Lucasville 5, Rios said, "The trial failed to prove beyond a reasonable doubt their guilt. I think that's absolutely a fact." She praises Hasan and the others for showing leadership in quelling a potentially even more violent situation. The 11-day rebellion was the longest deadly prison riot in U.S. history, leaving 10 people dead, including a prison guard. (source: Associated Press) KENTUCKY: Officer quits over destroyed items in slaying A federal judge is weighing whether to dismiss murder charges against 2 men accused of killing a federal informant after a Kentucky state trooper mishandled and destroyed evidence. The trooper has since resigned after admitting he didn't have authorization to dispose of the evidence. U.S. District Judge Amul Thapar has scheduled a hearing on Nov. 3 in Lexington to review the actions of former detective Jeff Senters. The hearing comes in the case of Jimmy D. Benge and Gerald Lee Sizemore. Prosecutors are weighing whether to seek a death sentence for the men if they are convicted of conspiring to kill Eli "Big Eli" Marcum in December 2012. Prosecutors say the pair killed Marcum in Clay County because he gave information to federal investigators about a drug pipeline from Florida. ---- Believing authorities already had the knife used to kill a federal informant, Kentucky State Police Detective Jeff Senters threw out a different knife and a burned phone cable found near the stabbed and torched body of Eli "Big Eli" Marcum. No one witnessed the disposal of the items, and no one authorized it. Senters' actions prompted the former Trooper of the Year to resign and drew the attention of a federal judge, who is considering dismissing charges against three men in a possible death penalty case because potentially exculpatory evidence isn't available for testing. U.S. District Judge Amul Thapar scheduled a Nov. 3 hearing to review Senters' actions and determine if the case should be dismissed. Records obtained by The Associated Press detail how Senters helped gather evidence on a rural ATV trail in southern Kentucky, where he found a knife and a yellow cord near Marcum's remains in December 2012. The records also show, and Senters said, he returned to a witness a cellphone used by Marcum the day of his death without checking the calls made on it, violating state police policy that would require keeping it until the case was over. 2 men, Jimmy D. Benge and Gerald Lee Sizemore, face a possible death sentence if convicted on federal charges of conspiring to kill Marcum because he gave the Drug Enforcement Administration information about a pill pipeline running from Florida to Clay County in the drug-riddled Appalachian area of Kentucky. A 3rd man, Vernon "Red" Delph, pleaded guilty on Oct. 17 to his role in the death and helping dispose of Marcum's remains. Benge is charged with paying Sizemore an undisclosed sum to kill Marcum. Senters, the state trooper, resigned Aug. 16. His phone number could not be found and he did not respond to two letters mailed to his address seeking comment. Marcum went missing in early December 2012. As part of a plea agreement, Delph told prosecutors that Sizemore stabbed and choked Marcum before the 2 men took the body to a rural area and lit it on fire. After family members found Marcum's remains along a dirt road in rural Clay County on Dec. 8, police recovered items at the scene, including a small knife a 1/4-mile from the remains and a partially burnt telephone cord 1 yard from Marcum's head. At an evidentiary hearing in federal court in Lexington in July before he resigned, Senters said the knife and cord were tossed out because they didn't appear to have any connection to Marcum's slaying and he consulted with both the Clay County coroner and the state police DNA analyst before destroying the items on Oct. 1, 2013. Senters said the knife used to kill Marcum appeared to be larger given Marcum's 6-inch puncture wound and the blade found at the scene was small. "And once I called about the cord and what the lab had told me, no, I didn't think that the knife, nor the cord, were valuable - or was valuable in this case," Senters said. In Kentucky, it is a felony to destroy evidence that may be used at trial without a judge's order. At the time Senters destroyed the knife and cord, a Clay County judge had also issued an order requiring the preservation of any evidence in a state case brought against Delph. Defense attorney Kent Wicker said the destroyed evidence could have been used for DNA testing and fingerprinting to explore whether anyone else may have been involved in Marcum's death. Wicker said the phone could have shown who Marcum spoke with in the hours before his disappearance. Assistant U.S. Attorney Jason Parman wrote in court briefs that the items were of little to no evidentiary value and their disposal shouldn't impact the outcome of the case. In an interview in February, a defense investigator asked Kentucky Medical Examiner Dr. John Hunsaker whether, in his opinion, one of 4 knives, including the one Senters identified as the murder weapon, was used to kill Marcum. Hunsaker answered "no." Senters said he didn't know agency policy on getting rid of items collected at a crime scene and thus didn't intend to destroy potentially exculpatory evidence. (source: Associated Press) MISSOURI----impending execution Mark Christeson's Oct. 29th execution scheduled despite grave errors by his former attorneys and severe mental impairment; Activists to hold 11 vigils around the state Missourians for Alternatives to the Death Penalty is asking Governor Nixon to halt the upcoming scheduled execution of Mark Christeson because his federally appointed counsel abandoned him - missing a key filing deadline that forfeited federal review of his case - and then deceived him about the status of his case. Further, MADP is concerned about Christeson's mental competency. Christeson's cognitive struggles are documented from his earliest days in school and include consistent placement in special education, IQ tests in the mid-80's and school achievement tests in the 1st to 3rd percentile. His intellectual impairment no doubt contributed to his inability to protect his rights. Christeson was convicted of the rape and murder of Susan Brouk and her 2 children, Adrian and Kyle. MADP deplores the crimes he is convicted of and the senseless loss of life they represent. We mourn with the family of the victims and remember them in thought and prayer at 11 vigils around the state. Christeson's childhood was marked by violence and sexual abuse in his family home. At age 11 he was removed from his mother's custody and placed in the foster care of his cousin. The family compound on which he lived was notorious for violent fights, drug trafficking, extreme poverty and incest - including sexual abuse of Mark by the man the state entrusted to care for him. Numerous times Christeson attempted to flee his troubled surroundings by running away. "Mark's case is a tragic story on all sides. Our conscience is shocked by his violent acts and the senseless loss of life. But a further look reveals Christeson had been a victim his entire life - surrounded by violence, scarred by sexual abuse and too mentally impaired to understand how he might get out of that life" said Rita Linhardt, Chair of the Board for Missourians for Alternatives to the Death Penalty. "As a society, we failed to protect Mark in his most vulnerable years. Now society wants to fail Christeson again by exacting the ultimate revenge on him. This is not justice for anyone." Missourians will gather around the state for eleven vigils to remember victims of violence and urge the state to not commit another act of violence in their names. (source: Missourians for Alternatives to the Death Penalty) OKLAHOMA: Oklahoma Court of Criminal Appeals postpones all Oklahoma executions----The Oklahoma Court of Criminal Appeals has granted the state's request to postpone all 3 scheduled state executions. The stays push each date back 60 days, putting 2 in January and a 3rd in February. All 3 of the state's scheduled executions have been stayed until 2015, the Oklahoma Court of Criminal Appeals decided Friday. In an Oct. 13 motion, Attorney General Scott Pruitt asked the court to push the executions of Charles Frederick Warner and Richard Eugene Glossip to January in order to give the state Corrections Department time to implement new execution protocol and secure the necessary drugs and medical staff. The motion also asked for a 3rd execution, that of John Marion Grant, to be postponed until February. The court decision places Warner's execution Jan. 15, Glossip's on Jan. 29, and Grant's on Feb. 19. Despite an earlier confirmation from Corrections Department employees that they were prepared to proceed with the executions - the earliest of which was scheduled to take place Nov. 13 - department Director Robert Patton has praised the move. In a news release issued when the Attorney General's office asked for the stay, Patton said: "While we continue to work diligently to meet the mandates of the training required in the protocol, we feel we should not rush the training." State Corrections Department spokesman Jerry Massie declined to comment on the status of any training execution staff are undergoing or whether the state has successfully acquired the necessary drugs and medical staff. Warner originally was scheduled for lethal injection April 29, the same night as Clayton Derrell Lockett. Warner's execution was stayed by Gov. Mary Fallin after problems occurred during Lockett's execution, which lasted 43 minutes and garnered international attention. After Lockett's execution, Fallin ordered the state Public Safety Department to conduct an investigation. The report from that investigation, released in September, found a lack of proper training and back-up planning created a recipe for disaster. The lethal cocktail administered to Lockett collected in muscle tissue in his groin, largely due to an improperly placed IV in his femoral vein. Guided by the state's investigation, the Corrections Department revised its execution protocol, adding contingency plans and training for staff. Some members of the execution team now are required to recieve several weeks of training leading up to each lethal injection, and additional medical equipment to assist in the placement and integrity of the IV and drug lines were added to the execution room. In September, a federal judge questioned whether the state could implement the new protocol and training in time for the executions of Warner and Glossip. "The steps that need to be taken can hardly be completed by (Nov. 13)," U.S. District Judge Stephen Friot said at the time. Friot made the comment during a hearing for a case where 21 death row inmates are seeking to stop the state from executing them in the same manner as Lockett. Dale Baich, 1 of the attorneys representing the inmates, said in an emailed statement the postponements will give them the time necessary to properly litigate the case. "This process will take time, and it is entirely appropriate that the state has proposed to reschedule the execution dates while more information is gathered and improvements to Oklahoma's lethal injection system can be made, in an open atmosphere with public oversight," Baich wrote. Renovations also were made to the state's death chamber in McAlester, by widening the "chemical room," where executioners administer the drugs, and reducing the number of seats for media witnesses from 12 to 5. In a separate court action, the Court of Criminal Appeals on Friday set another execution date. The court ordered Benjamin Robert Cole Sr. to be put to death March 5. Cole was convicted in 2004 of 1st-degree murder for the death of his 9-month-old daughter, Brianna Cole. Claremore police said Cole was playing video games and was distracted by Brianna's crying. Cole flipped the infant over by her legs, tearing her aorta. (source: The Oklahoman) ******************************* Court allows Oklahoma to delay executions due to lack of drugs An Oklahoma court accepted a motion from the state on Friday to delay 3 planned executions so prison authorities can obtain a fresh batch of lethal injection drugs and implement new protocols drawn up after a troubled execution this year. The Oklahoma Court of Criminal Appeals rescheduled the executions of death row inmates Charles Warner, Richard Glossip and John Grant, which were planned for this year. They were delayed by about 2 months each. In September, Oklahoma said it would put in place new execution protocols after a doctor and a paramedic failed nearly a dozen times to place an IV during the April execution of convicted murderer Clayton Lockett. His execution was halted about 15 minutes after it started due to the IV problems, which caused lethal injection drugs to leak into the death chamber. Lockett, who witnesses said was twisting in pain on the gurney, eventually died from drugs that has been absorbed into his tissue. "Given that the torturous execution of Clayton Lockett followed a rush to execute, Oklahoma officials must now take all necessary steps and precautions to ensure that they will be capable of completing a lethal injection execution in a humane and legal manner before any executions may proceed," said Madeline Cohen, an attorney for Warner. (source: Reuters) ********************** Oklahoma death row inmate denied clemency A state board voted unanimously on Friday not to recommend sparing the life of a former Oklahoma City motel manager who is scheduled to die for the 1997 beating death of the motel's owner. The Oklahoma Pardon and Parole Board voted against recommending the governor grant clemency for 51-year-old Richard Glossip, who spoke to the board via a video link from death row at the Oklahoma State Penitentiary in McAlester. Glossip was convicted of 1st-degree murder in the death of Barry Alan Van Treese of Lawton at a west Oklahoma City motel. A co-defendant confessed to beating Van Treese, but said he did so at Glossip's direction. Glossip has maintained his innocence and his attorneys argue that he's been a model prisoner for 17 years. "There's no question that my client never killed anybody," said Glossip's attorney, Mark Henricksen. "He's been a good prisoner, and his life has value. That's why we're asking for clemency." Glossip had been scheduled to die by lethal injection on Nov. 20, but the Oklahoma Court of Criminal Appeals on Friday reset the execution dates of Glossip and two other death row inmates after the state said it needed more time to secure the necessary drugs and train the execution team on new protocols. The court reset Glossip's execution date for Jan. 29. Charles Warner's execution was set for Jan. 15, and John Marion Grant's execution was moved to Feb. 9. Oklahoma has not carried out an execution since the April 29 lethal injection of Clayton Lockett, who writhed and moaned on the gurney before being declared dead 43 minutes after the procedure began. His problematic execution prompted state officials to renovate the death chamber, install new medical equipment and develop new execution protocols. Glossip is among 21 death row inmates who have sued the state seeking to block their executions, arguing that by tinkering with the lethal injection chemicals, the state is experimenting on death row inmates and violating the U.S. Constitution's ban on cruel and unusual punishment. (source: Associated Press) USA: Lethal injections under ethical, legal scrutiny at UR symposium Panelists at a University of Richmond Law Review symposium Friday criticized lethal injection as a flawed and sometimes inhumane death penalty method plagued by transparency issues. They discussed how the frequently used 3-drug combination for lethal injection paralyzes the muscles so those being put to death can't express pain they feel when the drugs are administered improperly. Joel Zivot, a professor of anesthesiology at Emory University School of Medicine, explained that drugs are not made for killing, and that effective drugs are made through testing and patient feedback. "The dead inmates can't complain ... there's no verification process," said Zivot, explaining why lethal injection will always be a flawed method for capital punishment. He said medicine and doctors need to be removed from the death penalty. "I am not an expert in killing," he said. Currently, 32 states, including Virginia, have the death penalty, according to the Death Penalty Information Center. Lethal injection is the primary method of execution in every state. Other panelists echoed Zivot's concerns about lethal injection. The panelists all raised the issue of a lack of government transparency in the lethal injection process. Eric Berger, a professor at the University of Nebraska College of Law, said many states withhold information about the lethal injection process, which he argued infringes on the inmates' Eighth Amendment right to legally fight against "cruel and unusual punishment." "Secrecy is proven to be a successful litigation strategy," Berger said. Panelist Deborah W. Denno, a law professor at Fordham University's School of Law, said she believes death by firing squad is more humane than lethal injection. Berger suggested that supporters of the death penalty support lethal injection because it appears to be a bloodless and humane method. Zivot echoed that argument. "The cruelty of it all has been hidden from you, but I assure you the cruelty is there," Zivot said. The event at the University of Richmond also included discussions about the politics and future of the death penalty. Among the panelists was Frank Green, a reporter for the Richmond Times-Dispatch, who has witnessed about a dozen executions as a media representative. Former Virginia Attorney General Mark L. Earley said his perspective on criminal justice changed from punitive to rehabilitative after working with prisoners as the president of the Prison Fellowship. As a state senator, Earley said he fought for tougher sentencing, abolishing parole and lowering the age of juveniles who are tried as adults. Now, he supports diverting nonviolent offenders and people with drug problems to rehabilitation programs. "I see the 2nd half of my life as correcting what I did with the 1st half of my life," said Earley, a panelist for Friday's discussion on the politics of the death penalty. He said many prisoners he met in crowded prisons had mental health or substance abuse problems. He recalled one visit in western Michigan, when he saw a whole wing of the prison dedicated to heavily medicated prisoners with visible mental health problems. He said he thought at the time, "This is not the place for them." (source: Richmond Times-Dispatch) From rhalperi at smu.edu Sat Oct 25 14:37:22 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sat, 25 Oct 2014 14:37:22 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 25 SOUTH KOREA: In abuse case, death penalty is requested Military prosecutors yesterday sought the death sentence for an Army sergeant, only identified as Lee, 26, who is charged with leading a group of soldiers in the systematic abuse of a young conscript that ultimately resulted in his death. Prosecutors also requested life sentences for 3 of his accomplices. "Given the combination of evidence, we have concluded that the convict [Lee] can be charged with murder," the prosecution stated yesterday at the military court in Gyeonggi. 4 soldiders in the Army's 28th Infantry Division were charged on Sept. 2 for murder after it was discovered in July that they had attempted to cover up the details of the private's death. The young conscript, surnamed Yun, died April 6 after enduring extreme physical and sexual abuse by his superiors. Investigators concluded last month that his death was caused primarily by crush syndrome, which results from major trauma to skeletal muscle, and secondary shock from prolonged violence. (source: Korea Joongang Daily) PAKISTAN: Petition to overturn Asia Bibi's death penalty surpasses 200,000 signatures A petition on Change.org appealing for Asia Bibi's death sentence to be overturned has attracted more 230,000 signatures. Bibi's death sentence for blasphemy was upheld by a court in Pakistan last week, prompting outcry from the country's persecuted Christian minority. She was sentenced to death in 2010 under Pakistan's draconian blasphemy laws after colleagues accused her of insulting the Prophet Muhammad during an argument. Bibi's lawyers have said they will appeal the ruling and it will be down to the Supreme Court to decide if she will be executed or not. So far, no one sentenced to death for blasphemy in Pakistan has had their sentence carried out. The #SaveAsiaBibi petition was started by Emily Clarke, the same person who started the #SaveMeriam petition on Change.org in support of Sudanese Christian Meriam Ibrahim which gained over a million signatures. The Daily Mail reported this week that Bibi's 2 young daughters, Esham and Esha Masih, were abused by the same religious fanatics who led the charge against their mother. They told the paper that when the allegations were first brought against Bibi, angry villagers turned up at their house and beat members of the family, even tearing off Bibi's dress. Esham, now 14, told the Daily Mail: "I still dream of the day she was tortured and arrested. I could not sleep properly. The angry men came back and started torturing us both and tore down her clothes again." She added: "They dragged her to the centre of the village. We both were crying but there was nobody to listen to us. "After half an hour or so, the police came and my mother asked me to go and find my father, who was hiding at my uncle's house. But he was too terrified to leave. I ran back and by that time police had taken my mother away." The situation for Christians in Pakistan is precarious because of the blasphemy laws. Human rights groups say they are frequently misapplied to persecute Christians, settle personal vendettas or seize their property. When a Christian is accused of blasphemy, their families often have to go into hiding because of the threat of violent mobs. Even Christians who are acquitted of all charges in the courts have to go into hiding straight after their release from prison because of the threat to their lives. 2 high profile politicians who spoke up in defence of Asia Bibi were both assassinated in 2011. Salman Taseer, the Governor of Punjab, was killed by his own bodyguard, and Minorities Minister Shahbaz Bhatti was killed by members of the Pakistani Taliban. Last month, a police officer shot and killed Christian pastor Zafar Bhatti in a Rawalpindi prison where he was being held on a blasphemy charge. Bhatti was accused in 2012 of sending insulting remarks about the Prophet Muhammad's mother in text messages, but family members said the police investigations showed the phone to be registered to someone else. Muhammad Asghar, a 70-year-old from Edinburgh sentenced to death in January for blasphemy, was injured in the attack. (source: Christian Today) IRAN----female execution Reyhaneh Jabbari was Hanged this Morning----Despite several months of international calls for halting Reyhaneh's death sentence, Iranian authorities executed Reyhaneh Jabbari early this morning. Iran Human Rights strongly condemns Reyhaneh Jabbari's execution. The 26 year old Iranian woman, Reyhaneh Jabbari was hanged in the Rajaishahr prison of Karaj early this morning, reported the Iranian state media. She was sentenced to "qesas" (retribution in kind) for murdering "Morteza Abdolali Sarbandi" in 2007, reported the state run Fars news agency. Reyhaneh had claimed that she stubbed Mr. Sarbandi in self defence. In the past months Iran Human Rights (IHR) together many other human rights groups and the UN Special Rapporteur Ahmed Shaheed had called for a halt of the execution and providing her a fair trial. IHR strongly condemns Reyhaneh Jabbari's execution. Mahmood Amiry-Moghaddam, the spokesperson of IHR said: "We send our condolences to Reyhaneh's family and everyone who made an attempt to stop this execution. Like many others who are executed in Iran, Reyhaneh was not subjected to a fair trial and due process. Through the inhumane "qesas" law, the Iranian authorities try to put the responsibility of the execution on the family of the murder victim, but it is the Iranian Supreme leader Ali Khamenei and the Judiciary who are responsible and must be held accountable for the execution of Reyhaneh and hundreds of other executions every year". Background: Reyhaneh Jabbari, aged 26, was arrested in 2007 for the murder of Morteza Abdolali Sarbandi, a former employee of Iran's Ministry of Intelligence. Following her arrest, Reyhaneh Jabbari was held in solitary confinement for 2 months in Tehran's Evin Prison, where she did not have access to a lawyer or her family. Reyhaneh confessed that to the murder immediately after her arrest, though she did not have a lawyer present at the time she made her confession. She stated that the murder took place in self-defence. Reyhaneh Jabbari was sentenced to death under qesas ("retribution-in-kind") by a criminal court in Tehran in 2009. The death sentence was upheld by the Supreme Court the same year. Reyhaneh's case has attracted much attention inside and outside Iran and her scheduled execution has been postponed twice on April 15 and September 29. (source: Iran Human Rights) ****************************** Text of Reyhaneh Jabbari's will in a voice message to her mother Reyhaneh Jabbari, the Iranian woman who was hanged today by the Iranian regime's henchman after 7 years imprisonment had released her will in a voice message. In a heart-rending message to her family in April - beginning with her mother Sholeh - 26-year-old Reyhaneh Jabbari tells how she trusted the law, but has faced death for the crime of defending herself against an agent of Iranian regime's intelligence who tried to abuse her. English translation of Reyhaneh Jabbari's will Dear Sholeh, today I learned that it is now my turn to face Qisas (the Iranian regime's law of retribution). I am hurt as to why you did not let me know yourself that I have reached the last page of the book of my life. Don't you think that I should know? You know how ashamed I am that you are sad. Why did you not take the chance for me to kiss your hand and that of dad? The world allowed me to live for 19 years. That ominous night it was I that should have been killed. My body would have been thrown in some corner of the city, and after a few days, the police would have taken you to the coroner's office to identify my body and there you would also learn that I had been raped as well. The murderer would have never been found since we don't have their wealth and their power. Then you would have continued your life suffering and ashamed, and a few years later you would have died of this suffering and that would have been that. However, with that cursed blow the story changed. My body was not thrown aside, but into the grave of Evin Prison and its solitary wards, and now the grave-like prison of Shahr-e Ray. But give in to the fate and don't complain. You know better that death is not the end of life. You taught me that one comes to this world to gain an experience and learn a lesson and with each birth a responsibility is put on one's shoulder. I learned that sometimes one has to fight. I do remember when you told me that the carriage man protested the man who was flogging me, but the flogger hit the lash on his head and face that ultimately led to his death. You told me that for creating a value one should persevere even if one dies. You taught us that as we go to school one should be a lady in face of the quarrels and complaints. Do you remember how much you underlined the way we behave? Your experience was incorrect. When this incident happened, my teachings did not help me. Being presented in court made me appear as a cold-blooded murderer and a ruthless criminal. I shed no tears. I did not beg. I did not cry my head off since I trusted the law. But I was charged with being indifferent in face of a crime. You see, I didn't even kill the mosquitoes and I threw away the cockroaches by taking them by their antennas. Now I have become a premeditated murderer. My treatment of the animals was interpreted as being inclined to be a boy and the judge didn't even trouble himself to look at the fact that at the time of the incident I had long and polished nails. How optimistic was he who expected justice from the judges! He never questioned the fact that my hands are not coarse like those of a sportswoman, especially a boxer. And this country that you planted its love in me never wanted me and no one supported me when under the blows of the interrogator I was crying out and I was hearing the most vulgar terms. When I shed the last sign of beauty from myself by shaving my hair I was rewarded: 11 days in solitary. Dear Sholeh, don't cry for what you are hearing. On the first day that in the police office an old unmarried agent hurt me for my nails I understood that beauty is not looked for in this era. The beauty of looks, beauty of thoughts and wishes, a beautiful handwriting, beauty of the eyes and vision, and even beauty of a nice voice. My dear mother, my ideology has changed and you are not responsible for it. My words are unending and I gave it all to someone so that when I am executed without your presence and knowledge, it would be given to you. I left you much handwritten material as my heritage. However, before my death I want something from you, that you have to provide for me with all your might and in any way that you can. In fact this is the only thing I want from this world, this country and you. I know you need time for this. Therefore, I am telling you part of my will sooner. Please don't cry and listen. I want you to go to the court and tell them my request. I cannot write such a letter from inside the prison that would be approved by the head of prison; so once again you have to suffer because of me. It is the only thing that if even you beg for it I would not become upset although I have told you many times not to beg to save me from being executed. My kind mother, dear Sholeh, the one more dear to me than my life, I don't want to rot under the soil. I don't want my eye or my young heart to turn into dust. Beg so that it is arranged that as soon as I am hanged my heart, kidney, eye, bones and anything that can be transplanted be taken away from my body and given to someone who needs them as a gift. I don't want the recipient know my name, buy me a bouquet, or even pray for me. I am telling you from the bottom of my heart that I don't want to have a grave for you to come and mourn there and suffer. I don't want you to wear black clothing for me. Do your best to forget my difficult days. Give me to the wind to take away. The world did not love us. It did not want my fate. And now I am giving in to it and embrace the death. Because in the court of God I will charge the inspectors, I will charge inspector Shamlou, I will charge judge, and the judges of country's Supreme Court that beat me up when I was awake and did not refrain from harassing me. In the court of the creator I will charge Dr. Farvandi, I will charge Qassem Shabani and all those that out of ignorance or with their lies wronged me and trampled on my rights and didn't pay heed to the fact that sometimes what appears as reality is different from it. Dear soft-hearted Sholeh, in the other world it is you and me who are the accusers and others who are the accused. Let's see what God wants. I wanted to embrace you until I die. I love you. Reyhaneh, April 1, 2014 (source: NCR-Iran) ********************************* Execution of young woman a bloody stain on Iran's human rights record The execution of Iranian Reyhaneh Jabbari who was convicted after a deeply flawed investigation and trial is an affront to justice, said Amnesty International today. Reyhaneh Jabbari, 26, was executed in a Tehran prison this morning. She had been convicted of killing of a man whom she said tried to sexually abuse her. "The shocking news that Reyhaneh Jabbari has been executed is deeply disappointing in the extreme. This is another bloody stain on Iran's human rights record," said Hassiba Hadj Sahraoui, Amnesty International's Deputy Director for the Middle East and North Africa Programme. "Tragically, this case is far from uncommon. Once again Iran has insisted on applying the death penalty despite serious concerns over the fairness of the trial." Amnesty International believes that the death penalty is an abhorrent form of punishment and should never be used under any circumstances. More information: Next week Iran will hear recommendations from UN member states during it's UN Universal Periodic Review. Amnesty International is calling on states to use this opportunity to strongly condemn Iran's use of the death penalty. (source: Amnesty International) *********************************************** Iran executes Reyhaneh Jabbari despite international opposition Iran has executed a woman despite an international campaign to halt her hanging. In a trial termed as a flawed and unfair, Reyhaneh Jabbari was convicted of murdering a man who attempted to rape her. 26-year-old Reyhaneh Jabbari was hanged at dawn, according to IRNA, Tehran's official news agency which quoted the prosecutor's office. A Facebook page dedicated to campaigning for Jabbari posted the message "Rest in Peace," following the execution of the sentence. Tehran was due to execute Jabbari on September 30, but postponed carrying out the death penalty for some days. Reyhaneh Jabbari's mother visited her daughter in prison on Friday, October 24. This is a customary practice which precedes executions in Iran, Amnesty International said, on Friday, again calling on Iran to reverse the sentence and give her a retrial. Reyhaneh Jabbari, an interior designer by profession, was arrested in 2007 following the stabbing of Morteza Abdolali Sarbandi. Jabbari says she acted in self defense and that the victim, a Ministry of Intelligence employee Morteza Abdolali Sarbandi, had tried to sexually assault her. Ahmed Shaheed, the UN's human rights rapporteur in Iran confirmed earlier this year that Sarbandi had hired Jabbari to redesign his office, but took her to an apartment instead and sexually abused her. The victim's family, however, insists that Jabbari had planned the murder; while on trial, she confessed to buying a knife 2 days before the killing. Unfair trial Following her arrest, Jabbari was held in solitary confinement and had no access to her lawyer or her family for 2 months. She was allegedly tortured during this period, according to a statement by Amnesty International. She was convicted of murder by a criminal court in Tehran in 2009. Her lawyer sought a review of her sentence in the Supreme Court, which upheld her execution in 2014. The sentence was then passed on to the Office of Implementation of Sentences in Tehran which allowed the family of the victim to request her execution any time. The UN and other international rights groups insisted that Jabbari's confessions were obtained after pressure and threats from Iranian prosecutors and that she had had no chance of a fair trial. In its statement, Amnesty said that Sarbandi's connections with the Ministry of Intelligence may have been a reason for authorities to avoid a just investigation into the murder. The authorities allegedly told Jabbari that she would be awarded clemency if she agreed to replace her lawyer with someone introduced to her by the authorities. Efforts to grant Reyhaneh Jabbari a pardon had intensified in the last couple of days. The United States and European Union leaders demanded a repeal of her sentence, to no avail. (source: Deutsche Welle) BAHRAIN/SAUDI ARABIA: Thousands of Bahrainis protest Saudi death sentence against Sheikh Nimr Demonstrators in Bahrain have taken to the streets in support of prominent Saudi Shia cleric Sheikh Nimr Baqir al-Nimr, who has been sentenced to death by Riyadh. On Friday, protesters in the coastal village of Malikiyah and on the island of Sitra condemned Saudi Arabia for sentencing the dissident cleric to death and demanded his release. On October 15, a Saudi court handed down the death penalty to Sheikh Nimr after convicting him of sedition. The cleric was attacked and arrested in July 2012, accused of delivering anti-regime speeches and defending political prisoners. In reaction to the sentence, people took to streets in the Saudi city of Qatif to condemn the move. There have also been demonstrations in other countries. On Friday, a senior Iranian cleric warned Saudi Arabia against executing the death sentence. "We warn Saudi Arabia...that this government will pay a heavy price for a [possible] execution of a Shia cleric," Ayatollah Mohammad Ali Movahhedi Kermani told worshippers at the weekly Friday prayers in Tehran. Human rights activists say the sentence issued for Sheikh Nimr was politically motivated. Amnesty International has denounced the verdict, calling it "appalling". Rights groups say Bahrain and Saudi Arabia are committing systematic human rights abuses. (source: Ahlul Bayt News Agency) From rhalperi at smu.edu Sun Oct 26 13:59:44 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sun, 26 Oct 2014 13:59:44 -0500 Subject: [Deathpenalty] death penalty news----FLA., KY., ARK., COLO., CALIF., USA Message-ID: Oct. 26 FLORIDA: Execution delay inspired Sheldon to run George Sheldon says he was persuaded by the actions of 1 person to run for attorney general: Pam Bondi, the incumbent Republican. Last September, Bondi caused the delay of an execution that was scheduled for the same evening as her re-election kickoff fundraiser in Tampa. Gov. Rick Scott postponed the state-imposed death of convicted murderer Marshall Lee Gore at Bondi's request, moving it from Sept. 10 to Oct. 1. Bondi since has apologized. At the time, Sheldon, a Democrat, was acting assistant secretary for children and families in the U.S. Department of Health and Human Services under President Barack Obama. "No matter how you feel about the death penalty, there's no more serious, solemn responsibility than to take a human life," said Sheldon, who also served as deputy to former Florida Attorney General Bob Butterworth. "To do that without thinking about the victim, without thinking about the message you were sending, ... that was the crowning blow," Sheldon said. "Look, I had a pretty good job in Washington." Sheldon has a long resume as a public servant: An aide to Democratic Sen. Reubin Askew, who later became Florida's governor; a state representative from Tampa in the 1970s; the secretary of the Department of Children & Families under then-GOP Gov. Charlie Crist. He was born in Wildwood, New Jersey, but grew up in Plant City, eventually getting his undergraduate and law degrees from Florida State University. His platform is to make the office even more of a champion for consumers and to take politics out of the decision-making - as he puts it, "to be the lawyer of all the people." He disagrees with Bondi's active opposition to the Affordable Care Act and medical marijuana, for instance. "Having been deputy attorney general, I know what that office can do," Sheldon said. "While I was in Washington, we dealt with a lot of different issues, like children coming across our southern border. I traveled around the country a lot and saw states and the federal government working together. "We worked with conservative governors who accepted Medicaid expansion because it was the right thing for their states," he said. "I looked at my home state and I saw this failure to recognize that 90 % of government is making the trains run on time and how to find common ground. "I was fundamentally disagreeing with where Scott and Bondi were taking Florida," said Sheldon, the last of 6 children and the only one to attend college. In the latter half of the 20th century, "so many things were put in place, like growth management, the Sunshine Amendment, financial disclosure, ensuring the independence of the judiciary - and then really seeing all of that unwoven," he said. "There's a certain idealism about government that we need to get back to." This month, Sheldon sued Scott over his personal finances, saying the governor should "fully disclose all his assets and investments" instead of using a blind trust, as allowed under state law. That suit is pending. Another Askew confidante, former chief of staff Jim Apthorp, lost a legal challenge to the blind trust law but is appealing. Sheldon also was the target of a recent lawsuit. A Miami lawyer challenged his qualifications to seek the office of attorney general, saying that because Sheldon lived and worked in Washington for 2 years, he didn't meet the state constitutional requirement of 7 years' residency before election. A Tallahassee judge ruled that Sheldon's D.C. sojourn for work didn't disqualify him, finding that he never gave up his legal residency here and continued to own a home in the state. On other issues, Sheldon doesn't buy Bondi's statement that she's simply following her oath of office in her defense of the state's same-sex marriage ban. "She's trying to have it both ways," he said. "If you read her initial draft, it was so rhetorical. ... It articulated a philosophy about the dangers of gay marriage to our society. "She says she's only doing her duty, that she's not going to be intimidated by the press," he said. "To say she has gay friends, I heard that in the '60s and '70s, except it was, 'I have black friends.'" Sheldon says he's "under no illusions" about the race; Bondi is beating him handily in the polls and at fundraising. But he recalls a piece of advice from Gov. Askew, given to him decades ago. "He told me, 'George, just remember the right thing to do is also the politically right thing to do.' I believe that to this day." (source: Tampa Bay Online) KENTUCKY: Trial date set for men charged in slaying of Lexington man 2 men are scheduled to stand trial next year in the death of a Lexington man whose body was found in a barrel on the banks of the Kentucky River. Media reports say Robert Markham Taylor and Timothy Curtis Ballard will face a jury trial starting Oct. 5, 2015, in the beating death of Alex Johnson. Taylor is charged with murder, kidnapping and tampering with physical evidence. Ballard is charged with kidnapping, tampering with evidence and being a persistent felon. Taylor's attorney asked for at least a year to prepare for the trial, because Taylor could get the death penalty if convicted. Johnson, a chef at the University of Kentucky, went missing Dec. 20, 2013, soon after hanging up the phone with his girlfriend when he heard a knock at the door. (source: Associated Press) ARKANSAS: Fort Smith Historic Site takes nooses off gallows The thick rope nooses no longer swing from the gallows near downtown Fort Smith, yet they still play a role in area history. Officials with the Fort Smith National Historic Site no longer display the ropes similar to the ones used by Judge Isaac C. Parker's court to hang convicted criminals for anniversary programs at the park's gallows. Instead, Fort Smith National Historic Site park rangers are using the nooses as interpretive and educational props during visitor programs inside Parker's courtroom, 301 Parker Ave., the Times Record reported (http://bit.ly/1ouR6KE ). "Before, we would have the nooses displayed (at the gallows), but only on anniversary programs of executions," said Michael L. Groomer, chief of Interpretation and Resource Management for the Fort Smith National Historic Site. "It would be at 2 p.m. in July back then, and the noose would be hanging there, almost staring at the visitors. Suddenly, the noose became something that overshadowed the program. "It was almost as if it didn't matter what the ranger said, because people would only focus on the noose," he added. "But the story is so much bigger than the noose. Yes, the noose was one of the tools with Judge Parker's courtroom, but not everything ended with a noose." Groomer said the plan to stop displaying the nooses at the gallows for anniversary programs wasn't based on a safety concern. "Since the nooses were only displayed for anniversary programs, and not all of the time, there wasn't the thought that the nooses were a safety concern," he said. Visitors both from the area and from other states and countries often are surprised to learn that of the 13,000 cases Parker presided over, only 116 of those cases resulted in a sentence that called for hanging, Groomer said. "And of those 116 cases, only 79 were actually hanged," he said. "And contrary to what some people believe, none of those hanged were women or children." Though 4 women were sentenced to hanging, none was executed. Two had their sentences commuted to life in prison by the president; 1 had her sentence commuted by the Supreme Court; and one received a new trial and was acquitted, information on the national park website states. By showcasing the nooses inside the court for visitors, officials at the Fort Smith historic site hope to shift much of the public's attention to the trials, as well as the stories behind those trials. Lisa Confrad Frost, Fort Smith National Historic Site superintendent, said this shift in visual presentation will present a more accurate - and ultimately more satisfying - experience for those who attend the park, which sees about 87,000 visitors annually. "The stories about and behind the executions hold such a deep meaning," she said. "The nooses are a part of that, but we want the tools to help people make a deeper connection with the great history we have here." The plan to stop showcasing the nooses at the gallows for anniversary programs stemmed in part from some of the public's comments, Groomer said. Parker was against the death penalty, a fact that also comes as news to many park visitors, Groomer said. "Judge Parker only let the hangings be carried out because it was the law," he said. "There were only 2 reasons why someone was hanged - for murder and for rape, or what we say are crimes against women when we have school groups here." School groups and other visitors are first taken into the courtroom, where they "learn the whole story" behind the trials, convictions and executions, Groomer said. "They learn about the families involved and much more; it's the full context of the story," he said. "The noose still is important - we let people see it, and they can touch it here in the courtroom - but there's much more." Groomer said he, Frost and their co-workers undergo a "facilitated dialogue"-type interaction with visitors. "With that, we ask people, 'What are your thoughts on the trial?'" he said. "We encourage people to ask questions because people have different ideas about the judicial system." By demonstrating the nooses only in the courtroom, Fort Smith National Historic Site officials also hope to dispel myths that surround the park and Fort Smith, Groomer said. "I once heard a man say, 'I heard that Judge Parker hanged a child for stealing a loaf of bread,' but that isn't true," he said. "And there's the rumor that Judge Parker would watch the hangings from his office window, but that simply isn't true. Judge Parker's office window was completely on the opposite side of the grounds, facing (north), and he didn't watch the executions." Pat Schmidt, a park ranger at the Fort Smith National Historic Site, said she hopes visitors learn how Parker's rulings and beliefs continue to shape many areas of the judicial system. Some of those cases involved claims and rulings of self-defense, which inspired lawmakers and prosecutors to re-evaluate the realms of self-defense and other areas, she said. "Judge Parker's influence continues today, and it's exciting to see people today make that connection," Schmidt said. Frost said by giving more focus to Parker's cases and less focus on the actual noose ropes, the park's programs can continue to grow and help attract more individuals, families and groups to the park. "We want people to say, 'I went to Fort Smith, and now I know why Congress set that place aside as a special place,'" she said. Groomer nodded in agreement. "Yes, absolutely," he said. "May they never say, 'I went to Fort Smith, and all I saw was a noose.'" (source: Associated Press) COLORADO: Holmes' attorney says he could've done more to keep convict off death row in other case The lawyer who defended Sir Mario Owens says he could've done more to keep him off death row in Colorado. The same lawyer is now the lead attorney for James Holmes, who is also facing the death penalty. Dan King's surprising testimony took place Friday. Owens is on death row and out of legal appeals. He was convicted, along with Robert Ray, for the double murders of Javad Marshal Fields and Fields' fiancee Vivian Wolfe in 2005. Owens public defenders are now trying to convince a judge the convict had inadequate defense counsel at his original trial. Owens' lead attorney in 2008 was Dan King, chief trial deputy for the state public defenders' office. "Dan King is looking back on his trial and he's saying 'yes, I made mistakes,'" says criminal defense attorney David Beller. King is lead attorney for Aurora Theater shooting suspect James Holmes. King testified Friday that he was not properly qualified to defend Owens, blaming mistakes in judgment, strategy and lack of experience. He says he was given inadequate time, resources and personnel form the office of public defender to mount an effective defense. "When you are looking at the execution of your former client the defense attorneys are willing to blame themselves to avert that," says criminal defense attorney Christopher Decker. "The judge has to look at Dan King's testimony and either decide that Dan King did not make any mistakes of if he did make mistakes that those mistakes would have led to a different trial ruling," David Beller says. Decker adds that King's team is trying to get a new trial for Owens. "I think it unveils some of the realities that are occurring in each and every one of the Holmes proceedings because every time the defense says we need more time to review materials we need more resources to get experts." They're already laying the foundations for a Holmes appeal. The Aurora theater shooting trial is tentatively scheduled to begin in late January and those same questions about a lack of resources and time for the public defenders' office will almost certainly be brought up again by the man leading his defense. (source: KDVR news) *********************** Students to explore, debate death penalty issues----DA to speak at open forum Nov. 5 One of the goals of Northeastern Junior College's new criminal justice coordinator, Dante Penington, had when he first came to campus was to bring real world experiences to the classroom. With that in mind the college's Criminal Justice Club will be a sponsoring a, "Death Penalty, Exploring the Issues," open forum event Wednesday, Nov. 5. Open to the public, the open forum will start at 2 p.m., in the Hays Student Center Ballroom, which is located on the second floor of the building. It will follow a death penalty debate between the Criminal Justice Club and Philotopia, the college's philosophy club, 4 p.m., Monday, Nov. 3, in the Tennant Art Gallery at Hays Student Center. That event is also open to the public. During the open forum, District Attorney Birttny Lewton will discuss the death penalty and the issues surrounding it. Born in Denver, Lewton was raised by her mother and grandparents after her father passed away when she was a toddler. After graduating from Colorado State University, she moved to Laramie, Wyo., where she received her Juris Doctor from the University of Wyoming School of Law. Lewton worked as a prosecution intern in the Cheyenne District Attorney's Office and the Albany County Attorney's Office. She began her career with the 13th Judicial District Attorney's Office as an intern and was hired full-time in 2005. Over the next 8 years, she served as lead drug and sexual assault prosecutor before being promoted, first to Chief Deputy and then to Assistant District Attorney. Lewton was elected District Attorney in November 2012, in an uncontested race as a republican. At this time, she is the 2nd youngest District Attorney statewide and the first female to serve as District Attorney in the 13th Judicial District. When not at the office, she spends her time with her husband, Brian, and their 2 children. Although Brian is the farmer of the family, Brittny has been known to run a combine from time to time. As this will be an open forum event, audience members are invited to bring any questions they may have about the death penalty. November will be a very busy month for the criminal justice students. In addition to the debate and open forum, on Friday, Nov. 7, at 10 a.m. the Sterling Police Department will present a demosntration on how police dogs work, in the Hays Student Center Ballroom. The public may come and observe this presentation. Additionally, on Nov. 12, Sterling Correctional Deparment officer Jeff Quinlin will be speaking to the Intro to Criminal Justice Class. Students in the program will travel to Canon City to do a prison tour on Nov. 18. Last but not least, a mock trial will be held on Thursday, Nov. 20, at 6 p.m., n the Hays Student Center, Room 230. This event will be open to the public. More details will be forthcoming between now and then. For more information about these events, or the criminal justice program at NJC, contact Penington at 970-521-6704. (source: Journal-Advocate) CALIFORNIA: Suspect in California shootings that left 2 deputies dead previously deported twice A Utah man was charged with carrying out a crime spree in Sacramento that killed 2 California sheriff's deputies and wounded a 3rd, law enforcement officials said on Saturday. A 4th victim, a motorist who was shot in the head, remained hospitalized Saturday, officials said. Marcelo Marquez, 34, of Salt Lake City, was booked into Sacramento County Jail early Saturday and faces 2 counts of murder, 2 counts attempted murder and carjacking charges, a sheriff's spokesman said. The suspect's female companion, Janelle Marquez Monroy, was also arrested and charged with attempted murder and carjacking, according to online jail records. Marquez had twice been deported to Mexico, in 1997 for a narcotics charge and in 2001 for an unspecified charge, according to Virginia Kice, spokeswoman for U.S. Immigration and Customs Enforcement. Federal officials on Saturday issued an immigration detainer, asking that Marquez be transferred to their custody when he is released by local authorities "so ICE can pursue removal." Marquez was accused of staging a crime spree Friday that stretched from Sacramento to the town of Auburn about 35 miles away, prompting a massive, multi-agency police response and forcing the lockdown of schools and businesses. The incident began in the parking lot of a Motel 6, when veteran Sacramento Deputy Danny Oliver, 47, approached a vehicle considered to be suspicious, said Sacramento County Sheriff Lieutenant R.L. Davis. Someone inside the car fired multiple rounds at Oliver, who was struck in the chest. He was pronounced dead at the University of California, Davis, Medical Center in Sacramento. After shooting Oliver, Marquez, accompanied by his female associate, carjacked a motorist, shooting him in the head when he resisted, authorities said. The victim, Anthony Holmes, 38, was recovering at U.C. Davis Medical Center, the Sacramento Bee reported. The pair then stole a 3rd vehicle, a 2002 red Ford F-150 pickup truck, and are believed to have crossed into neighboring Placer County, shooting 2 sheriff's deputies there, Davis said. 1 of the deputies, 42-year-old Michael David Davis Jr., later died, the sheriff's office said. A somber procession on Saturday transported Davis' body to a funeral home, according to the department's official Facebook page. Davis was a 15-year veteran with the department and died 26 years to the day after his father and namesake, Michael David Davis, was killed while on duty as a sheriff's deputy in southern California, officials said. A 3rd law enforcement officer, Placer Deputy Jeff Davis, was shot in the arm and treated at a local hospital, the department said. Marquez surrendered around 4 p.m. local time after holing up in a house, the Sacramento sheriff's department said. Both suspects were to be arraigned this week, Sacramento and Placer officials said. (source: Reuters) USA: Poll: Republican Support for Death Penalty Drops 9 Points Since Gallup first started asking about people's views on the death penalty in 1937, Americans have on all but one occasion favored the practice. Nonetheless, it has been a controversial issue in society, with the divide especially pronounced between Democrats and Republicans. The former have tended to oppose the practice, while the latter, for the most part, have supported it. Increasingly, however, we're seeing a growing divide on the Right over capital punishment - a debate that intensified after the botched execution of Clayton Lockett in Oklahoma earlier this year. While 63 % of Americans still favor the practice, according to a new Gallup poll, Republican support for the practice is down nine points from when the organization asked the same question 20 years ago. More interesting though is the fact that support among Republicans dropped 5 percentage points in just 1 year. "I personally favored the death penalty until I took a closer look and realized it simply could not coexist with my conservative values," Marc Hyden, national coordinator for Conservatives Concerned about the Death Penalty, said in a statement. "I have traveled across the country talking to thousands of conservatives over the last year. Many of them have changed their views and many more are voicing strong concerns." 18 states, plus the District of Columbia, have abolished the death penalty, while 32 states, the federal government, and the U.S. military allow the practice. (source: townhall.com) From rhalperi at smu.edu Sun Oct 26 14:00:52 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Sun, 26 Oct 2014 14:00:52 -0500 Subject: [Deathpenalty] death penalty news----worldwide----IRAN, PAKIS., INDIA Message-ID: Oct. 26 IRAN----execution A prisoner hanged in Amol A 35-year-old man, from Amol city, who had been charged with murder, was hanged on Friday October 24th. According to HRANA report quoted Roozeno, (H. S.), 35 years old from Amol city, accused with murder was hanged in A'mol prison's yard on Friday morning. H. S. was charged in 2008 of killing his friend (D. R.) due to some moral issues. Ali Talebi General and Islamic Revolution persecutor of A'mol city confirmed the news and said the warrant was executed on Friday morning. (source: Human Rights Activists News Agency) ********************* Iran Capital Punishment Still A Major Controversy In a world where many types of capital punishment are considered wrong, Iran's capital punishment continues to hit an all time high with people everywhere as it causes major controversy, and is still something people continue to fight against. The most recent hanging of a woman who claimed self defense has aggravated Iranian residents, human rights groups, and many citizens of other countries. As the capital punishment of hanging has been around in Iran for a long time, the way that the country goes about it seems to be a bit lenient. On Saturday in Tehran a woman named Reyhaneh Jabbari was executed after trial for killing a man in self defense. She claimed that the man, a doctor and former intelligence agent, was trying to rape her when she attacked and killed him. Though the court stated that the evidence proved that Jabbari had planned to kill the man, as she stabbed him in the back after buying a knife two days earlier. She was sentenced to be hanged but the issue raised much concern, pulling in governments of other countries such as Germany, the United States, Britain and other European countries, who ordered the Iranian government to stop the execution as they worked to prove that the trial against the woman was fair. However, despite negations from these countries, as well as human rights groups, the Iranian government executed Jabbari by hanging. As hanging is the form of capital punishment in the country, it has always received disapproval from other countries and human rights groups. Though hanging has previously been a form of punishment for crimes in the countries who object, such as the United States and Britain, the trials were almost always considered fair and the executions considered quick and painless. However, in Iran many executions seem to come after unfair trials, with bias, and public condemnation. The most recent sentencing of Jabbari for hanging, disgruntled human rights groups because they called it injustice to women, which Iranians have been accused of many times before. The most recent sentencing also caused quite an uproar of international complaint, as well as nationally among residents. Though the country's executions have always had a tendency to do that. The capital punishment there still causes a major controversy because most others, who are not involved in the Iranian government, see the executions as unjust. The country has a reputation for hanging those who are innocent, have killed in self defense, or have simply angered the government though no actual crime was committed. While these rumors are speculation, as some who have been executed may have actually committed the crimes they were accused of, it always seems that when someone in Iran in sentenced to execution, residents, rights groups, and other countries start crying injustice. Perhaps it is because they are the second leading country in the number of executions (though they may have moved up to first now with the number of executions they have been performing just in the year 2014). At any given time someone could be roaming around Iranian cities and see dead bodies hanging off the backs of cranes. These bodies, many of them, are simply executed for crimes against the government. In addition, it has been said that Iran does not often hang just 1 body at a time. Human rights groups have also had a field day with the rumors that Iran hangs men just for being gay, something that came about when 2 men were hung together, as residents claimed that they had been convicted of sodomy. A riot in the country has also broke out many times as victims scream of their innocence before their executions, leaving many residents to protest. These images just do not paint a "just" picture and with all of the rumors that go around about the reasons why Iranians are hung, it is no wonder why people question the capital punishment there. Many say the form of punishment just seems to be a grim way for Iran to unfairly accuse and execute whoever they want. The hangings may be justified, but if they continue adding to the numbers of execution that seem to be just putting themselves in the spotlight, over their form of capital punishment, the major controversy may just continue. (source: guardianlv.com) ******************* US Condemns Iranian Woman's Execution The United States has condemned Iran for executing a woman convicted of killing a man to defend herself from an alleged sexual assault. The 26-year-old woman, Reyhaneh Jabbari, was hanged Saturday morning. The death penalty went ahead after the family of her alleged assailant, a former Iranian intelligence agent, refused to pardon her or accept financial compensation. At the U.S. State Department, spokeswoman Jen Psaki said there were "serious concerns with the fairness" of the case, including reports that confessions were "made under severe duress." Psaki said the United States condemns Iran for killing Jabbari "despite pleas from Iranian human-rights activists and an international outcry." Jabbari said Morteza Abdolali Sarbandi was trying to rape her. She said she acted in self-defense when she stabbed him, but prosecutors said the attack was premeditated, and noted the dead man had been stabbed in the back. The stabbing occurred in 2007. Jabbari was sentenced to death in 2009 under the Islamic principle of "an eye for an eye." During the trial, Iran's official IRNA news agency said, there was testimony that Jabbari told a friend in a text message that she intended to kill Sarbandi, as well as alleged evidence that she purchased the knife involved only 2 days before putting it to use. In a statement before the woman was hanged, Amnesty International said the "deeply flawed" prosecution did not appear "to have ever properly investigated" Jabbari's statement that another man present at the time of the stabbing was Sarbandi's killer. The U.S. State Department spokeswoman said the United States joins "with those who call on Iran to respect the fair-trial guarantees afforded to its people under Iran's own laws and its international obligations." (source: Voice of America News) ****************************** Social Media Couldn't Save Reyhaneh Jabbari----A campaign to halt an Iranian woman's execution was ultimately unsuccessful. On Saturday, Iran hanged a woman convicted of murdering a former intelligence officer she claimed had attempted to rape her - a defense the court and the man's family ultimately rejected. IRNA, Iran's official news agency, says 27-year-old Reyhaneh Jabbari was hanged at dawn Saturday for the 2007 murder. The court ruling dismissed Jabbari's claim of attempted rape, saying all evidence proved she had planned to kill Morteza Abdolali Sarbandi, a former intelligence agent, after having purchased a knife 2 days earlier. However, the United Nations called on Iran for a retrial, saying the incident never received a full investigation and that she was denied a fair trial. A robust campaign led by human-rights groups and prominent Iranians, which was amplified through social media, appeared to be gaining traction and it seemed for a short time that the sentence would be commuted. However, the execution was carried out after Sarbandi's family refused to pardon Jabbari or accept blood money - a possible provision under Sharia law. "The shocking news that Reyhaneh Jabbari has been executed is deeply disappointing in the extreme," said Hassiba Hadj Sahraoui, Amnesty International's Deputy Director for the Middle East and North Africa Program, in a statement. "This is another bloody stain on Iran???s human rights record." "Once again Iran has insisted on applying the death penalty despite serious concerns over the fairness of the trial," said Sahraoui. In the U.S., the State Department took to Twitter to condemn the execution. (source: The Atlantic) PAKISTAN: Man sentenced to death A local court on Saturday awarded death penalty and imposed a fine of Rs50,000 on a murder convict. Additional district and sessions judge Ms Anbreen Naveed found Mustaqeem Khan guilty of killing his neighbour, Jawad, over a monetary dispute. The convict has also remained in prison for 7 years with a fine of Rs50,000 in another case. Court officials said that the convict remained absconder for about 10 years after committing the murder on October 25, 2003, and was arrested on March 4, 2013. The court order stated that the man had the right to appeal in high court against the judgment of the sessions court. (source: Dawn) INDIA: The death penalty in India The fate of 2 criminals is in the news. One is the convicted Gujarat minister, Mayaben Kodnani, who was sentenced to 28 years for her part in the 2002 massacres. She was given bail on health grounds and is out of jail. This month, the Gujarat government said it would side with her and against the special prosecuting body, which wanted her in jail. The other is Surinder Koli, convicted of one of the most horrific crimes we have heard of in India in recent years. Describing his acts, Harsh Mander wrote in The Hindu that Koli, who was then 33, was "convicted of killing at least 16 children, raping them dead or alive, chopping them into pieces and eating their flesh". The Indian Supreme Court has stayed Koli's execution till October 29, but the fact is that India's state has been executing people at a high rate under the current president, Pranab Mukherjee. The president is the final arbiter in death penalty cases and his rejection of appeals means that the convict is killed. He rejected Koli's plea in July and next week's hearing is probably the last chance Koli's lawyers have to stop the state from executing their client. The Times of India reported on February 11, 2013, that Mukherjee had sent more people to the hangman in his 1st 7 months in office than in the previous 15 years. Koli's lawyers say that his confession was taken through torture and that even if true, it shows a man who is disturbed. Mander wrote: "does even such a man merit any kindness? Is this not one case in which the world is better off without him? But his case - gruesome as it is - only reinforces my resolute opposition to the death penalty ... If a crime results from a psychological disorder then, however gruesome and abhorrent the transgression, surely the humane, civilised, socially decent and constitutionally valid recourse would be to treat the problem, not eradicate the victim. What Koli needs desperately is clearly a doctor, not a hangman." I agree with Mander and don???t think hanging people solves anything. I would also say that Kodnani, who is in her sixties, being given bail is not a bad thing. I've written about this before and in India, the demand for death to convicts ensues from a desire for vengeance, not justice. This is a sign of a primitive society and we must accept that even educated Indians are not exempt from the feeling. It would not be incorrect to say that some of the more savage solutions for curbing crime originate from them. In our parts, public lynching is not uncommon and, like the awful incidents with blacks in the US a century ago, it is acceptable by the public to wound or kill those who offend by stealing or by misbehaviour. This is also a product of that same desire for vengeance, and the emotion is felt strongly and collectively. The crowd takes offence even when it is not the victim, and feels entitled to join in handing out punishment. Mobs form dangerously quickly on the subcontinent and carry with them a primitive like-mindedness, which makes them lethal. In 2012, Frontline magazine reported that 14 judges sent an appeal to the president seeking his intervention to commute the death sentences of 13 convicts in various jails. The report said that the judges "have appealed to the president because these 13 convicts were erroneously sentenced to death according to the Supreme Court's own admission". The president was also told that two men had, in fact, been wrongly killed. Ravji Rao and Surja Ram, both from Rajasthan, had been executed on May 4, 1996 and April 7, 1997 after flawed judgments. Given this, it is remarkable that Indian politicians and media should be clamouring, as is obvious to any observer, not for clemency, but for execution. After the conviction of those accused in the infamous case of rape and murder of a young woman on a bus in Delhi, CNN reported: "The same crowd outside the courthouse that cheered Friday's death sentence for the 4 adults turned their ire on the juvenile. The crowd chanted, 'Hang the juvenile'." It is incumbent on the state and the media to calm passions in a nation where this sort of thing happens. I would like to end by quoting from Shakespeare. We were taught to memorise these lines from Portia in "Merchant of Venice" without thinking in school. They make more sense to me as an adult. "The quality of mercy is not strained/It droppeth as the gentle rain from heaven/Upon the place beneath/It is twice blessed/It blesseth him that gives and him that takes." (source: Express Tribune) From rhalperi at smu.edu Mon Oct 27 09:20:24 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 27 Oct 2014 09:20:24 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, VA., OHIO, MO., S. DAK., N.M., ARIZ., CALIF. Message-ID: Oct. 27 TEXAS----impending execution Convicted Murderer to be Executed Tuesday A San Antonio man is set to be executed this week for the murder of 3 people in 2000. 32-year-old Miguel Angel Paredes will be executed by lethal injection Tuesday. He's a member of a Texas prison gang.Paredes, along with 2 fellow gang members, shot and killed 3 people in Bexar County during a meeting with a member of the Texas Mexican Mafia.They burned the bodies, rolled them up in a carpet and tossed it in a Frio County field near a peanut farm. Paredes' co-defendants are serving life terms. (source: Time Warner Cable news) VIRGINIA: Court in Va. examines death row isolation policy Virginia's practice of automatically holding death row inmates in solitary confinement will be reviewed by a federal appeals court in a case that experts say could have repercussions beyond the state's borders. U.S. District Judge Leonie Brinkema in Alexandria ruled last year that around-the-clock isolation of condemned inmates is so onerous that the Virginia Department of Corrections must assess its necessity on a case-by-case basis. Failure to do so, she said, violates the inmates' due process rights. The state appealed, arguing that the courts should defer to the judgment of prison officials on safety issues. A three-judge panel of the 4th U.S. Circuit Court of Appeals will hear arguments Tuesday. The lawsuit was filed by Alfredo Prieto, who was on California's death row for raping and murdering a 15-year-old girl when a DNA sample connected him to the 1988 slayings of George Washington University students Rachel Raver and Warren Fulton III in Reston. He also was sentenced to death in Virginia, where he has spent most of the last six years alone in a 71-square-foot cell at the Sussex I State Prison. Some capital punishment experts say a victory by Prieto could prompt similar lawsuits by death row inmates elsewhere. "It gives them a road map," said northern Virginia defense attorney Jonathan Sheldon, who noted that the due process claim succeeded where allegations of cruel and unusual punishment have routinely failed. "It's not that common to challenge conditions of confinement on due process grounds." Even the state says in court papers that Brinkema's ruling "would do away with death row as it is currently operated in Virginia and numerous other states." Andrea Lyon, a death penalty lawyer and dean of the Valparaiso University Law School in Indiana, agreed that the case could have a ripple effect nationally but said prisons would not become more dangerous as a result. "This is not stepping on the right of prisons to make their own determination of whether or not someone needs this level of confinement," she said. "Just don't do it if there's no reason." Lyon, who has represented 138 murder defendants, co-authored a 2005 report on Missouri's policy of "mainstreaming" death row inmates into the general prison population. She said a study of 11 years of data from that state's prison system disproves the "mythology" that death row inmates are more dangerous than other prisoners. But where Lyon sees mythology, Virginia prison officials see sound judgment rooted in common sense and years of experience dealing with death row inmates. "They're segregated because we see those individuals as potentially the most desperate of all offenders," state prisons chief Harold C. Clarke said in a deposition in the Prieto lawsuit. "Again, they have been sentenced to die. They have nothing to lose." He pointed to the 1984 escape by six death row inmates who had been allowed to congregate at the since-closed maximum security prison in Mecklenburg, saying the jailbreak "could have been catastrophic" had the convicted killers not been quickly apprehended. Virginia was not automatically isolating death row inmates at the time. Prieto is not arguing that solitary confinement should be abolished - just that the decision should be based on the same risk factors that are used to determine the security classification for the approximately 39,000 prisoners who are not facing execution. His lawyers say Prieto "likely would be assigned to less harsh conditions" if death row inmates were assessed in the same manner as other prisoners. Under the current policy, death row inmates are allowed to leave their tiny cell only three times a week for 10-minute showers and five times a week for an hour of solitary exercise in a separate and slightly larger cell, devoid of workout equipment, that prisoners call "the dog cage." They eat every meal alone, are not eligible for work or education programs or congregational religious services, and are allowed strictly limited visitation. The inmates are allowed to purchase a small television and CD player for their cell. Sheldon, who represents three of Prieto's fellow death row inmates, said prison officials have made some modest adjustments to Prieto's visitation and exercise privileges in response to Brinkema's ruling. Department of Corrections spokeswoman Lisa Kinney said prison officials have "taken steps in cooperation with the plaintiff's counsel to address the judge's order, pending appeal," but she declined to provide specifics. Prieto's lawyers declined to comment. (source: Associated Press) OHIO: Ohio prosecutors argue to stay on slayings case Prosecutors in northeast Ohio are arguing to remain on the case of a man accused of killing 3 women. Attorneys for convicted sex offender Michael Madison want the Cuyahoga County prosecutor's office off the case. The defense wants special prosecutors to handle the potential death penalty case. The Cleveland Plain Dealer reports that in a new court filing, prosecutors say they should remain on the case. They dismiss the attempt as a legal ploy meant to criticize their office and prolong the case. The 37-year-old Madison is accused of killing 3 women and leaving their bodies in trash bags in a rundown East Cleveland neighborhood where they were found last year. He pleaded not guilty to aggravated murder and other charges. (source: Associated Press) MISSOURI----impending execution Lawyers, judges seek stay for Missouri inmate Christenson A national group that says it tries to reach consensus on difficult constituional issues, and a numberr of former state and appellate judges warn that the execution of Mark Christensen tomorrow night would "cast a pall" over the judicial process. They claim Christenson has been denied his legal rights. Mark Christenson was 18 when he and a 17 year old cousin murdered a woman and her 2 children and threw their bodies into a pond near Vichy in 1998. He is the only condemned Missouri prisoner whose case has not been reviewed at the federal level. The judges and the Constitution Project are asking the Eighth District federal appeals court to stay the execution and to throw Christenson's attorneys off the case. Constitution Project counsel Sarah Turberville says Christenson's lawyers missed the deadline by 117 days for filing a federal appeal and that's why they should no longer represent him. She says it's a conflict of interest for his attorneys to represent him because they have "blown any attempt he would have at federal review." Turberville says the issue is not whether Christenson should be executed - an issue the lawyers, judges, and the Constitution Project does not address She says it's about whether he is being denied his constitutional rights of federal review of his death sentence. Christenson is to executed just after midnight tomorrow night. The Christenson case file: http://missourideathrow.com/2008/12/Christeson-Mark/ (source: missourinet.com) ************* Vigils Planned in Several Mo. Cities Protesting Execution Missourians for Alternatives to the Death Penalty will be having a Vigil for Life at 10 cities around Missouri in protest to the execution of Mark Christeson, who faces death by lethal injection Oct. 29. Mark Christeson is scheduled to die by lethal injection early on the morning of Oct. 29 at the prison in Bonne Terre and the MADP will be holding a Vigil for Life in Bonne Terre, Jefferson City, Columbia, Kansas City, Joplin, Kirksville, St. Joseph, St. Louis, St. Peters, and Springfield, Mo. on Oct. 28 at 12 p.m. at the Park Central Square. Christeson, 35, was sentenced to death in 1999 for the murders of Susan Brouk and her children, 9-year-old Kyle and 12-year-old Adrian, at the Brouk's home near Vichy. If the execution takes place this will be the 9th execution in the state of Missouri in 2014. (source: KOLR news) SOUTH DAKOTA: 1st man freed by using DNA speaking at USF 32 states in the country have the death penalty -- South Dakota is one of them. Our state's Attorney General Marty Jackely said it is reserved for the most heinous and serious crimes. "We are very conservative and cautious when we prosecutors in South Dakota look to the death penalty as an option of last resort in order to protect the public and other inmates, correction officers and medical personnel," said Jackley. Kirk Bloodsworth is visiting South Dakota this week, he is trying to eliminate capital punishment all over the country because he was wrongly convicted of a crime. He said if it can happen to him, it can happen to anyone. He was the 1st person in the United States to use DNA evidence to overturn a wrongful murder conviction in the early 80's. Now he's telling his story to help himself find peace. "8 years, 10 months and 19 days. 2 years on death row. I was 23 years old when I was arrested and I was in my early 30s when I got out," said Bloodsworth. He lost nearly a decade of his life after being wrongfully convicted of murdering a 9-year-old girl in Maryland. He said he was an honorably discharged Marine with no criminal record or criminal history. Bloodsworth explained police and prosecutors used a witness description to convict him of the murder. "I guess another way to describe it is instead of eating bubble gum, chew on a pack of razor blades. That's about how my life felt," he said. He was freed in 1993 after he learned of Genetic Fingerprinting. He was the 1st person in the United States to use DNA to clear his name. "You just keep hoping and praying that something good is going to happen and in my case that was DNA," he said. He's already helped eliminate the death penalty in Maryland and Connecticut, and now he's working to get rid of it across the country. I want to kill the thing that almost killed me. The death penalty is a failed policy and practice and it's had its time and it needs to be abolished," said Bloodsworth. He said his biggest fear is that a person has already been executed for a crime they didn't commit because it almost happened to him. "Some of these people, you might humanely believe that they deserve to die and maybe they do, but people like me do not and you can't walk over us to kill the guilty," said Bloodsworth. Bloodsworth will be speaking in the Jeschke Auditorium at the University of Sioux Falls Monday night at 7. (source: KSFY News) NEW MEXICO: New Mexico court to hear death sentence appeals New Mexico's only inmates facing possible execution want the state Supreme Court to declare their death sentences unconstitutional because capital punishment was abolished after their convictions. The court is to hear arguments from lawyers on Monday but the justices aren't expected to issue a ruling until months later. New Mexico repealed the death penalty in 2009 for future murders but left it in place for Timothy Allen and Robert Fry, who were sentenced to die years before the Legislature and then Gov. Bill Richardson agreed to end capital punishment. No execution has been scheduled for either Fry or Allen, who contend their death sentences violate constitutional provisions against cruel and unusual punishment and equal-protection guarantees. The attorney general's office disagrees and says their death sentences should remain in place. (source: Associated Press) ARIZONA: News outlets sue for lethal injection information Several news outlets are suing to gain information on the procedures and sources of drugs used to carry out lethal injections for death row inmates, The Arizona Republic reported (http://bit.ly/1tapLO1) Saturday. The newspaper has joined other news organizations in a federal lawsuit against the Arizona Department of Corrections and Attorney General Tom Horne. Other media organizations acting as plaintiffs include Guardian News and Media and the Arizona Daily Star. According to the complaint, the media outlets argue that withholding information about executions is unconstitutional. They argue that executions are public events. As a result, denying information about how they are carried out violates freedom of the press and equal protection under the law. The lawsuit follows the July 23 execution of inmate Joseph Rudolph Wood. It took Wood nearly 2 hours and 15 dosages of lethal injection drugs before he died. His attorneys say the execution was botched, a claim the Department of Corrections denies. Wood's defense team and attorneys for other death row inmates filed a lawsuit seeking to know which drugs will be used in executions, where they come from and who will administer them. The First Amendment Coalition of Arizona joined that suit in September. The standard drug used in executions in Arizona since the 1970s became unavailable in 2010. The Republic reported that the Arizona Department of Corrections used a law guaranteeing confidentiality of executioners' identities to conceal it was illegally getting the drug from Great Britain. As a result, the U.S. Justice Department prohibited the use of imported drugs for executions in the U.S. Since then, Arizona has switched to a two-drug combination already used in Ohio. The execution brought new attention to the death penalty debate in the U.S. as opponents said it was proof that lethal injection is cruel and unusual punishment. (source: Associated Press) CALIFORNIA: Survey Reveals How Asian Americans Feel About Death Penalty In a recent survey of California registered voters, the National Asian American Survey found that like most Californians, Asian/Pacific Islander Americans were in favor of keeping the death penalty, with 47.1 % in favor. Overall, 55.9 % of Californians were in favor, with 57.3 % of non-Hispanic whites, 57.5 percent of Latinos, and 46.4 % of African Americans in favor of keeping the death penalty. However, when asked about a federal ruling that California's death penalty law is unconstitutional because it takes so long for the state to carry out, answers were more ambivalent, with 43.8 % of Asian/Pacific Islander Americans in favor of speeding up the process and 39.4 % in favor of replacing the death penalty with life in prison. "More AANHPIs [Asian Americans, Native Hawaiians, and Pacific Islanders] are undecided about the death penalty," said Paul Jung, a Law Fellow at Asian Americans Advancing Justice, "indicating that we need more community education on criminal justice issues and particularly in Asian languages." Latinos were similarly ambivalent. Overall, 51.9 % of respondents were in favor of speeding up the process and 39.6 % were in favor of replacing with life in prison. This issue is of historic importance to the Asian/Pacific Islander American community. "One of the first national pan-Asian movements was the campaign to free Mr. Chol Soo Lee who was wrongly convicted of a killing in 1973," said Jung. "Due to the investigative reporting by K.W. Lee and Asian-American organizing that led to the Free Chol Soo Lee Defense Committee, Mr. Lee was freed from death row in 1983." (source: NBC news) From rhalperi at smu.edu Mon Oct 27 09:21:22 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 27 Oct 2014 09:21:22 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 27 GHANA: More Ghanaians opposed to death penalty - Survey A recent survey on "Public Support for the Death Penalty in Ghana" has shown that more people (48. 3 %) are opposed to the death penalty than those who support it (40.7 %). It indicated that 60.9 % of the respondents supported the abolition of the death penalty for treason while 53.9 % supported it for murder, with 53 % supporting it for genocide. The survey showed that among those who supported the abolition of the death penalty for murder, the 2 most important reasons cited were the sacredness of life (33 %) and the fear that innocent people might be executed (32 %). "On this evidence, opposition to the death penalty in Ghana would seem stronger than what currently pertains in the United Kingdom (UK), where a recent YouGov Poll shows 39 % opposition," it indicated. The study involved a face-to-face survey of 2,460 people randomly selected from four communities in Accra, namely, Chorkor, Nima, Teshie-Nungua Estate and the East Legon Residential Area. The fieldwork was conducted in April and May 2014. It was conducted by the Centre for Criminology and Criminal Justice, with Dr Peter Atupare Atudiwe of the Faculty of Law, University of Ghana, Legon; Dr Kofi E. Boakye and Dr Justice Tankebe, both of the University of Cambridge, Cambridge, UK, as the researchers. The study was conducted against the backdrop that Ghana is among the countries that still retain the death penalty, with 138 convicts presently on death row for three main types of offences - murder, genocide and treason. However, no executions have taken place since 1993. In June 2012, the government published a White Paper in which it accepted the recommendations of the Constitutional Review Commission (CRC) to abolish the death penalty and replace it with imprisonment for life without parole. The study, therefore, sought to provide baseline data on public attitudes to the death penalty, the sources and nature of resistance to abolition and backlash effects. The overall aim of the researchers was twofold: First, to provide research evidence that contributed to public discourse on the death penalty as Ghana prepared to vote on the relevant constitutional amendments. Second, to provide baseline data that would allow the tracking of trends in public attitudes over the next several decades. The survey indicated that males were more likely than females to favour the death penalty. It, however, showed that there was no difference in attitudes between victims and non-victims of violent crime. It indicated that the most preferred replacement for the death penalty was life imprisonment without parole. "Approximately 71 % of the people interviewed chose life imprisonment without parole as the alternative to the death penalty in the case of those convicted of genocide, 66 % for murder and 65 % for treason convicts," it stated. The survey showed very little evidence of potential backlash in the form of support for vigilante violence or lynching, with only 26 % of the respondents indicating they would take the law into their own hands if the death penalty was abolished. "Interestingly, they believed approximately 87 % of people will not resort to vigilante violence," it added. The survey recommended that advocates of the abolition of the death penalty should make greater efforts in that respect. It also recommended that public engagement programmes on the abolition of the death penalty should move away from a human rights argument to a focus on the sacredness of life and uncertainties in establishing the guilt of suspects which might result in wrongful executions. It further stressed the need for investments in systematic studies that tracked changes in public attitudes and the conditions associated with those changes in order to preempt a return to the death penalty after it had been abolished. (source: GhanaWeb) AFGHANISTAN: Afghan soldier loses final appeal against death penalty for murdering 3 Australian troops An Afghan soldier who murdered three Australian troops has lost his final appeal against the death penalty. The fate of the remorseless killer, Sgt Hekmatullah, now rests in the hands of the families of those he killed and the Afghanistan's recently-elected president. The secret judgment against Hekmatullah, which the country's Supreme Court has consistently refused to discuss, was confirmed by diplomatic and prison sources in Kabul and also by the killer himself during a jailhouse interview this month as part of a Four Corners investigation into the incident. Hekmatullah was convicted and sentenced to death, which in Afghanistan is usually by hanging, of the murders of Lance Corporal 'Rick' Milosevic, Sapper James Martin and Private Robbie Poate as they were relaxing on a remote patrol base in Uruzgan province in late August 2012. 2 other Diggers were wounded. The case has recently been examined in a coronial inquest in Brisbane, the 1st of its type involving the death of the 41 Australian soldiers killed in Afghanistan. Evidence was heard about a failure to communicate a heightened risk of insider attacks, in which local forces turn their weapons against foreign mentors, to the slain men's platoon. The finding of the inquest will be handed down at a later date. The killer, Hekmatullah, evaded attempts to be captured after the shooting, fleeing the base and ultimately being secreted by the Taliban across the border to Pakistan. He was arrested in February 2013 and after months of interrogation, during which he said he was blindfolded and could hear English-speaking voices while being tortured, he confessed to the murders. In December last year, he was sentenced to death, a verdict upheld later in an appeal court. His final chance of overturning or having the sentence commuted to a lengthy prison term, was refused by the Supreme Court in a hearing some months ago. He is imprisoned in the high-security wing of Kabul's Pul-e Charkhi jail, sharing a block with former Australian soldier, Robert Langdon, who was sentenced to 20-years jail for murdering an Afghan colleague while working as a private security guard. Langdon, like Hekmatullah, had been sentenced to death but under a provision under Afghan law, paid his victim's family US$100,000 to offer forgiveness, which allowed the Supreme Court to commute the sentence to a prison term. Hekmatullah has requested the families forgive him but has also vowed to kill again, saying he was inspired to kill after watching a Taliban propaganda video that showed foreign soldiers desecrating the Koran. The relatives of Hekmatullah's victims, however, appear uninterested in any mercy. "He showed absolutely no mercy to our boys," Pte Poate's father, Hugh told Four Corners. "He killed them in the prime of their lives. They had done nothing to him other than befriend him and he turned around and just killed them in premeditated cold-blooded murder, so I'm rather hoping that the sentence will be carried out." All decisions on the enforcement of the death penalty are made by Afghanistan's president, Ashraf Ghani. Diplomats in Kabul had believed Mr Ghani is unlikely to order the execution of any of the prisoners on death row but that view has softened in recent weeks. Mr Ghani, to the surprise and disappointment of many of his western backers, did not intervene after his predecessor, Hamid Karzai, signed off on his last day in office on the execution of 5 men convicted of gang rape and another, of unrelated kidnapping charges. All 6 men were hanged on October 8. (source: The News) CHINA: China Mulls Scrapping Death Penalty for 9 Crimes Chinese lawmakers are considering removing the death penalty as punishment for 9 crimes, including smuggling weapons and nuclear materials. The draft amendment to Criminal Law was submitted on Monday to the Standing Committee of the National People's Congress (NPC) for a 1st reading during the legislature's bi-monthly session, which runs from Monday to Saturday. According to the draft amendment, the nine crimes include smuggling weapons, ammunition, nuclear materials or counterfeit currency; counterfeiting currency; raising funds by means of fraud; arranging for or forcing another person to engage in prostitution; obstructing a commander or a person on duty from performing his duties; and fabricating rumors to mislead others during wartime. After removing the death penalty for these crimes, those convicted will face a maximum sentence of life imprisonment, according to the draft. The draft amendment is another move by China to limit the use of the death penalty following a decision at a key meeting of the Communist Party of China last year to gradually reduce the number of crimes subject to the death penalty, said Li Shishi, director of the Legislative Affairs Commission of the NPC Standing Committee. Li said removal of death penalty for these crimes does not mean the overall punishment would be lessened. Authorities will strengthen law enforcement and give severe punishment for those who deserve it so as to ensure the general situation of public security, Li said. The draft amendment also provides stricter rules for the execution of convicts who have been sentenced to death with reprieve. If the proposal is adopted, it will be the 2nd time the People's Republic of China has reduced the number of crimes punishable by death since the Criminal Law took effect in 1979. In 2011, the NPC Standing Committee dropped the death penalty for 13 economic-related non-violent crimes including smuggling cultural relics, gold and silver; carrying out fraud related to financial bills; forging or selling forged exclusive value-added tax invoices; teaching criminal methods; and robbing ancient cultural ruins. Exempting the 13 crimes from the death penalty has not caused negative effects for public security, and the social response toward reducing the number of crimes subject to the death penalty has been positive, Li said. Under the current Criminal Law, the number of crimes punishable by death is 55. China has kept the death penalty while strictly controlling and prudently applying capital punishment. The country has made various efforts to limit use of the death penalty in recent years. On Jan. 1, 2007, the Supreme People's Court resumed reviewing death penalty cases before approval to make sure decisions by lower courts are accurate. The draft amendment did not remove capital punishment for corruption crimes. Instead, lawmakers are considering imposing harsher punishment on those committing crimes of embezzlement and bribery. Those involved in such crimes with "especially huge amounts of money and causing especially huge loss to the interest of the country and people" could be sentenced to death, according to the draft amendment. The draft also added crimes regarding cyber security, enhancing protection of citizens' personal information and ascertaining responsibilities for Internet service providers failing to fulfill duties of network security management. In its stipulations against terrorism, the draft added several items to the current law to crack down more heavily on terrorism. Those promoting terrorism and extremism by producing and distributing related materials, releasing information, instructing in person or through audio, video or information networks will face more than 5 years in prison in serious cases. Those who instigate violent terror activities will also face the same punishment, according to the draft amendment. Those who instigate or force people to damage legal systems including marriage, justice, education and social management will be sentenced to more than seven years in prison in extremely serious cases, according to the draft. To safeguard social principles of good faith, the draft proposed that those counterfeiting passports, social security cards and driving licenses will also face punishment. Organizing cheating in examinations and bringing civil litigations based on fabricated facts to pursue illegitimate interests are also listed as crimes that are punishable to imprisonment up to 7 years and 3 years respectively. (source: English People's Daily) SOUTH KOREA: South Korea ferry disaster: prosecutors seek death penalty for captain; Prosecution tells court Lee Joon-seok should be sentenced to death after more than 300 killed in capsized ferry South Korean prosecutors have sought the death penalty for the captain of a ferry that capsized in April, leaving 304 people, most of them schoolchildren, dead or missing in a trial of 15 crew who escaped the vessel before it sank. Lee Joon-seok, 68, who has been charged with homicide, should be sentenced to death for failing to carry out his duty, the prosecution told the court, resting its case in a trial that has taken place amid intense public anger towards the crew. Lee was among 15 accused of abandoning the sharply listing ferry after telling the passengers to stay put in their cabins. Four, including the captain, face homicide charges. The rest face lesser charges, including negligence. A 3-judge panel is expected to announce its verdicts in November. No formal pleas have been made but Lee has denied intent to kill. Several defendants have been sentenced to death in South Korea in recent years but there have been no executions since 1997. "Lee supplied the cause of the sinking of the Sewol ... he has the heaviest responsibility for the accident," the lead prosecutor in the case, Park Jae-eok, said. "We ask that the court sentence him to death." The prosecutors sought life sentences for the other 3 charged with homicide, and prison terms varying from 15 to 30 years for the rest. The Sewol capsized and sank on a routine voyage on 16 April, triggering an outpouring of nationwide grief and sharp criticism of the government of President Park Geun-hye for its handling of the rescue operation. The crew members on trial have said they thought it was the coastguard's job to evacuate passengers. Video footage of their escape triggered outrage, especially after survivors testified they repeatedly told passengers to stay put. (source: The Guardian) *************** Prosecution weighs Sewol captain's penalty The prosecution is scheduled to unveil its criminal action against 15 crew members of the capsized ferry Sewol on Monday. A key issue is whether the prosecution will seek capital punishment for the ferry's caption Lee Joon-seok, 69, during the trial at the Gwangju District Court. He has been charged with homicide through willful negligence. Apart from the possibility of a death penalty, the prosecution could choose to call for life imprisonment for the indicted Sewol captain. On April 16, Lee and other crew members escaped from the sinking vessel, reportedly without taking any appropriate measures to evacuate passengers. Investigators had vowed to prove the charges that the sailors' practices were intentional and that their behavior caused the deaths of those on board. Some families of the victims have recently asked the prosecution to seek the maximum sentence (or death penalty) allowed by law for Lee. Aside from Lee, 3 other crewmen were indicted in May on charges of manslaughter due to willful negligence. While 11 other crewmen were also indicted for neglecting their duties during the accident, which left more than 300 people dead or missing, prosecutors only lodged homicide charges against the 4 key suspects: Lee and the 3 crewmen. If the crewmen had taken steps to evacuate the passengers, they may have been able to save all of them or at least minimized the death toll, a prosecutor said during the former trial hearing. He said that "students (on a school excursion) in cabins on the 4th floor could have escaped just by walking several meters. But they became trapped due to an announcement by senior crewmen to stay in their cabins." (source: The Korea Herald) ZIMBABWE: 2 women on death row seek reprieve The Constitutional Court last Wednesday heard a case in which 2 women who are on death row were seeking reprieve. The application was filed by the Zimbabwe Women Lawyers Association (ZWLA) two weeks ago. ZWLA official, Chiedza Simbo, said the application was a test of the country's compliance with the supreme law which was voted by Zimbabweans in a referendum last year. "We are pleading for the removal of these 2 female inmates from the death roll in accordance with the provisions of the new constitution," Simbo said a day before the matter was heard in court. "It is our plea that the Constitutional Court gives them another sentence which is appropriate since the new charter prohibits executions of females." Advocate Fadzai Mahere was the attorney who represented the ZWLA. Simbo said they are against the continued existence of the death penalty in the country's statutes despite the exclusion of females from executions. "The law as it stands is discriminatory and gender biased. We are saying the law should be applied indiscriminately to everyone and in this case the death penalty should be scrapped completely from the country's statutes if the country is to move in line with the progressive world," Mahere said. Mahere was speaking at a belated World Against Death Penalty Day held last Tuesday. There are 77 inmates in Zimbabwe's jails who are facing the gallows. Since the attainment of independence in 1980, at least 78 people have been executed for committing various crimes. Notorious criminals Stephen Chidhumo, Elias Chauke, William Mukurugunye and John Nyamazana were the last inmates to be hanged in 2003. The country's constitution which was adopted last year retains the death penalty but prohibits executions of women and males under the age of 21 or over the age of 70. (source: New Zimbabwe) IRAN----executions 5 Prisoners Hanged in Northern Iran for Drug-Related Charges 5 prisoners were hanged in the prison of Rasht (Northern Iran) Saturday October 25, reported the official website of the Iranian Judiciary in Gilan Province. The prisoners who were all men were identified as "M.P." (40) charged with possession and trafficking of 31 kilograms of opium, "S.A." (43) for possession and trafficking of 14 kilograms and buying 17 kilograms of opium, "R.T." (42)for possession of 3310 grams of heroin, "M.S." (27) for possession of 3984 grams of heroin and "A.R." (50) for participation in trafficking of 3 kilograms of heroin. said the report. Last week 4 other prisoners were hanged in the prison of Rasht convicted of drug related charges. (source: Iran Human Rights) *************************** A prisoner hanged in Rajai Shahr Prison in Karaj A man with charge of murder was hanged the same day that Reyhaneh Jabbari was executed. According to the report of Human Rights Activists News Agency (HRANA), in the morning of Saturday, 25th October, a prisoner charged with murder was executed along with Reyhaneh Jabbari by hanging in Rajai Shahr prison of Karaj. This prisoner from ward 1 in Rajai Shahr prison whose name is Mohammad Ghorbanzadeh, was transferred to solitary confinement on Thursday 23rd October Also on Saturday morning, another prisoner from ward 2 in Rajai Shahr prison, named Davood Gandomi, on charge of "rape" was taken to the gallows, for execution but due to a defect in his case the execution has been postponed. (source: Human Rights Activists News Agency) ************************* After Reyhaneh Jabbari execution UK urges Iran to end death penalty Following the execution of Reyhaneh Jabbari, British Foreign Office Minister, Tobias Ellwood, on Saturday called on Iran to end the use of the death penalty. Tobias Ellwood, the British Foreign Office Minister for the Middle East, said in as statement: "The UK strongly opposes the use of the death penalty. I am very concerned and saddened that it has been used in the case of Reyhaneh Jabbari where there have been questions around due process." "The UN Special Rapporteur for Human Rights in Iran, Dr Ahmed Shaheed, noted that her conviction was allegedly based on confessions made while under threat, and the court failed to take into account all evidence into its judgment. Actions like these do not help Iran build confidence or trust with the international community. I urge Iran to put a moratorium on all executions." Morteza Abdulali Sarbandi, an agent of the Iranian regime's notorious Ministry of Intelligence and Security (MOIS) was killed as he intended to assault Reyhaneh Jabbari. A UN human rights monitor said the killing came in self-defense after Sarbandi tried to sexually abuse Jabbari, and that the condemned woman's trial in 2009 had been deeply flawed. ll evidence indicate that the criminal execution of Ms. Rayhaneh Jabbari after 7 1/2 years incarceration and torture that took place despite widespread protests and international calls had political reasons and motives and that this execution was unlawful even in the framework of mullahs' medieval laws. ********************************** Canada: Condemns Execution of Reyhaneh Jabbari by "Murderous regime" in Iran The government of Canada condemned "in the strongest possible terms" the execution of Reyhaneh Jabbari the "latest victim of a murderous regime." The Canadian Foreign Minister John Baird released the following statement on Saturday: "Canada condemns in the strongest possible terms Iran's execution of Reyhaneh Jabbari, a 26-year old interior designer and the latest victim of a murderous regime. "In 2009, Ms. Jabbari was convicted after a deeply flawed trial process of killing a man she claims was trying to sexually assault her. Today, Iran executed her despite international efforts to see a fair trial and justice properly served. "The execution of Ms. Jabbari is another truly tragic example of Iran???s contempt for due process and of systemic flaws within Iran's judicial system. "Canada strongly believes that due process and the rule of law are fundamental to ensuring human rights and dignity. By failing to accord Ms. Jabbari due process, Iran has once again cynically demonstrated its unwillingness to live up to international human rights obligations and to respect the dignity and rights of its people. The people of Iran, and on this day particularly the family of Reyhaneh Jabbari, deserve better." **************************************** Maryam Rajavi calls for int???l probe into Reyhaneh Jabbari's execution in Iran; The current session of the UN General Assembly should refer Iran's dossier of human rights violations to the Security Council----Conducting negotiations and dealing with a bloodthirsty regime that honors no pact or agreement is a dagger in the heart of human rights All evidence indicate that the criminal execution of Ms. Rayhaneh Jabbari after 7 1/2 years incarceration and torture that took place despite widespread protests and international calls had political reasons and motives and that this execution was unlawful even in the framework of mullahs' medieval laws. Because Ms. Jabbari was arrested for defending herself against the aggression of a mullahs' intelligence agent, henchmen did not observe the minimum legal process of even their own system during the investigations and her trial as they were afraid of the disclosure of the secrets of the Mafia of murder, assassination and corruption of the clerical regime; i.e. the Ministry of Intelligence. Amnesty International declared that "the execution of Iranian Reyhaneh Jabbari who was convicted after a deeply flawed investigation and trial is an affront to justice...This is another bloody stain on Iran's human rights record". On the other hand, Mrs. Jabbari's resistance and refusal to give in to the pressures of the suppressive agents and her refusal to succumb to their dictated demands had doubled the mullahs' regime anger towards her. In a voice recording on April 1, 2014 addressing her mother she said: "...the court charged me with being coldblooded in the murder and of being a cruel criminal. I shed no tears, did not beg, and did not cry out loud since I believed in the support of the law... how naive were we that we expected justice from the judges. I embrace death because in the court of God I charge the investigative officers, I charge the interrogator, I charge the judge of the Supreme Court of the country, those who severely beat me... In the court of the creator of the world I charge... all those who inattentively, falsely or out of fear wronged me." Mrs. Maryam Rajavi, President-elect of the Iranian Resistance, hailed the perseverance of Reyhaneh Jabbari and offered her sympathy to her bereaved family. She called on the Iranian people, especially the women and the youth, to express their solidarity with Reyhaneh's family and to protest and resist the criminal death sentences and the savage suppression of women, such as the acid attacks. Mrs. Rajavi called for an independent international probe into the execution of Reyhaneh Jabbari as an example of arbitrary, extrajudicial and criminal death sentences that have taken on added dimensions since Rouhani's tenure. At a time that the mullahs' regime has ridiculed all international conventions and laws and despite 60 UN resolutions continues with its crimes and the spilling of blood, Mrs. Rajavi called on the current UN General Assembly session to refer the dossier of the systematic violation of human rights in Iran, the collective and arbitrary executions, and the heinous crimes such as splashing of acid on women to the UN Security Council so that through binding decisions it would confront this medieval and in particular misogynic barbarism. She added that conducting negotiations and dealing with a bloodthirsty regime that honors no pact or agreement is a dagger in the heart of human rights and a betrayal of values and goals that the United Nations has been founded upon. (source for 3 above: Secretariat of the National Council of Resistance of Iran) From rhalperi at smu.edu Mon Oct 27 18:22:35 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 27 Oct 2014 18:22:35 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, OHIO Message-ID: Oct. 27 TEXAS----impending execution Texas Prepares for Miguel Paredes' Execution Scheduled for October 28, 2014 Miguel Angel Paredes is scheduled to be executed at 6 pm CST, on Tuesday, October 28, 2014, at the Walls Unit of the Huntsville State Penitentiary in Huntsville, Texas. 32-year-old Miguel is convicted of murdering 23-year-old Nelly Bravo, 23-year-old Shawn Michael Caine, and 37-year-old Adrian Torres on September 17, 2000, in San Antonio, Texas. Miguel has spent the last 13 years on Texas' death row. Miguel is 1 of 20 children, although 7 of his siblings died before he was born. Miguel was born in Chicago, Illinois to Mexican immigrant parents. Miguel's parents eventually moved the family to San Antonio, Texas, where Miguel eventually fell in with the violent Hermanos de Pistoleros Latinos gang. Miguel claimed he joined the gang thinking he had found loyalty and love. By the age of 15, Miguel had a pregnant girlfriend and a criminal record. Early in September of 2000, Adrian Torres, a member of the Mexican Mafia, had given John Anthony Saenz over $800 worth of cocaine. Shortly thereafter, he began calling Saenz's house seeking repayment. On September 17, 2000, Saenz told his wife to leave because Adrian was coming over and he was "going to take care of business." Saenz called and asked Greg Alvarado and Miguel Paredes to come over with weapons for back up. Adrian brought Nelly Bravo and Shawn Caine along with him. The 3 were ambushed by Saenz, Alvarado and Paredes. After Adrian, Nelly, and Shawn were killed, they were wrapped in carpet and placed in the back of a pick-up truck. After driving for a while, they pulled over on a dirt road and burned the carpets and the bodies. Saenz and Alvarado each received a life sentence. Paredes was sentenced to death. (source: The Forgiveness Foundation) OHIO: U.S. appeals court upholds death penalty for convicted Toledo murderer A federal appeals court today rejected the argument from convicted murderer James Frazier that he is mentally retarded and exempt from Ohio's death penalty. Frazier, 73, on death row at Chillicothe Correctional Institution, was convicted of robbing and killing Mary Stevenson, a disabled woman at Northgate Apartments in Toledo where Frazier was attending a crack cocaine party late on the night March 1, 2004, or early the next morning. Frazier apparently robbed Ms. Stevenson for money when the party ran short of drugs. IQ tests conducted before Frazier's trial in Lucas County Common Pleas Court found his score to be slightly above 70, the threshold above which the law presumes someone is not mentally retarded. The court noted that the expert hired by the defense found he was not retarded, prompting his attorneys to drop that line of strategy at trial. Among other things, the latest appeal argues that his defense was ineffective in not continuing to pursue that plan. But the Cincinnati-based U.S. 6th Circuit Court of Appeals said that decision was not out of line given the facts the defense had at the time. The court said Frazier failed to meet the higher burden of proving he is actually innocent of the death penalty because of his mental capacity. "In Frazier's favor are the facts that he attended special-education classes, that he never progressed beyond the 10th grade, that he earned 2 Cs, 21 Ds, and 1 F in high school, and that he was labeled a "slow learner..." wrote Judge Karen Nelson Moore. "However, being placed in special-education classes does not necessarily render someone mentally retarded. And failing to complete high school does not necessarily result from subaverage intellectual functioning.... "If Frazier needed to prove his limitations only by a preponderance of the evidence, we might be inclined to agree with him," Judge Moore wrote. "However, at this stage of the litigation, Frazier's proof must be clear and convincing. The limited and muddled academic records make this impossible." Frazier was convicted of aggravated murder, aggravated robbery, and aggravated burglary. Ms. Stevenson, who suffered from cerebral palsy, was strangled and her throat slit as Frazier made away with 1 of her purses. (source: Toledo Blade) ************************* Death penalty phase begins in sledgehammer killing of New Franklin Township couple A jury will now consider whether to recommend the death penalty for a 20-year-old man accused of bludgeoning a New Franklin Township couple to death with a sledgehammer. The Summit County jury on Wednesday found Shawn Ford, 20, guilty of attacking his ex-girlfriend and later killing her parents, Jeffrey and Margaret Schobert in April 2013. The jury convicted him of 5 counts of aggravated murder, 2 counts of aggravated robbery, and 1 count each of petty theft, grand theft, aggravated burglary and felonious assault. (source: Northeast Ohio Media Group) From rhalperi at smu.edu Mon Oct 27 18:23:48 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 27 Oct 2014 18:23:48 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 27 THAILAND: Parents of Myanmar Suspects Petition Thai Prosecutor The parents of the Myanmar suspects charged in the murder of 2 British tourists on the Thai island of Koh Tao have petitioned the Koh Samui prosecutor asking for reconsideration and justice over their sons' arrest and incarceration, according to migrant activist Mr Andy Hall. 3 parents and an uncle of Myanmar suspects Ko Zaw Lin Oo and Win Zaw Tun made the plea after arriving on Samui Island on 24th October and travelling to the island's prison where they had a meeting with the 2 men. The parents emerged from Koh Samui prison "delighted to have seen their boys in good health, having heard the guys saying they are innocent of any crimes," reports Mr Hall, who has been following the case closely and tweeting developments. The parents of the 2 suspects, both 21, had flown to Thailand with the help of the Myanmar embassy in Bangkok and the Thai authorities. The suspects were arrested on 3rd October over the murders of British tourists Ms Hannah Witheridge, 23, and Mr David Miller, 24, on Koh Tao on 15th September. They are charged with conspiracy to murder and rape, plus robbery, and could face the death penalty if found guilty. The murder case and how the Thai authorities have been handling it have grown into an embarrassment for the Thai military junta that grabbed power in a coup in May. Some rights groups question whether the two men have been made scapegoats as the Thai authorities have come under pressure to find the murderers. (source: Mizzima News) NIGERIA: Nigeria releases man who barely escaped the gallows after 19 years on death row The release of a man who spent 19 years on death row in Nigeria and was seconds away from execution last year painfully illustrates the inherent brutality and unfairness of the death penalty, said Amnesty International today. ThankGod Ebhos was released under an order issued by the governor of Kaduna State. He had been tried and sentenced to death by a military tribunal in Nigeria at the time. Amnesty International raised questions about the fairness of military tribunals in Nigeria at the time. "The release of ThankGod Ebhos brings great hope to the many hundreds who are languishing on death row across Nigeria," said Netsanet Belay, Amnesty International???s Africa Director, Research and Advocacy. "Nigeria must build on the positive step taken, immediately halt plans to carry out any more executions and move towards abolishing the death penalty once and for all. Killing inmates is not an effective way to deal with crime." In 24 June 2013, ThankGod was seconds away from execution, when officers at Benin Prison took him to the gallows, forced him to watch 4 men being hanged and told him he was next. The execution was halted when prison authorities realized that his death sentence required it to be carried out by firing squad, which the prison was not prepared for. The other 4 men were executed despite an appeal pending on their cases. "ThankGod's long ordeal shows that the death penalty has no place in the 21st century," said Netsanet Belay. In June 2014, the Economic Community Of West African States (ECOWAS) court upheld its earlier decision to grant an injunction to restrain the government from executing Thankgod. "The release of Thankgod in the aftermath of the decision of the ECOWAS Court on June 2014 shows the impact such a ruling can have on the desperate situation of an inmate on death row for more than 19 years and encourages litigation of such critical cases before regional courts" Jean-Sebastien Mariez, attorney at Avocats Sans Frontieres France. In 2013, 4 men were hanged in Nigeria - the 1st executions in more than 7 years. Amnesty International opposes the death penalty in all cases without exception, regardless of the nature or circumstances of the crime; guilt, innocence or other characteristics of the individual; or the method used by the state to carry out the execution. The death penalty violates the right to life and is the ultimate cruel, inhuman and degrading punishment. Amnesty International calls on Nigeria to immediately establish an official moratorium on executions with a view to abolishing the death penalty. (source: Amnesty International) From rhalperi at smu.edu Tue Oct 28 11:45:22 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 28 Oct 2014 11:45:22 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, OHIO, MO., COLO., N.MEX., ARIZ., USA Message-ID: Oct. 28 TEXAS----impending execution San Antonio Man Set to Be Executed Tuesday A former San Antonio gang member is scheduled for execution Tuesday evening for his part in a 2002 triple slaying. Miguel Angel Paredes, 32, was convicted for the shooting deaths of Adrian Torres, 27; his 23-year-old girlfriend, Nelly Bravo; and Shawn Michael Cain, 23. Their burned bodies were found in nearby Frio County. Paredes would become the 10th person put to death this year in Texas, and the 518th since the state resumed executions in 1982. 2 co-defendants, John Anthony Saenz and Greg Alvarado, were also convicted in the deaths. Bexar County prosecutors claimed the 3 were settling a drug debt with Torres when the murders occurred. Paredes told the San Antonio Express-News he and his fellow Hermanos Pistoleros Latinos associates met up with Torres, a member of a rival gang, the Mexican Mafia, to confront him about threats he had made. Paredes, who was 18 at the time of the murders, was the only 1 of the 3 defendants sentenced to death. Saenz was found guilty of capital murder but sentenced to life in prison. Alvarado pleaded guilty and is serving a life sentence. On Monday, Paredes' lawyer, David Dow of Houston, asked the U.S. 5th Circuit Court of Appeals in New Orleans to stay the execution while it considers an appeal Dow also filed on Monday. In the appeal, Dow argues that another appellate attorney failed to investigate whether Paredes was taking psychiatric medication when he waived his right to challenge his sentence based on ineffective trial counsel. (source: Texas Tribune) ********************************* Inside the mind of a San Antonio man on death row: Condemned man finds art as release Miguel Angel Paredes, who is set to be executed Tuesday for a gang-sanctioned triple slaying in San Antonio, said during a death row interview with the Express-News last week that he has turned to artwork over the past 13 years while waiting for his sentence to be carried out. He has created sketches ranging from portraits of lions, puppies and dolphins to more haunting imagery, such as a man strapped to a death chamber gurney - arms outstretched, the IV line in place, with an angel in 1 witness box and the devil in the other. Each drawing is posted at minutesbeforesix.com and can be seen in the gallery above. Paredes, now 32, was convicted in 2001 of the capital murders a year earlier of Nelly Esmerelda Bravo, 23, her boyfriend and Texas Mexican Mafia member Adrian Torres, 27, and Shawn Michael Cain, 32. Paredes leveled a handgun to the head of Bravo as she begged for her life, ignoring her pleas, according to witness testimony at his trial. When the shot to her head wasn't fatal, Paredes fired a shotgun at her chest. Co-defendants Greg Alvarado and John Anthony Saenz - who, like Paredes, were members of the Hermanos de Pistoleros Latinos prison gang - are both serving life sentences. Paredes said he is remorseful for the slayings. "All that gang life folklore, the romanticism, it's crap," he said. "As long as one kid sees beyond all that crap because of my situation, that's fine." READY TO DIE Parades was 18 at the time of the killings and was jailed as a minor for murder. His co-defendants received life sentences. Paredes told the San Antonio Express-News he was ready to die for his crimes. "For me, what matters is that people really get to see the reality of the death penalty, that it's affecting people that are invisible, like my son, my loved ones, my family. They're the ones really carrying that burden," he told the paper in an interview published over the weekend. (sources: mysanantonio.com & Reuters) ******************** San Antonio gang member faces execution A former San Antonio gang member set to die tonight in Huntsville for a triple slaying 14 years ago has lost a federal court appeal. Miguel Paredes was 18 when he was arrested 2 days after a farmer investigating a grass fire on a remote stretch of road near his South Texas home discovered the bodies of 2 men and a woman from San Antonio. The 3 had been shot, bound and wrapped in carpet that was set ablaze and dumped in Frio County. Paredes, now 32, is set for lethal injection Tuesday evening. Prosecutors say the slayings were the result of a drug dispute involving rival gangs. The 5th U.S. Circuit Court of Appeals has rejected an appeal to halt the punishment, the 10th this year in Texas. (source: KSAT news) OHIO: Appeals court upholds Ohio killer's death sentence A federal appeals court has upheld the death sentence for the condemned killer of a Toledo woman, rejecting arguments that he is mentally disabled and received poor legal assistance. The 6th Circuit Court of Appeals also rejected a claim by death row inmate James Frazier that the death penalty amounts to unconstitutionally cruel and unusual punishment. The court's ruling Monday involved the death sentence given Frazier for the 2004 slaying of 49-year-old Mary Stevenson in her apartment, in the same building where Frazier lived. The court said a lower court had properly determined that the 73-year-old Frazier failed to present enough evidence of being mentally disabled and thus ineligible for the death penalty. Frazier's attorney, David Doughten, says he will appeal to the U.S. Supreme Court. (source: Associated Press) ********************* 250 people possible jurors in Lima death penalty case Questionnaires will go out to 250 prospective jurors next week to decide whether a convicted killer should get the death penalty for 2 more deaths he admitted to causing. Those 250 people will have until Nov. 24 to answer the questions and return the forms. They will not have to answer numerous questions on their views on the death penalty, yet. Judge Jeffrey Reed rule that will be done in person during individual questioning, should they make it that far. Church is charged with 2 counts of aggravated murder and aggravated arson from a 2009 fire that killed Massie "Tina" Flint, 45, and her boyfriend, Rex Hall, 54. The fire was at a home at 262 S. Pine St. The crime surfaced when Church told his cellmate about the crime while he was serving a life sentence for murdering a woman in 2010. (source: limaohio.com) MISSOURI----impending execution and new execution date Calls mount for Missouri to stay execution of inmate 'abandoned' by lawyers 15 former federal and state judges have called for a stay of execution for Mark Christeson, a Missouri death row inmate who is set to be executed on Wednesday, arguing that the prisoner has in effect been abandoned by his own court-appointed lawyers. Christeson, 35, will be judicially killed by lethal injection at 12.01am on Wednesday, barring a last-minute stay of execution. He is the only death row inmate in Missouri to have been denied a habeas review of his case - a crucial stage in the legal process that allows a prisoner to challenge his death sentence in the federal courts. The legal record shows that the two public defense lawyers who have represented Christeson at the federal review stage missed a key deadline to file his petition. As a result, the prisoner was told he was not entitled to have his case looked at again because his request had been made in an "untimely" manner - thus destroying his last major hope of having his sentence overturned before execution. The spotlight is now falling on his 2 Missouri-based lawyers, Eric Butts from St Louis and Philip Horwitz from Chesterfield. Not only did they file the petition 117 days late, they only met the prisoner for the 1st time more than a month after the April 2005 deadline had passed. In a brief filed with the US eighth circuit appeals court, the judges, who come from 10 different states including Missouri, accuse Butts and Horwitz of "apparent abandonment and misconduct". They say the lawyers were "clearly not up to the task before them" and compounded their mistake by refusing to withdraw as Christeson's attorneys. "Counsel appear never to have entertained the possibility that by confessing their malpractice, they might have aided their client's case," the judges argue. As a result, the judges go on, the 2 lawyers, who remain Christeson's official legal representatives to this day, have put themselves in a conflict of interest whereby they cannot argue that the prisoner should be given a new federal review because to do so would implicitly involve an admission of their own misconduct. The judges are scathing about the decision, upheld by several courts, to refuse to grant Christeson a habeas review, despite evidence that his legal representation was seriously flawed. "Cases, including this one," the judges write, "are falling through the cracks of the system. And when the stakes are this high, such failures unacceptably threaten the very legitimacy of the judicial process." In a separate report lodged with the federal district court for the western district of Missouri in June, Lawrence Fox, who teaches legal ethics at Yale law school, goes even further. He studied the case and concluded that "the conduct of Messrs Butts and Horwitz fell far beneath the bare minimum standard of care, let alone the standard applicable in a capital case; that they not only committed malpractice and breached multiple fiduciary duties, but also appear to have abandoned their client long before they did anything meaningful pursuant to their appointment by this court". Fox adds that the duo should have withdrawn from representing Christeson "years ago to avoid perpetuating an unwaivable conflict of interest". The claim of conflict of interest has been raised by two outside lawyers who became involved in the Christeson case earlier this year, paradoxically at the invitation of Butts and Horwitz. When the outside attorneys, Joseph Perkovich from New York and Jennifer Merrigan from Pennsylvania, began looking into the case, they quickly became alarmed by what they found. "We saw from the record that Christeson's appointed lawyers didn't meet him until 6 weeks after the [habeas] deadline had passed. There was no sign of any legal activity indicating that anything was going on up to and beyond the deadline," said Perkovich, a capital punishment specialist who jointly leads a death penalty clinic at Saint Louis University law school. Perkovich added that he and Merrigan had asked Butts and Horwitz repeatedly to hand over their files on the case. But even now, hours before the scheduled execution, the lawyers have shown nothing. Christeson was put on death row for the January 1998 murders of Susan Brouk, 36, her daughter, Adrian, 12, and her son, Kyle, 9. He was 18 at the time of the crimes. His cousin Jessie Carter, then 17, was also implicated in the murders but was spared the death sentence after he agreed to give evidence for the prosecution against his relative. The Guardian asked Butts and Horwitz to respond to the allegation that they abandoned their client and put themselves in a position of conflict of interest by refusing to withdraw from the case in which their own conduct had become a key issue. Butts did not immediately reply but Horwitz told the Guardian that "we were the ones who asked the outside attorneys to come in and take over the case, but the courts have denied that. The district court and 8th circuit appeals court are aware of all the facts and of our position in this case, and have decided not to allow the other attorneys to come in." Horwitz said he could not comment on any specific allegations about his or Butts' conduct as "this is still in litigation". In court submissions, the 2 lawyers have made no attempt to defend their late filing of the habeas petition, but have claimed that there was a difference of opinion about the date on which the deadline fell. "While counsel does not defend the late filing, counsel believes they had a legal basis and rationale for the calculation of the filing date. Counsel believed that they timely filed Mr Christeson's petition for writ of habeas corpus." Perkovich and Merrigan on Monday made a last-ditch appeal to the US supreme court asking for a stay of execution on grounds that Christeson had suffered abandonment by his own court-appointed lawyers. Perkovich said that were the supreme court to agree that the prisoner was entitled to a proper federal review of the case even at this late hour that would allow the prisoner's "unspeakable" personal history to be properly considered. "His brutal story of victimization and mental illness has never been meaningfully presented to any court and it would have made strong grounds to mitigate his death sentence." He added that "the tragedy is that the dismissal of the federal review occurred seven years ago and all this could have been avoided if the appointed lawyers who failed Mr Christeson had turned the case over. He has been denied his federal day in court." (source: The Guardian) ********************** Missouri inmate to be put to death as overall U.S. executions drop In Missouri, Mark Christeson, 35, is scheduled to die by lethal injection early on Wednesday. He was convicted of killing a woman and her 2 children 16 years ago. The number of executions is likely to total about 35 in the United States this year, which would be the lowest number since 31 inmates were put to death in 1994, according to the Death Penalty Information Center, which monitors capital punishment. There were 39 executions in the United States last year. The yearly number of executions since the U.S. Supreme Court reinstated the death penalty in 1976 peaked at 98 in 1999. Difficulties with carrying out the death penalty and the high cost of prosecutions have helped drive the numbers lower in recent years, analysts have said. Troubled executions in Oklahoma, Arizona and other states this year forced officials to review new combinations of lethal injection drugs and caused lawyers representing death row inmates to question whether the new mixes violated U.S. constitutional protections against cruel and unusual punishment. Oklahoma has delayed until 2015 3 executions planned for this year to implement new death penalty protocols following errors in an April execution. Christeson was convicted of killing Susan Brouk, her 9-year-old son and her 12-year-old daughter in 1998 near her home in southern Missouri. Christeson and his cousin broke into the home and raped Brouk, according to court documents. They then took the Brouks to a pond where Christeson cut the throats of the mother and son and threw them into the water. They suffocated the daughter and threw her into the pond. Christeson's attorneys argued in an appeal to the Supreme Court on Monday that his court-appointed attorneys had abandoned him and failed to meet deadlines for appeals. 17 former judges have filed a brief with the Supreme Court supporting a stay of execution based on problems with Christeson's court-appointed attorneys. (source: Reuters) ************************** Missouri Prepares for November 19, 2014, Execution of Leon Taylor Leon Taylor's execution is scheduled for 12:01 am CST, on Wednesday, November 19, 2014, at the Eastern Reception, Diagnostic, and Corrections Center in Bonne Terre, Missouri. 56-year-old Leon was convicted of the murder of 53-year-old Robert Newton in Independence, Missouri on April 14, 1994. Leon has spent the last 20 years on Missouri's death row. Leon was scheduled to be executed earlier this year, on September 10, 2014. That execution date was withdrawn by the Missouri Supreme Court. The Missouri Supreme Court has not announced its reason for withdrawing Leon's execution date, the decision to do so came days after Leon's attorneys filed documents stating that the would not have enough time to work on the case prior to the execution. Leon's mother was an alcoholic who drank while she was pregnant. She also gave alcohol to Leon to drink as a child and abused him. Leon alleged that he was sexually abused until the age of 5 and never taught right from wrong. As a teenager, Leon suffered from depression. Leon Taylor and his half siblings, Willie and Tina Owens, were driving in Tina's car discussing robbery possibilities. Taylor suggested the gas station in Independence, Missouri because only 1 person would be working. Upon arriving at the station, they discovered that the gas station manager, Robert Newton had his daughter, 8-year-old Sarah Yates, with him that day. Tina no longer wanted to rob the store. The trio bought gas and left the station, only to return minutes later because the oil light had come on. Willie entered the store and asked for some oil. Taylor then entered and drew a pistol. He pointed it at Robert and said he would shoot him unless he gave them his money. Robert handed over approximately $400 to Willie, who then left the store. Taylor forced Robert and Sarah into a back room, where he shot Robert in the head. Taylor attempted to shoot Sarah but the gun jammed. Taylor locked Sarah in the back room and returned to the vehicle, telling Willie and Tina what had happened. Robert wanted to return and kill the girl, however Willie and Tina wanted to leave, so all 3 left. (source: The Forgiveness Fuondation) COLORADO: Hickenlooper's attorneys warn TV stations that death penalty attack ad is "false;" RGA disputes claim Gov. John Hickenlooper's campaign lawyers are asking TV stations to refuse to air a death penalty ad attacking him, saying it falsely states the "governor is threatening to set a mass murderer free." The last frame of the ad states: "Now John Hickenlooper is threatening a 'full clemency' for Nathan Dunlap that could set him free." The ad cites an Aug. 25 story in The Denver Post, but the article never mentions the governor setting Dunlap free. And the governor's attorneys said that's not possible. "The statement in the ad is flagrantly false, misleading and factually inaccurate," Hickenlooper's attorneys said in their cease-and-desist letters. The ad is from the Republican Governors Association, which was asked by The Post earlier today about claims the ad was inaccurate. "There is not an error in the RGA ad. In fact, if the Hickenlooper folks want to have a conversation about what clemency means??? they should ask Governor Hickenlooper," said Gail Gitcho of the RGA. "This is HIS problem, his lack of and failure of leadership. We are happy to have this conversation." Hickenlooper faces former Congressman Bob Beauprez, a Republican, on Nov. 4. Last year, as Dunlap's execution date neared, Hickenlooper granted the death row inmate an "indefinite reprieve," which Hickenlooper's attorneys referred to in their cease-and-desist letters. "The temporary reprieve of the governor's executive order leaves only 2 possible outcomes with respect to Mr. Dunlap's sentence, neither of which includes setting him free: (1) full clemency with life in prison and no possiblity for parole or (2) execution," the attorneys wrote. But Gitcho noted that Merriam-Webster defines clemency as "a disposition to be merciful and especially to moderate the severity of punishment due and an act or instance of leniency." As defined, she said, clemency does not necessarily mean that someone would be set free, but it does not rule that out either. She cited instances where that has happened and she noted legal definitions. The ad features a heartbroken Dennis O'Connor, whose 17-year-old daughter Colleen was 1 of 4 people killed at an Aurora pizzeria in 1993 by Dunlap, a disgruntled former employee. O'Connor said he waited 20 years for justice to be done, but Hickenlooper "robbed" the victims with his decision to indefinitely delay the execution. "He's a coward who doesn't deserve to be in office," O'Connor says. The video of Dennis O'Connor was shot by A Better Colorado Future, a political group run by Republican operatives Kelly Maher and Andy George. Last week, the group released 13 painful minutes of O'Connor describing his ordeal. O'Connor is divorced and Colleen's mother Jodie McNally-Damore, has a different opinion of Hickenlooper's decision. Dunlap, she told CNN, "deserves to stay exactly in the hole that he's in ... let him rot." And Colleen's cousin, Gillian McNally, told Colorado Public Radio that she "fully supports" Gov. Hickenlooper's decision. "I actually thought it was very brave," McNally said. McNally issued a statement today: Our family has patiently sat by waiting for the election season to conclude so that we could turn on our televisions and not be reminded that my cousin, Colleen O'Conner, was murdered in 1993 in an Aurora Chuck E. Cheese. We have sat by as you have used our loss for your own political gain. We can sit by no longer. Please do not use the tragic loss of our loved one for your political ad. Contrary to what your ad claims (From the ad copy: Now John Hickenlooper is threatening a "Full Clemency" for Nathan Dunlap that could set him free), Nathan Dunlap will never be free, and will die in prison one way or another in payment for his crimes - to perpetuate this lie that he will be set free is outrageous. To the Republican Governors Association, please take down this untruthful ad. To Former Congressman Beauprez, please respect our family and our grief and ask the RGA to take this ad down and do not continue to use our tragedy on the campaign trail. To the media, please do not air this ad or write stories about it, allow us our privacy. Our family deserves to process our continuing grief in private and we request that you let us do so. The death penalty is a personal issue that requires deep reflection. It is not a political issue that should be used to win votes, but rather an issue that deserves serious contemplation, not 30-second sound bites. (source: Denver Post) ************************** Start of Aurora theater shooting trial pushed back to January; In a ruling handed down Monday, Samour said he still plans for opening arguments to start in June. Samour added, however, that he said he might grant a short delay. The judge in the Aurora theater shooting case has pushed the start of jury selection from early December to late January, partially granting a request from the defense. In a ruling handed down Monday, Samour said he still plans for opening arguments to start in June. Samour added, however, that he said he might grant a short delay. Lawyers for accused shooter James Holmes asked for the delay after a 2nd doctor's psychiatric evaluation of Holmes was completed earlier this month. Prosecutors didn't object to a short delay, and said some victims preferred jury selection start after the holidays. Samour said the delay will mean the defense will have had about 3 months to study the second evaluation before jury selection begins, which he said should be more than enough time. Prosecutors asked for the 2nd evaluation last year and Samour granted it over the defense's objections. After the second evaluation was complete, the defense asked for a longer delay, but didn't specify how long of a delay they needed. Instead they asked for a status conference in January for the 2 sides to discuss scheduling. But Samour - who has been adamant about keeping to a tight schedule and has scolded the defense for seeking delays - said further delay was unnecessary. He also said the defense has adequate resources to prepare for trial. "The defendant has multiple experienced attorneys working on this case, and his counsel's office has devoted seemingly unlimited resources, including considerable manpower, to this litigation," he wrote. Holmes is accused of killing 12 and injuring dozens more during a July 20, 2012, shooting rampage at an Aurora movie theater. He has pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty. (source: Aurora Sentinal) NEW MEXICO: Death row inmates ask NM Supreme Court for life in prison New Mexico's last 2 death row inmates want off the list and their attorneys plead their case in front of the state Supreme Court Monday morning. However, some of the family members of the victims say this latest court battle is like reliving the nightmare of their death. Attorneys for Timothy Allen and Robert Fry argue their death sentences are now unconstitutional since the state repealed the death penalty in 2009. But some of the victim's families believe the fate of the two men has been sealed by a jury. No one in the courtroom Monday was arguing the innocence of convicted killers and death row inmates Robert Fry and Timothy Allen. However, whether or not the 2 men should be put to death is now the question for the New Mexico Supreme Court. "We are here asking this court to find that the execution of Mr. Fry and Mr. Allen violate our state constitution," said Kathleen McGarry, attorney for Robert Fry. Fry and Allen's attorneys argued Monday that putting the 2 to death would be "cruel and unusual punishment," since the New Mexico Legislature repealed death penalty and executions in 2009. The attorneys also argue that killing Allen and Fry would violate equal protection for the men because the Legislature because of the Legislature's decision to establish a specific date when people could not be executed. "Somebody with the identical characteristics who committed the identical crime 1 minute after midnight, or July 1, 2009, would not receive the death penalty," said Melissa Hill, attorney for Timothy Allen. Allen killed 17-year old Sandra Phillips in 1994 after kidnapping her and trying to rape her. Robert Fry was convicted of killing a mother of five in 2000. He also murdered 3 other people in the '90s. However, the state disagrees. "This is a heavy burden (to prove,") said Victoria Wilson, an assistant attorney general for New Mexico. The state Attorney General's Office says the constitution allows for criminals to be sentenced under law that existed at the time they were convicted. "This court does not sit as super legislature with the power to uphold or strike down the laws of the state based on the court's own judgment as to the wisdom and propriety of such laws," said Wilson. Darlene Phillips doesn't feel that the latest appeal should be happening though. "The most beautiful little red head you've ever seen in your life," said Phillips while looking at a photo of her daughter Sandra. Sandra was killed by Allen in 1994 after he kidnapped and tried to rape her. "You know the court of law has already decided this, why do they get another chance to over and over again," said Phillips. Justices will take the next several months to make a decision. Sandra hopes it will finally be the end. "He murdered my daughter. I gave my...that's my baby," said Phillips. The state Supreme Court justices have not set a time table on when they'll make a decision. If the death penalty is overturned, both would get life in prison. Since 1976, when the U.S. Supreme Court reinstated the death penalty, New Mexico has only put 1 person to death. That was Terry Clark, who was executed in 2001. (source: KRQE news) ARIZONA: Jodi Arias Trial: Attorney Describes Arias as 'Mentally Ill Young Girl' in Leniency Argument The defense attorneys for Jodi Arias are arguing that the abuse the convicted killer suffered at an early age greatly impacted her, and that she should be shown leniency. The sentencing phase for Arias, who was convicted last year of killing former boyfriend Travis Alexander, started recently. In his opening arguments, Arias' attorney Kirk Nurmi told jurors that they need to understand the people involved in the case before making a decision. Nurmi described Arias' alleged abuse at the hands of both of her parents, noting that the defense will present experts to discuss how abuse at an early age can affect someone and that will play a substantial role in the defense's call for leniency, reported HLN-TV. "Using the state's own expert to make his point, Nurmi told the packed courtroom that Dr. Janeen DeMarte diagnosed Arias with Borderline Personality Disorder and this 'mentally ill young girl' then met her victim, Alexander," the broadcaster said in its recap of the 1st week of the trial. "In keeping with the strategy during the 1st trial, Nurmi attacked the 'beloved Travis' for causing Arias to suffer extreme emotional distress. Nurmi claimed Arias was the girl behind closed doors in Alexander's bedroom engaging in sexual acts but not the girl being taken out on dates, alleging that is emotional abuse and Arias was simply being used for sex. "Nurmi, who told the jury they would hear from Arias herself, cited the 27 stab wounds to Alexander as proof of Arias' extreme emotional distress in the relationship, and he told the jury the only appropriate sentence was life in prison." Prosecutor Juan Martinez said that Arias was more jilted than disturbed, and described how Arias planned ahead of time to kill Alexander. He said that the diagnosis of PTSD was given only because Arias lied in a psychological test, and also said that the Borderline Personality Disorder doesn???t make Arias mentally ill. Martinez said that he hopes the jury will sentence Arias to death for the murder. Meanwhile, Arias is desperately trying to raise money to fund appeals that she will utilize if she is sentenced to death. Insiders told the National Enquirer tabloid that Arias has already raised $30,000 but that she wants to raise $250,000 to pay "a retainer for an attorney for her appeals," a source said. Arias is going to keep selling her artwork along with "whatever else she can find to raise money." (source: The Epoch Times) ********************** News Organizations Sue Arizona Over Secrecy of Death Penalty Drugs Several local and international news organizations are suing to force Arizona to reveal information about the drugs it uses for the death penalty. The lawsuit argues that by refusing to disclose the source of its lethal injection drugs, the state is violating the public's First Amendment right to know how the death penalty is being carried out in its name. European pharmaceutical companies have stopped supplying the U.S. with drugs used to execute prisoners. The boycott has forced Arizona to find different sources for the cocktail of drugs used in lethal injections. This suit comes after Arizona's execution of convicted murderer Joseph Wood earlier this summer. Wood was injected with 15 dosages of drugs that took nearly 2 hours to kill him. The state has refused to reveal the source of the drugs it used it used. The Arizona Daily Star and 5 other news organizations filed the suit against Attorney General Tom Horne and the state Department of Corrections. Arizona Daily Star editor Bobbie Jo Buel said a government's most serious action is to carry out a death sentence. ...If ever there is a reason that the government should be transparent about how it does its work, it seems it should be in the case where it is killing someone," she said. Neither the Department of Corrections nor the Attorney General's Office would comment. (source: azpm.com) USA: What Archbishop Chaput should have said about the death penalty A few of my conservative Catholic readers have been provoked by my post about Pope Francis versus Archbishop Chaput on the death penalty to suggest a little intemperately that I don't know what I'm talking about. The Catechism permits the death penalty, they write. And anyway, His Holiness was not articulating doctrine ex cathedra (i.e. speaking infallibly) when he called on "all Christians and people of good will" to struggle for its abolition; i.e. he's entitled to his opinion but Catholics don't have to pay attention to it. Well, I never claimed that Francis was making a doctrinal statement, only that what he had to say can be seen as a rebuttal to what Philadelphia Archbishop Charles Chaput allegedly told Colorado GOP gubernatorial candidate and death penalty supporter Bob Beauprez: He said, "Bob, you pray on it, sleep on it, reach the conclusion that is right for your soul." And he said, "I'll back you up, because church doctrine is not anti-death penalty." I want to be very clear about that. So here's what the Catechism has to say about the death penalty: If, however, non-lethal means are sufficient to defend and protect people's safety from the aggressor, authority will limit itself to such means, as these are more in keeping with the concrete conditions of the common good and more in conformity with the dignity of the human person. Today, in fact, as a consequence of the possibilities which the state has for effectively preventing crime, by rendering one who has committed an offense incapable of doing harm - without definitively taking away from him the possibility of redeeming himself - the cases in which the execution of the offender is an absolute necessity "are very rare, if not practically non-existent." (That last quote, by the way, is from John Paul II's 1995 encyclical Evangelium vitae.) To conclude from this that church doctrine is (in Chaput's alleged words) "not anti-death penalty" is ridiculous. It would be like saying someone is not anti-abortion if he or she would allow abortions "only in the very rare cases where it was absolutely necessary to save the life of the mother." Moreover, the catechetical position is not that a Catholic gets to decide whether his or position on the death penalty is "right for your soul." It's that an objective determination needs to be made as to the state's ability to protect people from a convicted murderer by non-lethal means. In other words, what Chaput should have told Beauprez was: "According to church doctrine, you can't continue to support the death penalty in Colorado if it's possible to keep people safely locked up." In this respect, it's important to bear in mind that Beauprez has been attacking his opponent, Gov. John Hickenlooper for granting convicted murderer Nathan Dunlap a temporary reprieve from the death penalty, and has promised to commute Dunlap's death sentence if he is defeated for reelection. "You know," Hickenlooper told CNN, Nathan Dunlap's gonna die in prison, one way or the other." Hickenlooper, who is not a Catholic, has in recent years changed his position on the death penalty. There's no question that he's on track with Catholic doctrine. Beauprez and, apparently, Chaput - not so much. (source: Mark Silk; religionnews.com) From rhalperi at smu.edu Tue Oct 28 11:47:14 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 28 Oct 2014 11:47:14 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 28 PHILIPPINES: CBCP opposes revival of death penalty Citing Jesus as an example, the Catholic Church said society should finally learn the lesson that the innocent could lose their lives to the death penalty, stressing that its revival is unjustified. "The stance against the death penalty is in no way a posture to let criminal offenders go scot-free. The CBCP-ECPPC believes in Justice and it is ranked high in its hierarchy of values. Those who have transgressed the laws of the land should be held answerable and accountable after a fair trial; otherwise, they become effective endorsers of crime and criminal actions, and strong parody for the ethical adage that 'crime does not pay'," the CBCP Episcopal Commission on Prison Pastoral Care (ECPPC) said in a statement. The ECPPC reiterated its opposition to the re-imposition of death penalty during the 27th Prison Awareness Week observed last Oct. 20 to 26. "Taking away the life of someone, whom we have condemned, immobilized and rendered helpless with contraptions of death is a horrible lesson to teach our children, that human life is as disposable as any contraptions and trimmings of postmodern life," the Episcopal Commission added. Death penalty - whether on the cross, at the gallows, in the gas chamber or on the electric chair - has also failed to deter others from committing even the most heinous of crimes, according to the ECPPC. The Commission then called on supporters of the death penalty to consider alternatives to capital punishment. "Rather than take away precious human life, the Church wants to explore alternatives to mete out justice. For one, it seriously considers - and vigorously advocates - a shift in the paradigm of justice: from litigation to mediation; prosecution to healing; punishment to reform and rehabilitation: from the retributive to the restorative," the ECPPC added. For his part, ECPPC chairman Bishop Leopoldo Tumulak urged the faithful to love the least, the last and the lost - the prisoners. "As we celebrate the 27th Prison Awareness Week, the Church urges us to look at the prisoners as our neighbors. We are challenge to show them mercy and love them so that they may become whole again. Let us pray that we may say YES to this challenge," Tumulak said. (source: CBCP News) ************************** .. Aquino gov't remains opposed to death penalty The government under President Aquino remains opposed to the imposition of the death penalty, Justice Secretary Leila de Lima said yesterday. "The government opposes it on constitutional, philosophical, spiritual and pragmatic grounds. We subscribe to the human rights discourse that the methods of the death penalty equate to cruel and inhumane punishment," De Lima said. "Our government believes that criminality will not magically dissipate just because the state allows for capital punishment. The leader of our republic is firmly entrenched in his belief that the antidote to criminality rests on a skilled and trusted law enforcement, an effective prosecutorial service, an independent and knowledgeable judiciary, a sound economy and an empowered citizenry," she added. De Lima made the statement in her keynote speech at the opening of the 2-day 1st Asia Pacific Dialogue on Human Rights and Respect for the Dignity of Life at the EDSA Shangri-La hotel in Mandaluyong City. The 2-day conference brings together ministers of justice, public officials, religious representatives and human rights advocates from Asian countries and European Union countries to offer a platform of dialogue to those countries who have initiated a path towards a moratorium on executions in order to open a dialogue to a renovation of justice, with priority to human rights and values. De Lima told the conference delegates that even if there is a current clamor to bring back the death penalty in the Philippines, the government remains opposed to it. She noted that the death penalty has failed to show its effectiveness as a crime deterrent and capital punishment only equates to inhumane punishment. "The issue of death penalty affects us all. It sheds light on the kind of society that we wish to build, the kind of justice that we choose to uphold and the kind of people that we aspire to be," De Lima said. "Thus even as we fought for the legality of the reproductive health law and while we recognized the right to health of women, we never once wavered in our conviction about the sanctity of human life. Much has our own President," she explained. The death penalty was 1st abolished in 1986. It was restored in 1993 during the term of then President Fidel Ramos. In 1999, during the term of then President Joseph Estrada, the Philippines held its 1st execution with the death of convicted child rapist Leo Echegaray by lethal injection. The death penalty was suspended by former President Gloria Macapagal-Arroyo with the signing of Republic Act 9346 on June 24, 2006. Capital punishment was replaced by life imprisonment or an imprisonment of at least 30 years. (source: Philippine Star) SOUTH KOREA: South Korean prosecutor asks for death penalty for Sewol ferry captain South Korean prosecutors called Monday for the death penalty for a ferry captain facing murder charges after abandoning his capsized ship and leaving hundreds of schoolchildren behind as it sank. Capital punishment is rarely imposed in South Korea - no one has been put to death in almost 2 decades - but the sentencing recommendation underlines the raw wounds that the April 16 disaster left in this country. The capsizing of the Sewol, the result of the boat being dangerously overloaded, killed 304 people, the vast majority of them students from a single high school. Ten bodies have not been recovered. Lee Joon-seok, the 68-year-old captain of the Sewol, has been charged with "homicide through willful negligence" for abandoning the ferry as it went down in choppy waters off the southern coast of South Korea en route to the vacation island of Jeju. Prosecutors also asked the judge to hand down life sentences to three crew members facing the same charges, if they are found guilty, the Yonhap News Agency reported. Varying prison terms are being sought for other crew members charged with abandoning their duties. The court is expected to issue its verdict and sentences for the 15 crew members on Nov. 11. "The accused are guilty of willful negligent murder," the prosecution said in Gwangju district court Monday. "They put saving their lives before helping the passengers to survive, violating their duties." Appearing calm as he read a prepared statement in court, Lee said he had not intended for the accident to happen. But he said he deserved to die. Prosecutors said testimony and evidence showed that the crew members understood the situation clearly. "The passengers inside the ship could not be saved unless they made their way to the decks," prosecutors told the court. "Passengers were not notified about the condition of the ship tilting and sinking. The coast guards were arriving in a few minutes, but the crew didn't make a slightest effort to get the passengers ready for the escape." Even after their escape, no crew member notified the coast guard about the trapped passengers, the prosecutors said. All the passengers could have been saved within six minutes, they said, based on a simulation they had done. Bereaved families attending the court proceedings were not satisfied with only 1 death penalty recommendation, with many saying more of the crew deserved "the maximum possible penalty." But the defense contended that the ship was a ticking time bomb, doomed to sink because of its load. The case has gripped South Korea, partly because of the scale of the tragedy and the youth of its victims, but also because of the bizarre details that have emerged about the ferry company's owner. The 73-year-old billionaire who founded the company, Yoo Byung-un, turned out to be the leader of a religious cult and had enriched himself by squeezing money out of his businesses, including ordering modifications to the Sewol to conceal the fact that it was carrying much more than the allowed weight. Yoo went on the run after the sinking, and his badly decomposed body was found in June. The Sewol disaster also has divided the nation. Scores of representatives of victims' families have camped out in a plaza in central Seoul, going on hunger strikes and calling for President Park Geun-hye's administration to establish an independent probe into the ferry sinking. Banners and floral tributes still festoon city hall. (source: Washington Post) Just across the road, another group of protesters has set up tents and is calling on the victims??? families to end their vigil, saying the mourning has gone on long enough. MALAYSIA: Police Arrest 7 Iranian Nationals, Seize Syabu Worth RM1.1 Mln Police believe they have crippled an international drug syndicate with the arrest of 7 Iranian nationals and 1 local woman in 5 locations around the city last Thursday. Syabu weighing 7.4kg worth RM1.1 million was seized. Bukit Aman Narcotic Crimes Investigation Department director Datuk Seri Noor Rashid Ibrahim said among those arrested was the leader of the syndicate, known as the 'Drug Kingpin'. He said acting on public tip-off and police intelligence, the 1st Iranian man was detained in a car stopped at the Penchala Link Expressway, initially to facilitate investigation of a drug trafficking case. The information provided by the man led to the arrest of 2 other Iranian men and a local woman, believed to be connected with the syndicate, at a luxury condominium in Desa Sri Hartamas, he said. With more information, he said 3 other Iranian nationals, including 2 women, were picked up at condominium in Mount Kiara. "Police then raided another condominium in Jalan Kuching where another Iranian man was arrested. Following a search, police also found 7.4kg of syabu worth over RM1 million," Noor Rashid said. Also seized from the suspects were 7 luxury cars, including of Mercedes Benz, Volvo, Volkswagen and Mazda, cash of RM33,332 and some foreign currencies. He said all of the Iranian nationals, aged between 22 and 46, had entered Malaysia as students and workers, while the local woman worked at an information technology company. They have been remanded for seven days to facilitate further investigation under Section 39(B) of the Dangerous Drugs Act 1952, which carries a mandatory death penalty upon conviction, he said. Meanwhile, Noor Rashid said a 60-year-old man from South Africa, believed to be a drug muse, was arrested at the KL International Airport last Saturday. "Police found 2.1kg of syabu worth RM200,000 hidden in a biscuit box carried by the man," he said, adding that the man had also been remanded for 7 days to facilitate further investigation. (source: Bernama) INDIA: SC rejects Nithari killer Surinder Koli's plea to review death penalty The Supreme Court on Tuesday rejected the plea by Nithari killer Surinder Koli seeking recall of the judgment upholding his death sentence in Rimpa Haldar murder case. The apex court bench of Chief Justice HL Dattu, Justice Anil R Dave and Justice SA Bobde, in the 1st open court hearing of the review petition of death sentence cases, said: "we are fully satisfied that this court has not committed any error that may persuade us to review the order," upholding Koli's death sentence. Referring to the argument by senior counsel Ram Jethmalani that Surinder Koli was not given a proper legal assistance to defend his case, the court directed that in future the trial court will ensure that the accused in other cases be given proper legal assistance by a lawyer of expertise and who can devote time. Jethmalani said the entire evidence relied upon by the trial court in convicting and sentencing Koli to death clearly shows that he was tormented by the police to give evidence against himself and autopsy report shows that the murder of 14 children was done by medical expert precision with the objective of trading in organs. Previously, the SC had extended its order putting his execution on hold till 29 October. Koli is presently in a high-security barrack in the Meerut jail given he's a special category prisoner. So far, Koli has not reportedly intimated the authorities about his last wish. Koli will be the 18th criminal to be hanged in the Meerut jail. A warrant was issued on 3 September by Ghaziabad's Additional sessions Judge Atul Kumar Gupta in the name of 42-year-old Koli stating that he should be hanged to death after he had exhausted all his legal remedies in this case. Koli has been sentenced to death in connection with the killing of Rimpa Halder and in 4 other cases. Koli was awarded the death sentence by a lower court, which was upheld by the Allahabad High Court and confirmed by the Supreme Court on 15 February, 2011 for the murder of Rimpa Halter in 2005. Holding that Koli "appears to be the serial killer", the court had said "No mercy can be shown to him." A total of 16 cases were registered against Koli. His employer Moninder Singh Pandher, who was also sentenced to death in Rimpa Halder case, was acquitted by the Allahabad High Court. Out of 16 cases filed against Koli, he has been awarded death sentence in five of them so far and others are still under trial. (source: First Post) UNITED NATIONS: Citing 'surge' in executions, UN expert voices deep concern about right to life in Iran The human rights situation in Iran remains of deep concern, an independent United Nations expert said today, flagging issues related to the right to life, the judicial system, religious persecution, and discrimination against women. Ahmed Shaheed, Special Rapporteur on the situation of human rights in Iran, spoke to reporters in New York ahead of the presentation of his latest report to the General Assembly committee dealing with human rights issues (Third Committee) tomorrow. "The main concerns in my report deal with issues of right to life," he stated, adding that he has observed a "surge" in executions in the country in the past 12 to 15 months. At least 852 individuals were reportedly executed between July 2013 and June 2014, representing an "alarming" increase in the number of executions in relation to the already-high rates of previous years, he wrote in his report. "The Government also continues to execute juvenile offenders," he added. "In 2014 alone, eight individuals believed to be under 18 years of age at the time of their alleged crimes were reportedly executed." Mr. Shaheed also noted a "widening of the range of offenses" for which people are put to death, including economic crimes and what are clearly political activities. As pointed out in the report, the new Islamic Penal Code that entered into force in 2013 now omits references to apostasy, witchcraft and heresy, but continues to allow for juvenile executions and retains the death penalty for activities that do not constitute most serious crimes in line with the safeguards guaranteeing protection of the rights of those facing the death penalty such as adultery, repeated alcohol use, and drug possession and trafficking. The expert said he was "shocked" by the execution over the weekend of Reyhaneh Jabbari, a young woman who was hanged in a Tehran prison for killing a man she said was trying to sexually abuse her. Mr. Shaheed had raised his concerns about Ms. Jabbari's trial with the Government on several occasions but had not received satisfactory replies. He also cited concerns about the rights of lawyers; the right to expression, association and assembly; and extensive measures taken by the Government to restrict access to information. Religious persecution also remains a concern, he said, noting that there are at least 300 people in detention for their religious practices. "Of increasing concern to me is the worsening situation of women in the country," Mr. Shaheed added, noting that, among other things, the number of women enrolled in university has decreased from 62 % to 48 % over a 2-year period. Other concerns include the lack of opportunities for women in the workplace, as well as wage disparities. Early and forced marriages are another major concern, the expert said. The legal age of marriage for girls in the country is 13 years, but girls as young as 9 years of age may be married with permission from a court. According to the report, at least 48,580 girls between 10 and 14 years of age were married in 2011, 48,567 of whom were reported to have had at least one child before they reached 15 years of age. Some 40,635 marriages of girls under 15 years of age were also registered between March 2012 and March 2013, of which more than 8,000 involved men who were at least 10 years older. Furthermore, at least 1,537 marriages of girls under 10 years of age were registered in 2012, which is a significant increase compared with the 716 registered between March 2010 and March 2011. The number of registered divorces for girls under 15 years of age has also consistently increased since 2010, the report added. The Government has responded by stating that the law prohibits forced marriage, meaning that all marriages in the country are consensual. Independent experts or special rapporteurs are appointed by the Geneva-based UN Human Rights Council to examine and report back on a country situation or a specific human rights theme. The positions are honorary and the experts are not UN staff, nor are they paid for their work. Mr. Shaheed has not been allowed entry into Iran since he took up his post in 2011. He has prepared his reports based on numerous official Government sources, interviews with Iranians both inside and outside the country and reports sent to him by credible human rights organizations. (source: UN News Centre) QATAR: Qatari prosecutor declines to seek tougher sentence in murder case The family of a British teacher murdered in Qatar have expressed disappointment that the prosecutor has declined to appeal the 3-year sentence handed to an accomplice who helped to burn the woman's body. The prosecutor also asked the Qatari appeals court to uphold the death sentence for Badr Hashim Khamis Abdallah Al Jabar, who was convicted of the murder of Lauren Patterson in Doha a year ago, Doha News reported. Mohamed Abdallah Hassan Abdul Aziz was sentenced in March to 3 years' jail for helping Al Jabar burn Patterson's body, as well as damaging and erasing evidence. If Al Jabar's sentence is carried out it will reportedly be the 1st execution in Qatar in more than a decade. Although the death penalty has been issued it has not been enforced. Patterson, 24, went missing after a night out in Doha in October, last year. The court heard she was last seen alive in a car with Al Jabar and Abdul Aziz. Her burnt body was found a day later dumped in a pit at a farm in the desert village of Al Kharrara, near Wakrah. A forensic expert told the court a knife had been found stuck in "what appeared to be" her rib cage. The prosecutor said she had been sexually assaulted and stabbed twice. During the trial, defence lawyers claimed that her death was an accident and that both men had been forced into confessing to the crime. A lawyer representing Patterson's family had said he hoped the prosecutor would seek a harsher penalty for Abdul Aziz. Following the trial, Patterson's mother Alison Patterson told the media that "justice was served" in the case of Al Jabar, but that she was deeply upset with Abdul Aziz's lighter sentence. "At no time did he choose to help my daughter or report the murder. In fact he did the contrary; he helped (Al Jabar) dispose of Lauren's body in the most callous and barbaric way," she was quoted as saying at the time. Alison Patterson, who does not live in Qatar but flew to the Gulf state to attend the appeals court hearing on Sunday told Doha News she was disappointed the judge did not make a ruling on whether to uphold the sentences. "I am disappointed that we have got to come back on November 23," she was quoted as saying. "We had hopes as a family that today's hearing would bring some kind of closure for us all. Everyone is still struggling to come to terms with what has happened to Lauren." The hearing came a few days after the one-year anniversary of Lauren's death. Her family and friends marked the occasion at a church in her hometown of West Malling in the UK. Following a service, a single white dove was released in memory of the young woman. A tree also was planted outside a school in Luxembourg where Lauren used to work. In Doha, Lauren's friends released several sky lanterns into the sky. (source: Arabian Business) SOMALIA: Death penalty for apostasy not justifiable in Islam: Somali scholar Somali author Abdisaid Abdi Ismail has come under intense scrutiny after publishing a Somali language book titled "The Rule of Apostasy in Islam: Is it True?" in which he argues that there is no religious justification for killing people for apostasy. The book sparked mixed reactions among the Somali community in Kenya and Somalia following its launch in Nairobi on September 14th. After some clerics called for the book to be banned and burned, most Somali bookstores in Eastleigh stopped selling it, and it is now being sold "discreetly" in a few bookstores in Garissa and Nairobi as well as online, Ismail said. Ismail, a 50-year-old Galkayo native, was received a scholarship from Umm al-Qura University in Mecca, Saudi Arabia, where he studied sharia law and advocacy, graduating in 2002 with a master's degree in Islamic economics. Since then, Ismail has written two books in Arabic, "Muslim Countries' Expanding Debt Dilemma" and "Globalisation in the Muslim World: Facts and Figures", and two other books in Somali, "How to Eradicate Poverty" and "Introduction to Islamic Economics". Ismail, a father of three, has taught economics at East Africa University in Bosaso since 2009, but says he cannot go back to Somalia now due to death threats he has received since publishing his latest book in Nairobi. In an exclusive interview with Sabahi, Ismail talks about why it is important to discuss the subject of apostasy in Islam, his research on the topic, and the need to promote and tolerate a healthy debate on diverse ideas among Somalis. Sabahi: Tell us more about your book and why you wrote it. Abdisaid Abdi Ismail: The main thesis of this book is about apostasy in Islam, but I also talked about several other issues such as state and religion, gender equality in terms of blood money, death by stoning of adulterers and adulteresses, et cetera. I wrote this book for the Somali community to let them know some of the big issues in their religion that involve their life in this world and hereafter, which some Somali clerics continuously explain in a way that does not match the real meaning of the Islamic teachings. I hope that the people who read this book will realise what Islam says about the issues covered by the book, but the core message is that Islam is the religion of humanity and mercy, and it values above all the life of human beings. Sabahi: You made the issue of apostasy your main focus. Why do you think it is so relevant now and important for Somalis to understand? Ismail: It is a very important issue in [Muslim] society today because extremist groups are using the apostasy issue as a tool to justify their heinous and brutal killing against those who oppose their erroneous interpretation of Islam or even their political agenda. This issue is very important for the Muslim community in general, but especially for the Somali community, because their blood is being shed on a daily basis using apostasy as a tool to justify it. I believe the topic deserves to be discussed in a broader way in the current situation of the Muslim world. I would have liked if someone else could have written about it, but unfortunately no one has written about it and that has forced me to do it now, and I chose the Somali language so as to be able to reach Somali speaking peoples in East Africa and throughout the world at large. Sabahi: Is death an adequate punishment for apostasy and in line with Islamic teachings? Ismail: I have been researching the issue of apostasy for a while, comparing the various perspectives and the evidences that each extremist group is using and what the Qur'an and the teachings of the prophet said about it. What my findings led me to conclude is that the death penalty for apostasy does not have any valid argument in Islam even though it has been used for centuries for political purposes by ruling elites in successive historical Muslim regimes as a form of treason for Muslims who left the religion, because religion was an all-encompassing identity for people at the time. Sabahi: What does your research say is the correct punishment for apostasy according to Islam? Ismail: Based on scholarly review of the religious teachings, my view regarding apostasy is that there is no punishment for apostasy in this world. The punishment is in the hereafter and it is between the individual and God. Freedom of religion and beliefs are some of the basic human rights and no one has a right to interfere with what others believe. Diversity and different ideas and opinions are very crucial for co-existence, coherence and development of any society. Sabahi: Why should Muslims read this book? Ismail: They should read it because they need to know the lack of authentic justification for apostasy punishment in Islam, which I am satisfied that there is no valid support to back up the death penalty for apostasy in Islam. The book will clarify for readers many other issues directly or indirectly related to the issue of apostasy and will hopefully dissuade groups from using [this issue] to kill people [based] on false justification. I am hopeful that as [the number of] people reading the book increases, the madness sweeping in my country will ease a little bit and youths will eventually realise they are being used against their people under an un-Islamic pretext. Sabahi: What is lacking in the conversation among Somalis when debating these issues and ideas? Ismail: Several points are lacking in this matter, such as critical thinking and new scholars who can interpret the Qur'an and the hadith (the teachings of Prophet Mohammed) according to its original context without the interest of specific groups who want to hijack Islam for their own benefits. There has to be an open and free dialogue among scholars and the masses as to how to interpret Islamic sources in a way that can help Muslims live a civilised and tolerant way of life as they should, so that it can lead them to live in peace among themselves and with others in this global world of ours. Sabahi: What is the source of al-Shabaab's ideology? Ismail: I believe that al-Shabaab and other similar groups are just implementing the teachings and understanding of some hardline Islamic scholars who interpret some Islamic scriptures according to their agenda. To get rid of al-Shabaab and other extremists, first we need to explain the Qur'an and hadith and other Islamic sources of knowledge according to their original context. The war against al-Shabaab and other fundamentalists is a war for the hearts and minds of Muslim society and to win that war we have to reveal the real nature of Islam which is peaceful, tolerant, moderate and democratic. Sabahi: Groups such as al-Shabaab argue they are trying to recreate society exactly as it was at the time of the Prophet Mohammed. What is wrong with that? Ismail: There is nothing wrong with that, but who is presenting that? My argument is that we need to understand the real Islam, not the politicised Islam. On the other hand, we have to take into consideration the difference between the time that the Prophet Mohammed, peace be upon him, and his companions lived, and our world, in the 21st century, when the circumstance of life are completely different. Sabahi: Did you expect such a negative reaction to your book? Ismail: Frankly, I was expecting the book to create academic debate among scholars, but I never expected that someone would call for the burning of the book and declare the author an apostate. That is the very thing that the book was trying to address and it seems those who are critical of it have not actually understood the main message of the book, which is [to promote] dialogue and discussion. However, there have been positive responses from various quarters who say the time was right to raise the issue. Sabahi: How are you doing and what is next for you? Ismail: I came to Nairobi from Somalia in August this year for the sole purpose of publishing this book since there are no publishers in Somalia. If there were any publishers in Somalia, they would not have been willing to publish the book anyway. Now I am just trying to save myself from some of those extremists and their supporters who have not hidden their intentions to harm me after my book. My movements are discreet and restricted, most of the time I am indoors. At the same time, I am working on how the peaceful Islam can be spread among Somali society. I will never be stopped or intimidated from speaking and discussing issues that I feel are important to bringing the correct and real Islam to my society. I will continue to reveal the truth about the correct stance of the religion regarding several issues that I addressed in this book and other [issues]. (source: sabahionline.com) From rhalperi at smu.edu Tue Oct 28 17:34:19 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 28 Oct 2014 17:34:19 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, N.C., FLA., MO., OKLA., NEB., USA Message-ID: Oct. 28 TEXAS----imminent execution US Supreme Court denies last appeal from ex-gang member facing execution for 2000 deaths The U.S. Supreme Court denied the last-chance appeal of a former gang member scheduled for execution Tuesday evening after his defense attorneys argued that the man, who was convicted of killing rival gang members 14 years ago in Texas, is mentally impaired. The court denied a stay for Miguel Paredes in a brief order released Tuesday. Paredes, 32, was among three men convicted in the September 2000 shooting deaths of three people with ties to the Mexican Mafia at a home in San Antonio. The victims' bodies were rolled up in a carpet, driven about 50 miles southwest, then dumped and set on fire. A farmer investigating a grass fire found the remains. Prosecutors alleged that Paredes, who turned 18 6 weeks before the slaying, was the most aggressive shooter when the 3 victims showed up to collect drug money. Paredes' execution would be the 10th this year in Texas, the nation's most active death-penalty state. With no other lethal injections scheduled this year, the annual total would be the lowest since three were carried out in 1996. But at least 9 are scheduled for early 2015, including 4 in January. Paredes' attorney, David Dow, said the execution should be stopped because Paredes had "a significant mental disease" that may have affected his judgment when he told his previous lawyer 10 years ago not to investigate his family background. Dow also told the Supreme Court that Paredes' previous lawyer was deficient for not investigating the inmate's medical history. In a response filed Tuesday morning, state lawyers said Paredes "presented no evidence that he is or ever has been mentally ill or incompetent," and that his earlier attorney couldn't be considered deficient when he "abided by Paredes' explicit instructions." Lower courts have sided with the state, which also noted that the latest appeal was filed after a deadline. Dow and the Texas Attorney General's Office didn't immediately return messages seeking comment Tuesday. Prosecutors told jurors that Paredes was suspected in several other crimes, including other killings and drive-by shootings. Defense attorneys argued that he grew up in a gang-infested neighborhood, and the only way to survive was to join a gang. Paredes was convicted of fatally shooting Nelly Bravo and Shawn Michael Cain, both 23, and Adrian Torres, 27. Prosecutors said the 3 were shot when they tried to collect drug money at the home of John Anthony Saenz, a leader in Paredes' gang. "Evidence showed Miguel seemed to be the most aggressive and an active shooter," said Mary Green, the Bexar County district attorney who prosecuted Paredes. Police got a break in the case when paperwork carrying Saenz's name was found in the debris with the three burning bodies. Saenz, 32, claimed self-defense at his trial and avoided the death penalty when jurors sentenced him to life. The third suspect, Greg Alvarado, 35, pleaded guilty and also is serving life in prison. (source: Associated Press) NORTH CAROLINA: Group to honor men for opposing death penalty 2 Durham political leaders will be honored in November for their work against the death penalty. State Sen. Floyd McKissick Jr. and former Durham Mayor Pro Tem Howard Clement III will receive leadership awards from People of Faith Against the Death Penalty. The awards will be made at the group's 20th anniversary banquet, starting at 6 p.m. Nov. 14 at the Friday Center at UNC in Chapel Hill. McKissick will be honored for sponsoring the N.C. Racial Justice Act of 2009 in the N.C. Senate. Clement successfully championed the group's 1999 resolution for a moratorium on executions, making Durham the 1st major city in the state and 1 of the 1st in the nation to call for a suspension of executions. In 2012, with Clement's support, Durham became the 1st major city in North Carolina to pass a resolution calling for repealing the death penalty. A banquet reception at 6 p.m. will be followed by dinner and the program starting at 7:15 p.m. Tickets and sponsorship information are available at http://pfadp.org. People of Faith Against the Death Penalty was founded as an interfaith nonprofit organization in 1994. It became a national organization in 2004. (source: The Herald-Sun) FLORIDA: Jury recommends death penalty for man convicted of killing wife in Seminole County; Dwayne White convicted of 1st-degree murder last week A jury recommend the death penalty Tuesday afternoon for a man convicted of killing his wife. Dwayne White was convicted last week of 1st-degree murder in the 2011 stabbing death of his estranged wife, Sarah Rucker, outside a Miami Subs shop in Longwood. The testimony in the penalty phase took just a couple of hours. The prosecution had a victim's advocate read a letter written by Rucker and White's oldest daughter who is in pharmacy school. "How are my siblings going to go through life without her? How are they going to wake up every day knowing my mother was killed by their father, who for some reason they also loved?" read Pamela Theiss, victim's advocate. White chose not to take the stand. During closing statements, the defense played an excerpt from a 911 call Rucker had made during an earlier confrontation with White on the day she was killed. The defense suggested to jurors they remember those screams when they consider the suffering Rucker endured. "Do you think he was smiling as he was cutting her throat and reaching around time after time pulling that knife from her left throat over to his right side?" said Jeffy Dowdy, defense attorney. Ultimately the decision will be made by Judge Kenneth Lester. It is unclear when Lester will give his ruling. (source: WESH news) MISSOURI----impending execution Missouri prepares for 9th execution of 2014 Missouri officials were preparing on Tuesday to execute a man who wasn't able to appeal his conviction in federal court because his attorneys missed a filing deadline. Mark Christeson was scheduled to die at 12:01 a.m. CDT Wednesday for the killing of a woman and her 2 children in 1998. Christeson had 2 appeals pending with the U.S. Supreme Court on Tuesday. One challenges the state's planned use of a made-to-order execution drug produced by an unidentified compounding pharmacy. The other argues that he deserves the chance to appeal his case in federal courts, which is the norm for inmates sentenced to death. Christeson would be the ninth person executed by Missouri this year, which would equal the state record set in 1999. That could be exceeded next month, as Leon Taylor is scheduled for execution Nov. 19 for killing a gas station attendant in suburban Kansas City 20 years ago. In addition to the court appeals, Gov. Jay Nixon was weighing a clemency request. In Maries County, a south-central Missouri county with just 9,000 residents, there is little argument with the death sentence, prosecutor Terry Daley Schwartze said. "No matter how anybody feels about the death penalty, you can't find a person around here who doesn't feel it's the right result for this case," Schwartze said. "It's so very awful." When he was 18, Christeson and his 17-year-old cousin, Jesse Carter, came up with a plan to run away from the home outside Vichy where they were living with a relative. On Feb. 1, 1998, Christeson and Carter took shotguns and went to a home about a half-mile away where Susan Brouk, 36, lived with her 12-year-old daughter, Adrian, and 9-year-old son, Kyle. They planned to steal Brouk's Ford Bronco, Schwartze said. The cousins tied the hands of the children with shoelaces. Christeson forced Brouk into a bedroom and raped her. When they went back into the living room, Adrian recognized Carter and said his name. "We've got to get rid of 'em," Christeson told Carter. Court records show that Christeson and Carter forced Brouk and the children into her Bronco and took electronics and other items. They drove to a pond. After kicking Brouk in the ribs, Christeson cut her throat, then cut Kyle's throat and held him under the water until he drowned. Carter held Adrian while Christeson pressed on her throat until she suffocated. Carter pushed her body into the pond. With Brouk struggling to stay alive, the men tossed her into the pond, where she drowned. Brouk's sisters discovered a few days later that Brouk and the children were missing. A Missouri State Highway Patrol helicopter spotted one of the bodies in the pond, leading to a search that found all 3. Meanwhile, Christeson and Carter drove to California, selling Brouk's household items along the way. A detective in Riverside County, California, recognized Christeson and Carter from photos police had circulated, and the men were arrested 8 days after the killings. Carter was sentenced to life in prison without parole after agreeing to testify against Christeson. (source: Associated Press) *********************** Death Row Inmate Waits to Know if Request for a Stay Will Be Granted A Missouri death row inmate is waiting to find out if he'll get an 11th-hour reprieve. Lawyers for Mark Christeson say his execution - set to take place at one minute past midnight Wednesday morning - should be postponed due to mistakes made by Christeson's previous team of attorneys nearly a decade ago. They've filed a request with the U.S. Supreme Court for a stay, citing the original attorneys' failure to place a timely request for a federal review, which is standard procedure in death penalty cases. The original petition was denied by the 8th Circuit Court of Appeals, prompting the request to the U.S. Supreme Court. Several former judges are backing the appeal. Christeson was convicted of breaking into a southern Missouri woman's home in early 1998, raping her, then killing her and her 12-year-old daughter and 9-year-old son. He was 18 at the time. His cousin and co-defendent is serving life in prison for the crime. Legal experts say it's rare for anyone to face execution without having their case appealed in federal court. (source: KMOX news) ********************* Missouri death row inmate bids to change lawyers hours before execution A death row inmate in Missouri is struggling to change his lawyers just hours before he is set to be executed, in a last-ditch effort to persuade the US supreme court to postpone the judicial killing on grounds that his previous attorneys were incompetent. In a highly unusual 11th-hour exchange of briefs before the nation's highest court, Mark Christeson, 35, has presented documents to the justices that suggest he wants to take on new legal representation and ditch his previous lawyers. The state of Missouri is resisting the move. If the attempt fails, Christeson will almost certainly be put to death by lethal injection at 1 minute past midnight in 1 of 2 executions scheduled to take place in the US on Tuesday night. He was put on death row for the January 1998 murders of Susan Brouk, 36, her daughter, Adrian, 12, and her son, Kyle, nine. He was 18 at the time of the crimes. In its final hours and minutes, the case is coming down to claims that Christeson was grossly let down and abandoned by his existing court-appointed lawyers who have represented him since 2004. Legal documents lodged with state and federal courts show that the two Missouri-based lawyers, Eric Butts and Philip Horwitz, failed to meet a crucial deadline for filing a petition that would have secured Christeson a federal review of his conviction. As a result, Christeson was denied the review - and with it his final substantive hope of avoiding death - on grounds that his request had been "untimely". In recent days, 15 former federal and state judges have submitted a joint brief organised by the Constitution Project in which they say that Butts and Horwitz were "not up to the task before them" and accuse the lawyers of "apparent abandonment and misconduct". Horwitz and Butts have yet to respond to specific questions from the Guardian. Horwitz said that he was unable to answer as the case was still in litigation. The record shows that Christeson has been trying to switch his legal representation from Butts and Horwitz to 2 new out-of-state lawyers, Joseph Perkovich and Jennifer Merrigan, who have been advising him on the case. But so far all courts that have dealt with the case have refused to allow Perkovich and Merrigan to officially take over as Christeson's counsel. As a result, Christeson has been left in a state of apparent legal limbo in which he is still represented by lawyers who allegedly failed him at a crucial stage in his case, setting up a conflict of interest in which all parties are trapped. In their submission the former judges wrote that "Cases, including this one are falling through the cracks of the system." On Tuesday morning Justice Samuel Alito of the US supreme court ordered both sides in the case to present briefs regarding whether or not Merrigan and Perkovich should be allowed to step in at this late stage as Christeson's official lawyers. In their brief, Merrigan and Perkovich reproduce a letter typed for Christeson in prison by a fellow inmate in June. In it Christeson related how his existing lawyers, Horowitz and Butt, apparently tried to persuade him that the new lawyers "did not have my best interest in mind and that I would be better off with attorneys from Missouri". But Christeson went on to say, "I respectfully disagree. I personally feel that attorneys Joe Perkovich and Jennifer Merrigan should be allowed to represent me. I truly believe that they do have my best interest in mind and more so then [sic] Horowitz and Butts." In another hand-written letter to Merrigan he said: "I really believe you and Joe were meant to represent me." In its brief, the state argues that there is no evidence that Christeson wishes to change lawyers. No retention letter authorising the appointment of the out-of-state attorneys had been put into the record. Unless the supreme court allows the change of lawyers to go ahead, Christeson will have no chance of arguing before the justices that his incompetent legal representation denied him the right to a federal review. And without that, his chances of avoiding lethal injection are minutely slim. (source: The Guardian) OKLAHOMA: Death penalty option for decaptitation cases A state senator said Monday he's pursuing legislation to ensure that anyone convicted of beheading a victim could be sentenced to death or life without parole. A case in Oklahoma inspired Sen. Brent Steele, R-Bedford, to check Indiana law to see if decapitation would be an aggravating circumstance that could lead to the death penalty. Steele said he learned it would not. "One of the most horrendous crimes one can think of would be to have your spouse or child beheaded," Steele said in an email to constituents on Monday. "Decapitation with a hunting knife wouldn't lend itself to even having an open casket," he said. "All human decency is stripped from that violent act, whether it is motivated in a jealous rage of a mad spouse or inspired by some religious fanaticism, which our government is at a loss to call it what it is." In the Oklahoma case, prosecutors are seeking the death penalty against Alton Alexander Nolen, 30, who has been charged with 1st-degree murder in the death a 54-year-old woman at the plant where he'd been fired. Nolen is accused of stabbing the woman and then beheading her. Police said Nolen is a practicing Muslim who had been trying to convert co-workers to the religion, something Steele appeared to seize on. "As a society, we cannot prevent a person from being mean to the core or committing atrocities in the name of religion, but we can up the cost for unspeakable behavior such as beheading," he said. In Indiana, prosecutors can seek the death penalty or life without parole in a murder case if they can prove one of 16 aggravating circumstances. The most common is the commission of another serious felony, such as rape or attempted murder, at the time of the original offense. Other aggravating circumstances include burning, torturing or mutilating a victim before killing them and dismemberment after death. Steele, an attorney, authored the bill in 1995 that added those circumstances to the law. But Steele said the nonpartisan Legislative Services Agency told him that "decapitation technically isn't mutilation and it isn't dismemberment after death" and therefore the death penalty might not be an option. So Steele said he asked LSA to draft legislation to add decapitation or an attempted decapitation to the list of crimes punishable by life without parole or the death penalty. The bill can be considered when lawmakers return in January to the Statehouse for the 2015 legislative session. (source: nuvo.net) NEBRASKA: Death penalty 'in limbo' for now----Officals say other crises have 'diverted' state from resolving lethal injection program's problems Attorney General Jon Bruning expects that another year will pass before Nebraska can be ready again to carry out its death penalty. The state's top justice official blames the delay on the shortage of execution drugs, the state prison sentencing fiasco and the November elections. The 3 events combined to leave Nebraska without a means of executing the 11 men now on death row, he said. They also have put efforts to find an alternative on hold. "Death row is sort of in limbo today," Bruning said. "I wish we had been prepared to try to provide the answer this summer and fall, but we ended up being diverted." He commented on the status of Nebraska's death penalty in an interview last week. The state lost its ability to carry out an execution earlier this year, when its supply of sodium thiopental expired. Nebraska's execution protocol calls for sodium thiopental to be the 1st of 3 drugs administered to kill condemned prisoners. Until 2009, the 3-drug combination was the most common method of carrying out lethal injection around the country. It has never been put to use in Nebraska. The state has not executed anyone since 1997, before it switched methods from the electric chair to lethal injection. Supplies of sodium thiopental dried up after an American drugmaker stopped manufacturing it and the European Union, urged on by anti-death-penalty activists, banned its export for executions. Nebraska bought its last supply of the drug from a broker in India. Bruning said there are several alternatives Nebraska could pursue to overcome execution barriers. But state officials may not have an easy road to that end. State Sen. Ernie Chambers of Omaha, an adamant opponent of the death penalty, said he will fight every attempt to make executions possible again. "I would fight tooth and nail, or fang and claw, against what Bruning is talking about," he said. "It's not going to be an easy thing for anything to be done that will facilitate carrying out judicial executions." 1 option would be sticking with the 3-drug method and having sodium thiopental made at a compounding pharmacy. Nebraska could buy from a private pharmacy, hire someone to compound it or join with a consortium of other states to have it compounded, Bruning said. Another option would be switching to a different execution drug or combination of drugs, as have many other death penalty states. Before making such a switch, state officials would have to change the Department of Correctional Services' rules and regulations. Those rules currently spell out the 3-drug protocol. Bruning said he would recommend broader rules that would not specify what drug or drugs are to be used and would leave that decision up to the Corrections director for each execution. "The advantage to that is, when you pick one option, like Nebraska has, then the anti-death penalty litigation machine lines up against whatever the scarcest of those (drugs) is," he said. "They can create a bottleneck." But Chambers said the Corrections director should not be allowed to make that kind of life-and-death decision, considering the numerous Corrections Department failures that have come to light this year. "That kind of authority cannot be entrusted to a slipshod, slapdash, incompetent operation such as that," he said. Chambers also wondered whether current law gives too much policy-making authority to Corrections officials. By law, the department chooses the execution drugs, then spells out its method in rules. Bruning said a rules change would be "very doable." It could be completed within 90 days and would not need legislative approval, he said. The state could have been well on its way to rewriting the rules and deciding what execution drug or drugs to use if the prison sentencing problems had not intervened, Bruning said. The World-Herald revealed in June that state Corrections officials were not properly calculating mandatory minimum sentences and, as a consequence, were letting inmates out early. The department's top 2 attorneys retired after being blamed for the problem. The 2 ignored 2 Nebraska Supreme Court rulings on the sentencing issue. Other department officials have been busy dealing with fallout from the revelation, including a legislative investigation into the miscalculations, Bruning said. Now, with barely 2 months left in his term of office, he said it will fall to the new governor and attorney general to decide "if and when" they want to address the state's death penalty. Bruning did not seek re-election this year, choosing to run for governor instead. He was defeated in the GOP primary. James Foster, a Corrections spokesman, said Director Mike Kenney plans to work with the new administration on identifying the steps needed to prepare for carrying out an execution. He did not say whether the department is looking at any changes in the current protocol, which follows the injection of sodium thiopental with one of pancuronium bromide, which causes paralysis, and finally potassium chloride, which stops the heart. According to the Death Penalty Information Center, the most common alternative drug is pentobarbital, which has been used in 14 states. A sedative, pentobarbital is often used to euthanize animals. But supply problems cropped up last year after the drug's Danish manufacturing company refused to sell it for executions. Other states have tried combinations of midazolam, hydromorphone and other drugs. 3 such executions have gone awry, with the inmates taking a prolonged time to die. (source: Omaha World-Herald) USA: Charleston murder suspect 'death penalty-eligible' A Charleston man could face the death penalty after a federal grand jury indicted him Tuesday on a murder charge in the death of a police informant. Federal authorities haven't said if they will pursue the death penalty for Marlon Dewayne "Ice" Dixon, 38. Dixon is accused of killing Branda Mae Delight Basham, 21, in retaliation for her cooperation with police. Basham's body was found on railroad tracks on the West Side in July. Dixon shot and killed Basham to prevent her from testifying or continuing to provide information against him, according to federal prosecutors. "We rely on witnesses and confidential informants to be able to get to the root of this drug trade," U.S. Attorney Booth Goodwin said. His office also took the case because of its focus on eradicating the heroin epidemic in Southern West Virginia, Goodwin said. Dixon faces up to life in prison or the death penalty, but Goodwin said it will be up to the U.S. Department of Justice as to which of those to pursue. "It has not yet been determined, but the charges are, as we would say, death penalty-eligible. It's ultimately the [U.S.] attorney general's call as to whether we seek the death penalty. "There is a review process within the DOJ that looks at a number of factors under the indictment," Goodwin said. West Virginia abolished capital punishment at the state level in 1965, but the federal government can still ask for it. The last time federal prosecutors in West Virginia sought the death penalty was in 2010, when Mingo County drug dealer George "Porgy" Lecco was convicted of ordering the killing of a federal drug informant, Carla Collins. A jury decided not to give Lecco the death penalty, and a federal judge sentenced him to life in prison instead. The 7-count indictment charges Dixon with murder, 3 counts of distributing heroin, 2 counts of tampering with a witness by killing her, and being a felon in possession of a firearm. An indictment means that a grand jury has determined that enough evidence exists to warrant a jury trial.Dixon has a lengthy criminal history. According to the indictment, Dixon was convicted in federal court of distributing cocaine in 1999 and again in 2006. He was convicted in 2007 of malicious wounding in Kanawha Circuit Court. Basham was shot 3 times July 12. Her body was found near Breece and Madison streets on Charleston's West Side.Dixon was arrested about a month later. He was charged with 1st-degree murder in Kanawha County and has been held without bond in South Central Regional Jail ever since. According to a criminal complaint on file in Kanawha Magistrate Court, Dixon can be seen on surveillance footage wiping down the front door knob and door at a woman's home on the day Basham was shot. A witness told police, according to the complaint, that Dixon showed up that night and asked her to wash his clothes, which she did. She also said she received a phone call from Dixon after the police executed a search warrant and Dixon asked if the police got his shoes. She said Dixon started yelling at her and said, "There is probably blood on them!" After obtaining a search warrant, Charleston detectives found blood on both the door and a pair of Dixon's athletic shoes, they wrote in the complaint. The same witness said Dixon was carrying a black pistol in his waistband the night of the slaying and also told her Basham was killed because she wore a wire and was working as an informant for the police, the complaint states. Phone records allegedly show Dixon was the last person to communicate with Basham. After the shooting, while police were searching for Dixon, he allegedly posted to Facebook and sent text messages to the police department. (source: Charleston Gazette) *************** Why Most Americans Say They Still Favor The Death Penalty Most Americans favor the death penalty, citing as justification proper punishment and saved taxpayer dollars in a new Gallup poll. A strong majority - 63 % - of those Americans polled said they favor the death penalty in cases of murder. Asked to state why in their own words, 35 % cited the biblical concept of an "eye for an eye," 14 % said the penalty "saves taxpayers money" and 14 % said "They deserve it." Others said they support it because it's a deterrent for future crime or will prevent that person from committing the crime again, or that it helps the families of the victims. 3 % of those polled simply said they "believe in the death penalty." Gallup conducted this same poll in 1991, 2001 and 2003. In 1991, 1/2 of Americans who support the death penalty cited "eye for an eye" as justification, 13 % cited taxpayer savings and no one said "they deserve it." That year the 2nd most popular reason for support of the penalty was deterrence, with 19 % saying "They will repeat the crime." This year just 7 % referred to the concept. Of Americans who oppose the death penalty, 40 % said it's "wrong to take a life." Other popular justifications involved religious beliefs and wrongful convictions. (source: Daily Caller) From rhalperi at smu.edu Tue Oct 28 17:35:47 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 28 Oct 2014 17:35:47 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 28 BANGLADESH: Tension ahead of verdict on Bangla cleric today Bangladesh's war crimes court is set to deliver a long-awaited verdict on the leader of the largest Islamist party, the prosecutor said on Tuesday, amid fears it will trigger violence from supporters. Motiur Rahman Nizami, 71, could face the death penalty if convicted on Wednesday of 16 charges including genocide, rape and arson allegedly carried out during the 1971 war of independence. The verdict, originally scheduled for June, was postponed at the 11th hour because of a sudden deterioration in Nizami's health. "We are finally going to get the long-waited verdict on Wednesday," prosecutor Tureen Afroz told reporters. "We hope he will be sentenced to death for his crimes during the war." Nizami is suspected of leading one of the war's most notorious militias, which allegedly killed top intellectuals as it became clear the new nation of Bangladesh would emerge from what was then East Pakistan. Deputy commissioner of Dhaka police Abdul Baten told reporters security has been tightened in the capital with extra police deployed. Authorities fear a death sentence could trigger violent protests by Nizami's Jamaat-e-Islami party, which has hundreds of thousands of activists and other supporters. "We won't tolerate any attempt to create instability or chaos," junior home minister Asaduzzaman Khan told reporters. Other verdicts as well as the execution of a senior Jamaat leader last year plunged the country into one of its worst crises as Islamists battled security forces, leaving around 200 people dead. (source: Agence France-Presse) IRAN: UN Seriously Concerned about Iran's Death Penalty Record International reactions towards the execution of Reyhaneh Jabbari are continuing. UN High Commissioner for Human Rights issued the following statement today expressing grave concern about Iran's use of the death penalty: Iran execution We are shocked and saddened by the execution on 25 October of Ms. Reyhaneh Jabbari, who was sentenced to death for the alleged murder of Morteza Abdolali Sarbandi, a former employee of the Iranian Intelligence Ministry. The execution of Ms Jabbari was carried out on Saturday despite repeated calls on the authorities by various United Nations human rights mechanisms not to execute her. Serious concerns were raised about due process in connection with Ms. Jabbari's case - in particular the allegation that her conviction was based on confessions made under duress. The court also apparently failed to take all relevant circumstantial evidence into account. On 7 July 2007, Ms. Jabbari reportedly stabbed Mr. Sarbandi in the shoulder after he offered to hire her to redesign his office and then took her to a residence, where, according to her, he attempted to sexually assault her. Ms. Jabbari maintained that her actions were taken in self-defence, in order to prevent a serious assault on her person. The Iranian authorities apparently did make attempts to prevent the execution, which was stayed at least twice, in April and September, in order to enable the 2 families to reach a settlement. However, it is the Government's responsibility to prevent execution, especially when there is so much uncertainty about the events surrounding the killing, and concerns over due process. We are very concerned about the increased use of the death penalty in Iran, as highlighted in the report of the Special Rapporteur on Iran which is being presented to the General Assembly later today. Iran is scheduled to appear before the Human Rights Council under the Universal Periodic Review this Friday (31 October), and we call on the Iranian authorities to make an explicit commitment to immediately institute a moratorium on the death penalty, particularly in light of the high number of executions and the continuing serious concerns about fair trial and due process. (source: Iran Human Righs) SINGAPORE: Malaysian man escapes death penalty under amended Singapore drug laws A 29-year-old Malaysian condemned to hang in 2009 for drug trafficking had his sentence commuted to life imprisonment as he was intellectually challenged and suffering from depression at the time. Wilkinson Primus, who looked relaxed in court, was spared the gallows under amended laws that give judges the discretion to impose life terms on drug traffickers who suffer from an "abnormality of mind" that substantially reduce their mental responsibility for their acts. He was riding a motorcycle into Singapore on Nov 3, 2008 when he was arrested at the Woodlands Checkpoint. A bundle in the basket of the motorcycle was later analysed to contain 35.66g of heroin. Wilkinson was given the then-mandatory death penalty in 2009 after he was convicted of drug trafficking (source: The Straits Times) SAUDI ARABIA----execution Saudi Arabia Carries Out 61st Execution Of 2014; Rape, murder, apostasy, armed robbery and drug trafficking are all punishable by death under Saudi Arabia's strict version of Islamic sharia law. Saudi Arabia beheaded a Pakistani convicted of heroin smuggling Tuesday, the interior ministry said, bringing the number executed in 2 weeks to 4. It said a Saudi national was also executed in a separate case, raising to 61 the number of death sentences carried out in the kingdom this year, according to an AFP tally. Mohammed Gul Rahma of Pakistan was executed in Qatif in the kingdom's oil-rich Eastern Province, the official Saudi Press Agency (SPA) reported, citing the interior ministry. Rahma "was caught smuggling a large quantity of heroin," SPA said. 3 other Pakistanis found guilty of heroin smuggling have also been beheaded this month, 2 of them in the Eastern Province. Also on Tuesday, Mohammed bin Noun bin Nasser Al-Dhufairi of Saudi Arabia was executed in northern Jawf region for smuggling amphetamines pills, SPA said. The interior ministry says the government "is keen on combating narcotics due to their great harm to individuals and society." A United Nations independent expert called in September for an immediate moratorium on the death penalty in Saudi Arabia. Christof Heyns, the UN special rapporteur on extrajudicial, summary or arbitrary executions, said trials "are by all accounts grossly unfair" and defendants are often not allowed a lawyer. He said confessions were obtained under torture. Rape, murder, apostasy, armed robbery and drug trafficking are all punishable by death under Saudi Arabia's strict version of Islamic sharia law. Human Rights Watch expressed alarm in August at a surge in executions, which saw 19 people beheaded between in 16 days. HRW said a number of those executed had been convicted of non-violent offenses such as drug trafficking and "sorcery," and described the use of the death penalty in their cases as "particularly egregious." Moreover, Saudi judges have this year passed death sentences on 5 members of the country's Shia Muslim minority for their part in pro-democracy protests. (source: Mint Press News) From rhalperi at smu.edu Tue Oct 28 22:08:14 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 28 Oct 2014 22:08:14 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, OKLA. Message-ID: Oct. 28 TEXAS----execution Texas executes ex-gang member for the 2000 shooting deaths of 3 rivals in San Antonio A former gang member was put to death Tuesday evening for the fatal shootings of 3 rivals 14 years ago in San Antonio. Miguel Paredes, 32, was convicted along with 2 other men in the September 2000 slayings of three people with ties to the Mexican Mafia. The victims' bodies were rolled up in a carpet, driven about 50 miles southwest, dumped and set on fire. A farmer investigating a grass fire found the remains. Paredes was pronounced dead at 6:54 p.m. CDT, 22 minutes after being injected with a lethal dose of the sedative pentobarbital. The execution was delayed slightly to ensure the IV lines were functioning properly, said Department of Criminal Justice spokesman Jason Clark. The procedure calls for 2 working lines. Normally needles are placed in the crease of an inmate's arms near the elbows, but in Paredes' case, prison officials inserted IV lines into his hands. As witnesses entered the death chamber in Huntsville, Paredes smiled and mouthed several kisses to 4 friends watching through a window and repeatedly told them he loved them. He told everyone gathered that he hoped his victims' family members would "let go of all of the hate because of all my actions."M "I came in as a lion and I come as peaceful as a lamb," Paredes said. "I'm at peace. I hope society sees who else they are hurting with this." As the drugs began taking effect, he took several deep breaths while praying. He started to snore and eventually stopped. The execution was carried out after the U.S. Supreme Court turned down a last-day appeal from attorneys who contended Paredes was mentally impaired and his previous lawyers were deficient for not investigating his mental history. Prosecutors said Paredes was the most aggressive shooter when Nelly Bravo and Shawn Michael Cain, both 23, and Adrian Torres, 27, showed up to collect drug money at the home of John Anthony Saenz, a leader in Paredes' gang. Defense attorneys argued that Paredes, who turned 18 6 weeks before the slayings, grew up in a neighborhood where the only way to survive was to join a gang. No friends or relatives of the victims attended Paredes' execution. Cain's family said in a statement afterward that Cain was "no longer with us for no other reason than being in the wrong place at the wrong time." "Our family has waited 14 years for justice to finally be served," the statement said. Paperwork carrying Saenz's name was found in the debris with the victims' bodies and helped police solve the case. Saenz, 32, claimed self-defense and avoided the death penalty when jurors sentenced him to life. The 3rd man convicted in the killings, Greg Alvarado, 35, pleaded guilty and also is serving life in prison. Paredes becomes the 10th condemned inmate to be put to death this year in Texas, and the 518th overall since the state resumed capital punishment on December 7, 1982. Paredes becomes the 279th condemned inmate to be put to death in Texas since Rick Perry became governor in 2001. With no other lethal injections scheduled this year, the annual total will be the lowest since 3 were carried out in 1996. But at least 9 are scheduled for early 2015, including 4 in January. Paredes becomes the 31st condemned inmate to be put to death this year in the USA and the 1390th overall since the nation resumed executions on January 17, 1977. (sources: Associated Press & Rick Halperin) ******************* Executions under Rick Perry, 2001-present-----279 Executions in Texas: Dec. 7, 1982-present----518 Perry #--------scheduled execution date-----name---------Tx. # 280------------Jan. 14------------------Rodney Reed-----------519 281------------Jan. 15------------------Richard Vasquez-------520 282------------Jan. 21-------------------Arnold Prieto--------521 283------------Jan. 28-------------------Garcia White---------522 284------------Feb. 4--------------------Donald Newbury-------523 285------------Feb. 10-------------------Les Bower, Jr.-------524 286------------Mar. 11-------------------Manuel Vasquez-------525 287------------Mar. 18-------------------Randall Mays---------526 288------------Apr. 15-------------------Manual Garza---------527 (sources: TDCJ & Rick Halperin) OKLAHOMA----new execution date Cole's execution set for March 5 A 4th death row inmate has a scheduled execution date at the Oklahoma State Penitentiary in McAlester. A court set Benjamin Robert Cole Jr.'s execution date for March 5, 2015, in the 2002 slaying of Cole's 9-month daughter, Brianna, in Claremore. Cole killed the baby because her crying interupted his video game playing. "As Cole has exhausted his appeals and no stay of execution is in place, this court is required to set an execution date," 4 judges wrote in an opinion issued by the Court of Criminal Appeals of the state of Oklahoma. The court on Friday also rescheduled execution dates for three other death row prisoners. Those inmates are Charles Warner, Jan. 15; Richard Eugene Glossip, Jan. 29 and John Marion Grant, Feb. 19. The men previously had their execution dates delayed in the aftermath of the botched April execution of Clayton Lockett at OSP in April. It took nearly 40 minutes for the convicted killer to die and a state investigation determined an intrevaneous line delivering drugs to Lockett's system shifted. The state said it has since revised its execution protocol but Oklahoma Attorney General Scott Pruitt recently filed court paperwork seeking to delay the executions so the state can secure the drugs necessary and carry out additional training for Department of Corrections personnel and medical professionals. Dale Baich is an assistant federal public defender who represents death row inmate Tremane Wood. He told the News-Capital in an interview Tuesday a complaint was filed recently in the federal courts of the Western District of Oklahoma on behalf of 21 inmates - including Warner, Glossip, Grant and Cole - seeking more information on what went wrong with Lockett's execution. He said a full report from the state on Lockett's execution hasn't been released publicly. "During the discovery process in the federal proceedings, we hope to be able to depose a number of individuals from the Department of Corrections, people and others who participated in the execution to try and get to the bottom of what really happened," Baich said. Cole confessed to attacking Brianna Cole at the family home in Claremore. The child's back was broken and her aorta ruptured when Cole deliberately bent the child backwards and in half. Cole had a prior conviction in California for felony child abuse against another child. Warner is scheduled to die for raping and killing an 11-month-old in 1997. Glossip was convicted of orchestrating the murder of a motel owner who was preparing to question Glossip about money missing from the property. Grant killed corrections worker Gay Carter by stabbing her 16 times in the chest at a correctional facility in Hominy. (source: Edmond Sun) From rhalperi at smu.edu Wed Oct 29 10:27:36 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 29 Oct 2014 10:27:36 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, FLA., OHIO, MO., ARK., ARIZ., USA Message-ID: Oct. 29 TEXAS: In Texas, the Death Penalty is Slowly Dying Out----The Lone Star State carried out its fewest executions since 1996 this year. On Tuesday night, the state of Texas executed Miguel Paredes by lethal injection for murdering a woman and her 2 children 16 years ago. With no executions scheduled by the state department of criminal justice for November or December, Paredes' death marks the 10th and final execution for Texas this year - the fewest in almost 2 decades. 2014 wasn't anomalous either. Executions in Texas, the most prolific death-penalty state in the country, spiked after Congress restricted federal appeals in death-penalty cases with the Antiterrorism and Effective Death Penalty Act in 1996. Since then, however, the death penalty has been in overall decline both in Texas and nationwide. 30 people have been executed so far this year in the entire United States, whereas Texas alone executed 40 people at its peak in 2000. What's driving the decline? Since executions peaked nationally in the late 1990s, multiple Supreme Court rulings have limited the death penalty's scope and application. The justices barred executions of the mentally disabled in Atkins v. Virginia in 2002, for example, and eliminated the death penalty for individual crimes other than 1st-degree murder in their 2008 decision in Kennedy v. Louisiana. (In the latter case, the court expressly left the death penalty intact for so-called crimes against the state - treason, espionage, terrorism, and "drug kingpin activity" - without ruling on the constitutionality thereof.) This resulted in fewer cases with which the death penalty could be applied, while also imposing new legal hurdles before it could be carried out. But for Texas, the greatest shift came in 2005. First, the Supreme Court ruled in Roper v. Simmons that executing defendants who were minors when they committed the crime violated the Eighth Amendment. Texas had led the nation in imposing the death penalty on under-18 defendants prior to Roper; 29 inmates had their sentences reduced accordingly after the ruling. More inmates left Texas' death row alive than dead that year for the 1st time since 1989. At the same time, legislators gave Texas juries the option to sentence murder defendants to life without parole, thereby lowering the number of new death-penalty convictions. Other extrajudicial factors are also slowing down the death penalty in Texas and around the United States. Thanks to a European Union embargo that bars the sale of lethal-injection drugs to the U.S., executions nationwide have slowed precipitously as states scramble to find replacements and substitutes. The few companies willing to provide the drugs are also feeling the impact: After Mylan provided Alabama with the paralytic drug rercuronium bromide, a German investment firm divested $70 million from the U.S. drug manufacturer earlier this month. This doesn't mean executions will completely halt any time soon in Texas. State officials say they have a sufficient supply of pentobarbital for upcoming executions thanks to a secret supplier they refuse to name through 2015. 6 in 10 Americans still support the death penalty according to a recent Gallup poll, and Greg Abbott, who will likely be elected governor of Texas next week, is also a staunch proponent. Reversing the overall downward trend, however, would require either a drastic shift in the Supreme Court's jurisprudence or a complete overhaul of Texas sentencing law. Neither are imminent. (source: The Atlantic) ************************* Houston protest: 'Death row must go!' The 15th annual march in Houston to abolish the death penalty brought together 200 people on Oct. 25. The families and friends of loved ones on Texas death row, which has the highest number of inmates of any state in the U.S., were joined by political activists, many of them young, from around the state. Harris County, where Houston is located, sends more people to death row than any other U.S. county. The protest was organized by the Texas Death Penalty Abolition Movement. The protesters gathered at the infamous 400-year "Old Hanging Tree" in Tranquility Park, where speakers made the links between the lynchings of Black people during slavery and Jim Crow and today when executions of mainly Black and Brown people take place in the death house in Huntsville, Texas. The march was followed by an outdoor rally at the Multicultural Education and Counseling through the Arts center. Numerous signs showed the faces and names of those on death row, some of whom are facing execution dates as soon as Oct. 29. Many signs featured Texas Gov. Rick Perry, with "serial killer" written under his name and headshots of the hundreds of prisoners who have been executed under his watch. Activists called for the abolishment of the death penalty as a cruel weapon targeting the poor, people of color and those who have legally proved their innocence. Endorsers of the march included S.H.A.P.E. (Self-Help for African People through Education) Community Center, Houston Anarchist Black Cross; death row exoneree Clarence Brandley; Campaign to End the Death Penalty, Austin; Minister Don Muhammad, Nation of Islam; Workers World Party, Houston; Kids Against the Death Penalty; End Mass Incarceration, Houston; New Black Panther Party, Houston; and Texas Moratorium Network. Pam Africa, a leader of International Concerned Family and Friends of Mumia Abu-Jamal, was the keynote speaker. (source: Workers World) FLORIDA: Jury recommends death penalty for man convicted of killing wife in Seminole County; Dwayne White convicted of first-degree murder last week A jury recommend the death penalty Tuesday afternoon for a man convicted of killing his wife. Dwayne White was convicted last week of 1st-degree murder in the 2011 stabbing death of his estranged wife, Sarah Rucker, outside a Miami Subs shop in Longwood. The testimony in the penalty phase took just a couple of hours. The prosecution had a victim's advocate read a letter written by Rucker and White's oldest daughter who is in pharmacy school. "How are my siblings going to go through life without her? How are they going to wake up every day knowing my mother was killed by their father, who for some reason they also loved?" read Pamela Theiss, victim's advocate. White chose not to take the stand. During closing statements, the defense played an excerpt from a 911 call Rucker had made during an earlier confrontation with White on the day she was killed. The defense suggested to jurors they remember those screams when they consider the suffering Rucker endured. "Do you think he was smiling as he was cutting her throat and reaching around time after time pulling that knife from her left throat over to his right side?" said Jeffy Dowdy, defense attorney. Ultimately the decision will be made by Judge Kenneth Lester. It is unclear when Lester will give his ruling. (source: WESH news) *********************** Dead Man Walking's Sister Helen Prejean to Lead Anti-Death Penalty Event in Fort Lauderdale, November 8th ---- An all-star lineup of local and national death penalty activists will convene at 6 pm, Saturday, November 8th at The Sanctuary Church in Fort Lauderdale to demand a repeal of Florida's capital punishment law. Speakers include "Dead Man Walking" author Sister Helen Prejean, Broward Public Defender Howard Finkelstein, Florida death row survivor Herman Lindsey, and many more. Is the death penalty immoral? Is there a legitimate, rational justification for maintaining the death penalty in a modern, civilized society? These are just a few of the questions that will be addressed Saturday, November 8th at 6:00 pm when top national and local anti-death penalty activists convene at The Sanctuary Church in Fort Lauderdale (located at 1400 N. Federal Hwy) to demand an end to Florida's capital punishment law. The event, called "Thou Shall Not Kill," is expected to bring in over 700 participants who will also be signing a petition to repeal Florida's death penalty law. Headlining the November 8th event is Sister Helen Prejean, a leading American advocate for the abolition of the death penalty. Best known as the author of "Dead Man Walking," which was turned into an award-winning film starring Susan Sarandon and Sean Penn, Prejean has served as a spiritual counselor to death row inmates for over 30 years. "As a Christian church, we think it's time to ask ourselves, our community and our government, is there ever a moral justification for murdering another human being?" said Dwayne Black, pastor of The Sanctuary Church and organizer of the November 8th event. "The purpose of this event is to refocus the public's attention on a fundamentally important issue in our society. There is no asterisk after 'Thou shall not kill.' Murder, whether it's committed in a back alley or in Florida's execution chamber, should be equally offensive to people's moral sensibilities. There is no moral, legal or practical justification for putting another human being to death, aside from the political points it may gain certain elected officials who claim to be 'tough on crime,' despite the fact that executions have no meaningful deterrent effect." In addition to Sister Prejean, the November 8th anti-death penalty event will include a number of other prominent officials and activists: -- Broward Public Defender Howard Finkelstein -- Death row survivor Herman Lindsey, who spent 3 years on Florida's death row before being acquitted in 2009 -- Ron McAndrew, former warden, Florida State Prison and writer -- Melisa McNeill and Betsy Benson, Assistant Public Defenders, Homicide Division -- Terry Lenamon, founder and former executive director of the Florida Capital Resource Center, a non-profit organization that provides support to Florida's death penalty attorneys -- Other prominent organizations also participating include The Innocence Project, Floridians for Alternatives to the Death Penalty, and Conservatives Concerned About the Death Penalty Founded in 1961, The Sanctuary Church of Fort Lauderdale is an active member in a number of social causes, including prison ministry, substance abuse, racial justice, homelessness and more. The Sanctuary recently served as the funeral site for Fort Lauderdale Fire Lt. Kevin Johns, who was killed September 30th while changing a flat tire on I-95. For more information about the November 8th "Thou Shall Not Kill" event, please visit http://www.sanctuarychurchftl.org or contact Pastor Dwayne Black at 954-564-7600, dwayne(at)sanctuarychurchftl(dot)org. (source: PR Web) OHIO: Death penalty phase of sledgehammer murder case enters 2nd day A jury that convicted a 20-year-old man of bludgeoning a New Franklin Township couple to death in April 2013 will continue hearing testimony on Wednesday in the death penalty phase of the case. Defense attorneys Donald Hicks and Jonathan Sinn began presenting evidence Monday in to convince a jury to spare Shawn Ford from being put on death row. The jury can recommend death, life in prison, life in prison with no parole eligibility or life in prison with parole eligibility in 25 or 30 years. Ford was convicted of killing his ex-girlfriend's parents, Jeffrey and Margaret Schobert, and attacking his then-girlfriend, Chelsea Schobert a month earlier. The jury convicted him of 5 counts of aggravated murder, 2 counts of aggravated robbery, and 1 count each of petty theft, grand theft, aggravated burglary and felonious assault. (source: Cleveland.com) ********************* Court: Conviction, death penalty upheld in Twinsburg officer's death; The court unanimously affirmed Thompson's convictions but split 4-3 on imposing a sentence of death. The Ohio Supreme Court has ruled in the case of Ashford L. Thompson, convicted in 2010 for the murder of Twinsburg police officer Joshua Miktarian during a traffic stop. In an opinion written by Justice Judith L. French, the court unanimously affirmed Thompson's convictions for the murder and other crimes. However, the court split 4-3 on imposing a sentence of death. In July 2008, Thompson picked up his girlfriend after midnight, and they went to a bar. An hour or two later, Officer Miktarian started following Thompson's car because of loud music coming from the vehicle. Thompson turned into his driveway, and the officer called dispatch to report that he was making a traffic stop and pulled in behind Thompson. The officer's police dog Bagio was in the cruiser. A few minutes later, Miktarian requested backup. A dispatcher relayed that Thompson had a license to carry a concealed handgun, but Miktarian never responded. Witnesses reported yelling and popping sounds. When additional officers arrived at the scene, Miktarian was found on the ground next to his cruiser, and no other vehicles were in the driveway. Thompson's driver's license and insurance card were in Miktarian's front shirt pocket. Miktarian had been shot four times in the head. Soon after, police went looking for Thompson at a prior address - his sister's house in Bedford Heights. When an officer stepped into the house, he found Thompson with a pair of handcuffs dangling from 1 wrist. The handcuffs were later determined to belong to Miktarian. Thompson struggled with the officer but was eventually arrested. A handgun found on the stove was also seized. A jury convicted Thompson of aggravated murder with specifications that carried the death penalty, including purposely killing a police officer. He was also found guilty of escape, resisting arrest, tampering with evidence, and carrying a concealed weapon. The jury recommended a death sentence, and the court agreed. Thompson appealed the conviction and death sentence directly to the Ohio Supreme Court. He presented 18 claims of errors during his trial. One issue raised was a mistake in the trial court's June 23, 2010, sentencing opinion. The opinion merged 2 felony escape charges, even though one of the charges had already been dismissed. The opinion then claimed to sentence Thompson on the dismissed escape offense, which carried a longer prison term. However, in the trial court's journal entry the next day, the court correctly sentenced Thompson on only the single felony escape offense for which he was found guilty. The entry eliminated any reference to the dismissed escape charge and the incorrect prison sentence. Justice French explained that the Supreme Court may consider both the trial court's sentencing opinion and the subsequent journal entry to determine whether it has jurisdiction to consider Thompson's appeal. Together, the documents met the necessary requirements for a final appealable order. Thompson also made several claims of prosecutorial misconduct, which he argued deprived him of due process and a fair trial. Justice French concluded that some statements made by the prosecutor were inappropriate. In closing arguments during the trial phase, the prosecutor asked, "How much more do you think the Defense is willing to deceive you to find out - find the defendant not guilty?" Justice French noted that the state may not suggest that the defense's case was dishonest. The prosecution also improperly suggested that Thompson had pressured his girlfriend to lie in the trial with no evidence to support the claim and that Thompson was "obsessing and controlling," implying negative conclusions about Thompson's character, Justice French added. While these comments were not acceptable, none were so substantial that they changed the outcome of Thompson's trial, Justice French reasoned. The court rejected Thompson's numerous other charges of misconduct by the prosecution. Thompson's other arguments - related to the selection and dismissal of some jurors, pretrial publicity concerning Thompson's original guilty plea that was withdrawn, and comments by a bar patron - also lacked merit, Justice French wrote. The court concluded that the evidence supported the jury's finding of 2 aggravating circumstances - that Thompson murdered an on-duty law enforcement officer and that he committed the murder to escape detection for another offense, such as resisting arrest or carrying a concealed weapon. The court reviewed factors that might lessen Thompson's punishment. Thompson was a licensed practical nurse who assisted patients who lived in difficult neighborhoods. As a result, he obtained a license to carry a concealed weapon to protect himself. He had a stable upbringing and was close to his family. He did not have a significant criminal history, and he expressed remorse for the murder. However, the court found that the aggravating circumstances outweighed the mitigating factors, and the death penalty in this case was proportionate to death sentences imposed in other similar cases. Joining the 4-justice majority opinion affirming the death sentence were Chief Justice Maureen O'Connor and Justices Terrence O'Donnell and Sharon L. Kennedy. Justice Paul E. Pfeifer, in an opinion joined by Justice Judith Ann Lanzinger, concurred with the majority in affirming Thompson's convictions but dissented on the death sentence. He concluded that Thompson's history, character, and background were sufficient to outweigh the aggravating circumstances in the case, so he would have sentenced Thompson to life without parole. In a separate opinion, Justice William M. O'Neill also concurred in the convictions but dissented on the death penalty. He took issue with contention that Thompson killed the officer to escape detection or punishment for another offense. While the record showed that Thompson did violate a noise ordinance and resisted arrest, the testimony of Thompson and his girlfriend refuted the theory that Thompson was trying to avoid responsibility, Justice O'Neill wrote. Instead, he added, the evidence indicated that Thompson was confused and frightened and incorrectly thought that Miktarian was going to release his police dog or shoot him. Justice O'Neill concluded that the allegation that Thompson killed the officer to escape detection or punishment was not proven beyond a reasonable doubt. Justice O'Neill expressed gratitude and sympathy for the officer's family. However, he reasoned that the only aggravating factor remaining for Thompson - killing a police officer - did not outweigh the mitigating factors in the case to justify imposition of the death penalty. "[T]he evidence in this record establishes that this was a routine traffic stop gone tragically wrong," he wrote. "This case is not in the same category as the premeditated intentional taking of the life of another." (source: WKYC news) MISSOURI----stay of execution Mark Christeson granted stay of execution in Missouri; Concerns raised in court that convicted triple murderer has not received adequate legal representation The US supreme court has halted the execution of a Missouri man who killed a woman and her 2 children, with judges citing concerns that his legal counsel was ineffective. Mark Christeson, 35, had been scheduled to die by lethal injection at 12.01am on Wednesday at the state prison in Bonne Terre before the late stay of execution was issued. Missouri corrections department spokesman Mike O'Connell said the next move would be decided in court. Jennifer Merrigan, one of Christeson's attorneys, declined comment. The appeal to the supreme court raised several concerns about legal counsel Christeson has received over the years, including the failure of some of his attorneys to meet a 2005 deadline to file for an appeal hearing before a federal court. It is uncommon for someone to be executed without a federal court appeal hearing. The high court denied a 2nd appeal challenging the state's planned use of a made-to-order execution drug produced by an unidentified compounding pharmacy. Christeson would have been the 9th man executed in Missouri this year, matching an all-time high for the state set in 1999. When he was 18, Christeson and his 17-year-old cousin, Jesse Carter, came up with a plan to run away from the home outside Vichy where they were living with a relative. A plot to steal a Ford Bronco escalated into the rape and murder of its owner, Susan Brouk, 36, and the murder of her 12-year-old daughter Adrian and nine-year-old son Kyle. Christeson and Carter drove to California, selling household items stolen from Brouk along the way. They were eventually arrested eight days after the killings. Carter was sentenced to life in prison without parole after agreeing to testify against Christeson. (source: The Guardian) ARKANSAS: Arkansas Attorney General Candidates Talk Death Penalty The Arkansas Attorney General race has been a heated one, fueled by political ends in the final weeks of campaign season. The candidates for the position, Republican Leslie Rutledge, Democrat Nate Steel, and Libertarian Aaron Cash, held a forum at the Fayetteville Chamber of Commerce on Tuesday (Oct. 28), where they answered questions from the public. One of the topics brought up during the forum was death penalty laws in Arkansas. Cash said he was opposed to the death penalty. "Life in prison is definitely an adequate punishment, it keeps society safe," Cash said. The other 2 candidates said there needs to be reform in the way the death penalty is administered. "Right now the statute is not the problem, ascertaining the drugs is the problem," Steel said. "It is a matter of obtaining the drugs," Rutledge said. "But, it is also a matter of writing the statutes, so that way we can enforce the statutes." The questions at the forum were not planned, but there was a moderator. Each candidate had 2 minutes to answer each question and 30 seconds for rebuttal. Election Day is Tuesday, Nov. 4. (soruce: KFSM news) ARIZONA: Jodi Arias trial shown intimate photos of her that boyfriend took hours before murder - as she fights to avoid execution; Arias, 34, was convicted of murder last year but the first jury was deadlocked on whether to give her the death penalty or life in prison A jury has been shown intimate photographs of murderer Jodi Arias that were taken by Travis Alexander in the hours leading up to his death. While prosecutors have now closed their case in the sentencing retrial of Arias - convicted of murdering her ex-boyfriend - their evidence required jurors to sit through several days of lurid evidence involving intimate photos and phone-sex recordings. Arias was convicted of the murder of her ex-boyfriend last year, but a retrial was ordered after the jury was deadlocked on whether to give her the death penalty or life in prison. Following a prosecution claim that Alexander was afraid of 'stalker' Arias, defence attorney Kirk Nurmi responded by displaying to jurors pornographic images of Arias' private parts, AZ Central reported. The photos were taken by Alexander in the hours leading up to his death - Mr Nurmi then asked the jury if they suggested Alexander was afraid of Arias as the prosecution had claimed. Mr Nurmi then spent time going through photos showing Alexander in the shower - before replaying in full a 40-minute long phone sex conversation in which the 2 moan as if they were having orgasms. The retrial opened a week ago with prosecutors telling jurors the Arizona murderer deserves the harshest sentence of them all. 'The only just punishment in this case is death,' Juan Martinez told the Maricopa County Superior Court. Arias had her hair cut to shoulder-length for her return to the courtroom and appeared to have it dyed darker. She has also been wearing a new pair of nude-framed glasses - perhaps because earlier this month, a Phoenix food bank auctioned off the glasses she wore at the original trial and raised close to $1,000 for charity. Last week defense lawyer Kirk Nurmi began opening statements, telling jurors it was up to them to write the final chapter to the story. The jury had been warned that it would see graphic evidence about the killing and relationship between Arias and victim Travis Alexander - but he said she should not be executed because she is mentally ill. Prosecutor Martinez proved his point by showing jurors a picture of Arias' victim, ex-boyfriend Travis Alexander, with his throat slit. 'This is how much she loved him,' Martinez told the jury, according to ABC. The victims' siblings were in court today along with Arias' parents and brother. Arias was convicted of murder last year but the 1st jury was deadlocked on whether to give her the death penalty or life in prison. That required a new jury and trial to decide her punishment. A new jury that was picked over the past several weeks will listen as the former waitress tries to make another case that her life should be spared. 400 people were called as prospective jurors. Many of them were cut after they said they either made up their minds about the case or knew too much to be impartial. Some jurors cited their objection to the death penalty. They won't consider whether or not she's guilty - that's already been decided. The retrial is expected to last into December. Arias stabbed and slashed Alexander nearly 30 times, slit his throat so deeply she nearly decapitated him and shot him in the forehead. She left his body in his shower where friends found him about 5 days later at his suburban Phoenix home. She acknowledged she killed Alexander, but claimed it was self-defense after he attacked her. Prosecutors said it was premeditated murder carried out in a jealous rage after the victim wanted to end their affair and planned a trip to Mexico with another woman. Weeks after Arias was convicted, the jury failed to reach a unanimous decision on her punishment. Her attorneys have since sought, unsuccessfully, to dismiss the death penalty as an option. If another deadlock occurs, the death penalty would automatically be removed as an option, leaving a judge to sentence Arias to 1 of 2 options: life in prison or life in prison with the possibility of release after 25 years. The sentencing retrial will be a mini-trial of sorts to get a fresh jury - of 12 women and 6 men, including 6 alternates - up to speed on the case. At her last trial, she testified for 18 days, describing for jurors an abusive childhood, cheating boyfriends, dead-end jobs, a shocking sexual relationship with Alexander, and her contention that he was physically abusive. Her 1st trial drew a global following and inspired spectators to wait in line in the middle of the night to get a coveted seat in the courtroom. This time around, the judge has ruled that cameras can record the proceedings, but nothing can be broadcast until after the verdict. Judge Sherry Stephens has shut the media and public out of nearly every hearing in the case and drawn complaints from First Amendment lawyers that she has gone too far. Judge Stephens said the hearing closures are intended to protect Arias' right to an impartial jury. Attorney David Bodney, who represents several media outlets fighting for transparency in the case, said there have been repeated violations of the public's constitutional right to attend proceedings in the case. The costs of defending Arias have topped $2.5 million and will mount during a 2nd penalty phase. Prosecutors have declined to provide their costs to try the case. (source: Daily Mail) USA: Moral Disengagement and the Death Penalty One of the overlooked aspects of the death penalty is what it does to those who inflict it. Combox executioners, who so easily thirst for the blood of others and whose overriding question is "When do we *get* to kill?" are, like warmongering chickenhawks and torture defenders, never the people who have to do the dirty work. That's for little people to do. The Combox Death Eaters are the Big Picture Thinkers, the geniuses who are smarter than the Magisterium and who leave others to suffer the damages they rationalize. But, in fact, killing people does something to the killer. The killer has to break something in himself to find a way to morally disengage from the fact that he is taking a human life. And very similar breakage goes on whether the killer is an abortionist, a soldier, an executioner, or somebody administering euthanasia. Sometimes the killer may learn to *like* the damage killing does to himself (one thinks of a monster like Jack Kevorkian). Most times, the killing creates a kind of interior void where the victim has to be turned into something other than a person in order to kill a "blob", "the enemy", "a life unworthy of being lived", "a criminal". But that distance is always a move in the opposite direction from the gospel which insists that the person about to be killed is the image and likeness of God and one for whom Christ died. This, ultimately is what governs the Church's teaching, not only about the death penalty, but about all questions of life and death. It's why the Church's approach, even with guilty human life, is always ???How can we preserve human life, even guilty human life, unless it is absolutely necessary to harm or kill?" I call this the "preferential option for life". And it's why all reactionary dissent on war, torture, gun rights, and the death penalty is fundamentally tin-eared to that question since it, just as much as pro-abortion reasoning, always begins, not with "When might we tragically have to kill???? but with the question "When do we get kill?". Reactionary dissent, like progressive dissent on abortion, spends its energies eagerly searching for a rationale to slake its thirst for human blood. It, like proabortion reasoning, lacks the fundamental reluctance to kill a sought-after victim that marks Catholic thinking on all life issues. And it gives no consideration at all to the effects on the people tasked with the job of doing the killing. (source: Mark Shea; patheos.com) *************************** Unsolved Murder Case Tied To Short North Posse, According To U.S. Prosecutors ---- The unsolved murder of Quincy Battle has weighed on his family for years, now that investigators have filed charges in the case, his brother says his family is beginning to feel peace again "It's been closure. We've been waiting for this for four years. We needed closure on this," says brother Ricky Battle. Battle was an imposing figure, but despite his size, his brother says he was a big softy. "He was like big teddy bear. The kids would jump on him like big pillow." Christopher Wharton, Jonathan Holt and Lance Reynolds were named in a federal indictment in the murder of Battle. Prosecutors say all of them were part of the Short North Posse. A gang the U.S. attorney's office says operated as one of the largest criminal enterprises in the state. "Murders, attempted murders, robberies and breaking and entering's," says Assistant US Attorney David Devillers. A federal grand jury indicted 3 more people in connection with a series of violent crimes including 13 unsolved murders as well as other attempted murders, drug trafficking, weapons trafficking, extortion and robbery. The addition to the indictment includes an additional 23 felonies, including 1 murder and 9 attempted murders. Seventeen individuals were indicted in the racketeering case in July. All of the defendants are accused of being an organized criminal enterprise known as the Short North Posse. 11 defendants could face the death penalty if convicted of the crimes in the indictment. Andre M. Brown, aka 'Paco', 33, of Columbus; Jonathan Holt, aka 'Dough Boy', 22, of Columbus and Christopher V. Wharton, 25, of Columbus were added to the indictment. Previous defendant Lance Reynolds, 31, of Columbus, was also charged with 1 count of racketeering conspiracy in the superseding indictment. The indictment charges one or more of the defendants with 13 unsolved homicides, 33 attempted homicides, 56 violent felonies and 73 weapons offenses. The crimes occurred in Canal Winchester, Chillicothe, Columbus, Pataskala, Pickerington, and Zanesville, between 2005 and 2012. For the family of Quincy Battle, they say their son was never in a gang, and they never knew why someone targeted their son. "I think he just got around with the wrong crowd," says Battle Prosecutors his killers robbed him of cash and drugs. The family says over the years, they heard whispers about who may be behind the murder of the 32-year old, but kept it quiet. "We heard names, but we just kept it to ourselves. The detectives, we spoke to them, but they told us to keep everything quiet," Battle explains. Now that his brother's murder is no longer an unsolved case, he says it's hard to put into words what he would say to those responsible. "I just don't know what to say. Pray we got this far." (source: 10tv.com) ******************* The Rare Psychological Disorder That Only Affects Death Row Inmates Imagine being told you are going to die in a month. Then it's a few hours. Then another month. You may be set free or you may be killed, and it all depends on events that are completely out of your control. How long could you stand it? The poem, "O Death, rock me asleep," is rumored to have been written by Anne Boleyn in her cell as she awaited execution. While in prison, Anne was reported to have fallen into laughing spells and claimed that it would not rain until she was released or that doom would befall the kingdom seven years after she was executed. One morning, believing she was to be executed that day, she burst into tears upon being informed that her execution was delayed. She declared that she had hoped to be "past her pain" by the end of the day. A few years later Anne's sister-in-law, Jane Rochford, also went insane awaiting execution. Regardless of the legality or morality of the death penalty, the process of sitting on death row, waiting to be executed, is incredibly painful. Some now argue that the protracted uncertainty, the rapidly changing execution dates, and the terrible isolation of death row, induces a form of insanity. People lose their minds, they commit suicide, and most importantly, they stop using the legal system to appeal their executions. It's called death row syndrome. Mock Executions and Delayed Executions Mock executions, procedures that cause people to think they are about to be executed, have long been established as a means of psychological torture. Victims are prepared for an execution, sometimes blindfolded or made to kneel, but the execution is not carried out. The procedure not only terrifies people, but makes them feel tortured hope should time come for their real execution. They lose all control, even the control of knowing when they are about to be executed. No execution proceeding on death row is a mock execution. That would require deceitful intent on the part of those conducting it. Still, death row prisoners have been made to expect imminent death, only for the execution to be delayed. It's not unusual for people to come within 24 hours of their official time of execution only for the executions to be delayed. One man, Warren Hill, was strapped to a gurney, sedated, and thirty minutes away from being executed, when he was granted a stay of execution. People spend years thinking they're going to be executed in a few months, or a few days. They spend the last few minutes before their execution believing there might be a reprieve. Appalling Conditions Death row syndrome is not just the result of the appeals process, but the life that people lead while they appeal. Though conditions vary widely, most death row cells are small. Many of them are roughly the size of parking spaces, and depending on the country, they can have multiple people inside them. Although some death rows are rows of open cells, allowing inmates to see and hear each other, others are a series of steel containers, so the inmates see no one. Inmates rarely leave their cells. Most inmates are in their cells 22 to 23 hours a day. If they leave, they don't go outside. They have no contact with anyone except, occasionally, their legal representatives. Guards slide food to them through a slot. No Way Out It's not surprising that these conditions take a toll on people's minds. Death row prisoners, and prisoners who have been exonerated, often describe the way that their fellow death row inmates deteriorate over time. They describe some prisoners smearing feces on the wall and having psychotic delusions. Other prisoners hold long conversations with themselves. Many attempt suicide. Others simply sleep 20 hours a day. Still others attempt suicide through legal means. It's not unusual for prisoners on death row to give up making appeals, and cooperate as much as they can with the execution process. One inmate's own lawyer, who had represented him for months on the understanding that the inmate would drop all appeals out of respect for the victims' families, stopped the process 75 minutes before the man was to be executed. The lawyer stated that he no longer believed his client was competent. The man had claimed that he wished to spare the victim's families any more pain. After spending time with the man, the lawyer unearthed letters in which the man confessed that he now knew why people on death row chose to embrace the idea of execution as escape, and that he could no longer stand the isolation and the cycle of appeals. It's this wide range of responses that keeps death row syndrome from being recognized as a psychiatric disorder. Many argue, quite reasonably, that it can't be an actual mental illness if the expression of it varies so widely. Death row prisoners also don't make an easy group to study, as most of them are severely disturbed before they go on death row. The Soering Case Conditions on death row are not just a moral problem. They're a diplomatic problem as well. In the 1985, a young German man named Jens Soering was accused, along with his girlfriend, of murdering the girlfriend's parents. The murder was committed in Virginia, where S???ering was studying. The pair fled to the United Kingdom, where they were caught. The United Kingdom was ready to send Soering back to the United States, when Soering appealed. His lawyers argued, in front of the European Court of Human Rights, that conditions on Virginia's death row were so harsh, and the delays so long, that a stay on death row was "inhuman or degrading treatment." Soering was extradited, on the understanding that the state of Virginia would not seek the death penalty. It wasn't the death penalty itself that was the human rights violation. It was the experience of being on death row. Over the years, other courts have decided that long stays on death row constitute inhumane punishment. Kenya, Uganda, and Zimbabwe have all passed laws, or made court decisions, that limited time on death row. (Many of those laws have been subsequently overturned because of political shifts or changes to the countries' constitutions.) In countries that have abolished the death penalty the point is moot. The United States supreme court has, so far, refused to hear cases which might limit the time allowed between the pronouncement of a death sentence and its execution. In the end, the problem with death row syndrome is not just that it indicates inhumane treatment. The problem is that the very process that's meant to save people from unjust execution is so painful that it causes those people to seek their own execution. The check on the system, which people should use to fight injustice, has become a tool to break down resistance to the system. (source: io9.com) From rhalperi at smu.edu Wed Oct 29 10:29:20 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 29 Oct 2014 10:29:20 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 29 KIRIBATI: Public consultation on Kiribati death penalty bill A public consultation on the proposed death penalty has begun in Kiribati. President Anote Tong has set up a Commission of Inquiry to consult with the public before the 2nd reading of the Bill is heard in parliament in December. Mr Tong has said the law would be a deterrent for deliberate killings in the country, after five women lost their lives at the hands of their husbands or former partners. The consultation has started on several outer islands, and last week it was held in the capital Tarawa. Members of the Commission are Catholic Bishop Paul Mea and Kiribati Uniting Church Moderator Reirei Kourabi, assisted by 2 other members also appointed by President Tong. The 2 heads of churches earlier rejected the Bill. (source: Radio New Zealand) BANGLADESH: Bangladesh Tribunal Gives Death Penalty to Islamist Leader for War Crimes Bangladesh's war tribunal has sentenced the Islamist leader Motiur Rahman Nizami to death under charges of genocide, murder, torture and rape during the country's 1971 war of independence. The 71-year-old leader of Jamaat-e-Islami - who is accused of having led Pakistani army's vigilante militia group known as al-Badr during Bangladesh's independence war four decades ago - was given the death sentence by a special court presided by a three-judge panel. The judges announced the unanimous verdict in a packed courtroom in capital Dhaka after he was found guilty of eight of the 16 charges levelled against him. "Considering the gravity of the crimes, the tribunal punished him with the death sentence," state prosecutor Mohammad Ali told reporters. The charges include mass killing, execution of intellectuals and rape during the nine-month-long bloodshed in 1971. The Jamaat has called for a nation-wide shutdown shortly after the tribunal's verdict. "We are very unhappy with the judgment and the tribunal's observation," defence prosecutor Tajul Islam said of the outcome, adding that they would appeal against it. The government has been accused of using the tribunal to settle scores with its political opponents. Security was beefed up ahead of the verdict in Dhaka with scores of police personnel deployed to prevent clashes. (source: International Business Times) IRAN----executions 3 Kurds and an Iranian executed in Urmia 3 Kurds and an Iranian citizen have been executed in the Urmia city of East Kurdistan. The 4 people who were accused of drug sale were hanged yesterday evening. The 2 Kurds punished with death were identified as Resid Elizade (55) and Selahedin Melayi (37), while the name of another 44-year-old prisoner couldn't be learned. The other is reported to be an Iranian citizen from the town of Kerece. Last Saturday, Reyhaneh Jabbari, 26, was hanged in a Tehran prison in Iran after being found guilty of murdering an older man in what she says was self defense. The man is said to have been trying to sexually abuse her. An international campaign urging a reprieve has brought a temporary stay in execution, which was due to be carried out on 30 September but was postponed for 10 days, but failed to prevent the implementation of the death sentence for the young woman who -Human rights group Amnesty International said - was convicted after a deeply flawed investigation. (source: Firat news) PAKISTAN: EU urges stay on executions The European Union has once again urged Pakistan to abolish death penalty by retaining a moratorium on the capital punishment. It has also asked the country to review its blasphemy laws. During a meeting with a group of Pakistani lawmakers at the Parliament House on Tuesday, an EU delegation expressed hope that Pakistan by continuing the moratorium on execution and reviewing blasphemy laws could get free access to European markets. "The delegation said if Pakistan reviews its blasphemy laws and keeps the moratorium intact, the EU will consider Pakistan for duty-free access under its Generalized System for Preferences (GSP) Plus program," a senior lawmaker who attended the meeting told The Express Tribune. "We, however, said Pakistan cannot abolish the death penalty following its Islamic and constitutional rules," he added. Continuing the ban on the capital punishment imposed by the previous government in 2008, Prime Minister Nawaz Sharif directed the interior ministry last year to halt executions till further orders. Since 2008, Pakistan executed only a couple of prisoners while more than 8,000 prisoners are on death row in more than 5 dozen jails of the country. The foreign affairs ministry has also recommended the government avail the GSP-Plus by extending the moratorium. EU Special Representative to Pakistan for Human Rights Stavros Lambrinidis also expressed deep concerns over growing violence against minorities in Pakistan. Senator Farhatullah Babar informed the observers that Pakistan was a signatory to different human rights conventions. "We may not be a champion of human rights but, yes we have made extraordinary progress by introducing forcing fresh legislation into practice in Pakistan," he added. Senator Mushahid Hussain Sayed urged the EU to extend its maximum support to Pakistan for acquiring status of the GSP Plus. Issues of human rights are high on our agenda and the government is making all-out efforts to address them, he added. "Pakistan is the freest Muslim democracy in the Muslim world," Mushahid remarked, adding that smooth transition of power from one elected government to the other was a manifestation of the fact that Pakistan strongly believes in democracy and rule of law. Pakistani lawmakers also urged the EU to take notice of human rights violations in Indian-administered Kashmir. Senator Mushahid, who chaired the meeting, also asked the visiting guests to take strong notice of the gross violations of human rights and atrocities of the Indian forces in Indian-administered Kashmir. Senator Babar pointed out that violation of rights by Indian forces in the disputed Himalayan state needed to be looked into immediately. Senator Mushahid said negative narrative against Islam and racism in the West was creating inconvenience for Muslims in Pakistan. However, he expressed his satisfaction over collaboration between Pakistan and the EU on different issues and expressed hope that bilateral relations between the 2 would grow further in future. Stavros Lambrinidis also conveyed his felicitations to the government and people of Pakistan for Malala Yousafzai on wining the Nobel Peace Prize. The EU delegation also included Ambassador and Head of Delegation of the European Union to Pakistan Lars-Gunnar Wigemark. (source: The Express Tribune) *********************** World church body troubled at death sentence against Pakistan's Asia Bibi World Council of Churches secretary Rev. Olav Fykse Tveit is deeply concerned over the rejection of an appeal against the death sentence for Asia Bibi, convicted under Pakistan's blasphemy law. To promote tolerance, religious harmony and protection of the rights of religious minorities, Tveit said it is important that justice is ensured in cases like that of Asia Bibi. "The alleged circumstances of the incident which led to the blasphemy charges against Ms Bibi are highly questionable, and the imposition of the death penalty in this case is totally inappropriate," said Tveit. "Apart from the issues of religious freedom, the charges, on-going imprisonment and threat of execution seem to have infringed Ms Bibi's basic human rights," Tveit said in a statement issued from the WCC headquarters in Geneva, Switzerland on 27 October. The American Center for Law and Justice has started a petition asking the U.S. government to stop sending foreign aid to Pakistan, the country that recently upheld the death sentence for Christian mother Asia Bibi for blasphemy. Figures have shown that the United States sent close to $8 billion to Pakistan in the past 5 years while Bibi has been imprisoned, Christian Post reported. Calling the blasphemy law prone to abuse, Tveit expressed his hope that the Pakistan Supreme Court will reverse the decision from the lower court in Bibi's case. "I look forward to encouraging people of good will, both in Pakistan and in the wider world, to work together to encourage the amendment in the blasphemy law under which such charges have been made The Asia Bibi," Tveit said. The WCC head noted, "The protection of the rights of all citizens regardless of their religious affiliation is a responsibility of the Pakistani government, as is putting an end to human rights violations and extra-judicial killings associated with the blasphemy law." The WCC over a number of years has expressed concern on the abuse of Pakistan's blasphemy law along with its member churches in the country. In 2009, the Central Committee, the main governing body of the WCC, issued a statement on the misuse of the blasphemy law and the security of religious minorities in Pakistan. (source: Ecumenical News) CHINA: China's death penalty reform The death penalty has long been a feature of China's justice system, but recent news suggests it might become less common in the future. On Monday, Chinese State media reported that a draft amendment to the Criminal Law had been submitted to the Standing Committee of the National People's Congress (NPC). The proposal would abolish capital punishment for nine categories of crime, including smuggling weapons, ammunition, nuclear materials and counterfeit currency; counterfeiting currency; raising funds by means of fraud; arranging for or forcing another person to engage in prostitution; obstructing a commander or a person on duty from performing his duties and fabricating rumors to mislead others during wartime. The last time that China amended the Criminal Law to restrict the use of capital punishment was in 2011, when the government scrapped 13 cases in which such a measure could be adopted. On Tuesday, China Daily reported the opinion of Zhao Bingzhi, a Professor of Criminal Law at Beijing Normal University. Bingzhi said that the aim of the amendment is to protect human rights, something that, as the paper remarked, is also "the requirement of ongoing judicial reform." Currently, it is possible to incur capital punishment for 55 crimes, but the actual number of people executed is not public. It is, in fact, considered a state secret. Estimates are left to the care of independent organizations, which regularly point out that the Chinese justice system is the biggest executioner in the world. An article published this year by Amnesty International stated that, in 2013, executions were recorded in 22 countries and that the overall number of reported executions worldwide had increased by almost 15% since 2012. However, the organization cautioned that "As in previous years, this figure does not include the thousands of people executed in China; with the death penalty treated as a state secret, the lack of reliable data does not allow Amnesty International to publish credible minimum figures for China." The reform would fit a recent trend which has seen a steady decrease in the number of people executed by Chinese authorities. According to the Dui Hua Foundation, a US-based human rights organization, China executed about 2,400 people in 2013: a gigantic figure, accounting for more than the rest of the world put together, but much lower than the numbers reported in previous years. To make a comparison, according to Dui Hua, China executed 12,000 people in 2002 and another 3,000 in 2013. The organization, whose data are extrapolated partly from China's Southern Weekly and partly from confidential sources, pointed out that a major turning point was reached in 2007, when authorities decided that all death penalty sentences have to be reviewed by the Supreme People's Court (SPC). Dui Hua stated on its website that according to the Southern Weekly, "the number of executions nationwide may have dropped by more than 1/3 with declines of nearly 50 % in some locales." The case of Wu Ying, a wealthy businesswoman arrested for illegally raising funds, spotlighted the importance of the 2007 decision. She was condemned to death in 2009 by a court in Zhejiang Province, but the verdict was rejected by the Supreme Court in 2012 after anger spread among the public. (source: Asian Correspondent) INDIA: Decks cleared for Nithari killer's execution The Supreme Court on Tuesday cleared the decks for the execution of Nithari serial killer Surinder Koli after it dismissed his plea seeking review of the judgment upholding death penalty. A Bench of Chief Justice H.L. Dattu and Justices Madan B. Lokur and A.K. Sikri dismissed the review petition after hearing Ram Jethmalani, who argued that there was gross miscarriage of justice as Koli had been falsely implicated in the case. Mr. Jethmalani argued that Koli was convicted only on the basis of his own confession, which could not be relied upon. "1 innocent life is more important than anything else. I am shocked that such a thing can happen in the judiciary as the prosecution had completely suppressed a vital document, viz. the autopsy report of a surgeon, which is a piece of evidence to prove Koli's innocence," he said. Counsel pointed out that the surgeon, who performed the autopsy, was not examined during the trial. He said it could be a case of organ trade and handiwork of a doctor, but an innocent person was being sent to the gallows. The Chief Justice made it clear to counsel, "You are introducing new facts for the 1st time which is not permissible under the rules. We can't entertain this review petition and we dismiss it." On September 8, the apex court stayed Koli's execution pending disposal of the review petition in an open court. On September 12, the stay was extended till Tuesday. With the dismissal of the petition, it is now open to the jail authorities to execute the death sentence. (source: The Hindu) **************** India Court Refuses To Review Death Penalty For Serial Killer India's Supreme Court on Tuesday rejected a plea by a serial killer seeking review of the death sentence handed over to him. Surender Koli, 42, was convicted of rapes and murders of young women and children at his employer's house in Delhi's Noida suburb in 2005 to 2006. A 3-judge bench led by Chief Justice HL Dattu upheld Koli's death sentence saying they were "fully satisfied" that the supreme court had not committed any error that might persuade it to re-examine its order. Report says Koli's last legal recourse is that of filing a curative petition, seeking a review by a larger judicial panel. "Unless the court puts a fresh stay on his execution following the plea, Koli is likely to be hanged," it said. Meanwhile, Koli has been sentenced to death in 5 of the 16 cases lodged against him so far. It added that the Supreme Court, had in February, confirmed death sentence, saying "no mercy" should be shown to Koli. President Pranab Mukherjee had also rejected his mercy plea. (source: Leadership Nigeria) From rhalperi at smu.edu Wed Oct 29 16:57:27 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 29 Oct 2014 16:57:27 -0500 Subject: [Deathpenalty] death penalty news----CONN., IND., KAN., CALIF., USA Message-ID: Oct. 29 CONNECTICUT: Esty defends her opposition to the death penalty Congresswoman Elizabeth Esty offered a passionate defense of her opposition to the death penalty Tuesday night, a week before voters will decide whether to re-elect her to a 2nd term representing Connecticut's 5th District. The last time Esty ran for re-election, as a state representative in 2010, her vote to abolish Connecticut's death penalty, following the Petit family triple murder in the town she represented, helped lead to her defeat. "I'm a lifelong opponent of the death penalty. It cost me my seat in the state legislature . . . " Esty said at a candidate forum sponsored by the Woodbury Business Association. "I live in Cheshire. Awful, terrible things happened in my community. I remember sitting at my kitchen table and hearing those sirens . . . An evil visited my community, but I do not believe that is made right by the state killing in my children's name." Mark Greenberg, a Litchfield real estate developer who is challenging her on Nov. 4, has criticized her position on the death penalty, in the past citing the case of alleged Boston Marathon bomber Dzhokhar Tsarnaev and on Tuesday invoking the shooting at Sandy Hook Elementary School. "I do believe in the death penalty," he said. "I believe, had Adam Lanza survived, he should have been put to death for the terrible thing he did." (source: New Haven Register) INDIANA: Serial killing suspect now cooperating with Ind. judge Suspected serial killer Darren Vann is now cooperating in judicial proceedings after refusing to even acknowledge his name at an earlier court hearing. Vann, who police says has confessed to killing seven women in northwest Indiana, was cooperative in his initial hearing, where he was formally read charges for the strangulation deaths and robberies of two women, Afrika Hardy and Anith Jones. The suspect was upset last week when he appeared before Magistrate Judge Kathleen Sullivan because a jailhouse courtroom was filled with media. He also questioned why the proceeding hadn't taken place at the nearby Lake County courthouse. Sullivan held Vann in contempt last week. Wednesday's hearing was held in a packed courtroom at the county courthouse. But this time Vann, who was handcuffed and shackled at his feet, responded to a series of basic questions asked by Sullivan with "Yes ma'am" and "No ma'am." Hardy's body was found Oct. 17 in a Hammond motel. Jones' body was among six bodies hidden in abandoned houses in Gary that Vann led police to after his arrest for Hardy's killing. Vann has also suggested to investigators that he killed more women, perhaps in other states. Investigators have not corroborated those claims. Sullivan entered not guilty pleas on Vann's behalf and informed him that he faces a possible sentence of 45 to 65 years in prison for each murder. He could face the death penalty if prosecutors decide to pursue it. Authorities have identified 2 other women, Teaira Batey and Kristine Williams, whose bodies were recovered in the abandoned homes. The Lake County Coroner's office is still trying to identify the 3 other women. (source: USA Today) KANSAS: Death penalty to be sought for Frazier Glenn Miller Jr. in Jewish facility killings Johnson County prosecutors will seek a death sentence for the man charged with killing 3 people outside of Jewish facilities in Overland Park in April, defense attorneys said in court filings. As a result, the defense is seeking a continuance of the preliminary hearing for Frazier Glenn Miller Jr. that is scheduled to begin Nov. 12 in Johnson County District Court. Ron Evans of the Kansas Death Penalty Defense Unit said in a motion for a continuance filed Tuesday that District Attorney Steve Howe recently informed him of his decision to seek a death sentence. That will require a 2nd defense lawyer who will need time to familiarize himself with the case, Evans said. Howe's office has not responded to the continuance request, but a hearing on the motion is scheduled for Nov. 5 in Johnson County District Court. Miller, also known as Frazier Glenn Cross Jr., is charged with capital murder in the April shooting deaths of Terri LaManno, 53, William Lewis Corporon, 69, and Reat Griffin Underwood, 14. At age 73, Miller is believed to be the oldest person ever charged with capital murder in Kansas. An avowed racist and anti-Semite, Miller allegedly drove from his southern Missouri home to the Jewish Community Center in Overland Park where he allegedly killed Corporan and his grandson in the parking lot. Reat was there to audition for a talent competition. According to the allegations, Miller then drove to the nearby Village Shalom care center and shot LaManno, who was there to visit her mother. He is also charged with 3 counts of attempted first-degree murder for allegedly firing shots at 3 other people who were not injured. Howe was not immediately available for comment Wednesday. Under Kansas law, he is not required to file notice of intent to seek death until after the preliminary hearing. (source: Kansas City Star) CALIFORNIA: Prosecutors consider death penalty for pair accused of killing deputies Authorities in two Northern California counties that each lost a sheriff's deputy during a shooting rampage last week say they will jointly prosecute the husband and wife couple arrested in the killings. Luis and Janelle Monroy face multiple murder charges after allegedly carrying out the shooting rampage Friday that killed Sacramento County Sheriff's Deputy Daniel Oliver and Placer County Sheriff's Deputy Michael Davis. Prosecutors say Luis Monroy first shot Oliver in a hotel parking lot and then Davis during the ensuing pursuit that crossed into Placer County. Janelle Monroy also faces murder and attempted murder charges for her alleged role as an accessory in the rampage. The decision to seek the death penalty against either defendant will be up to prosecutors in both counties, Sacramento County Dist. Atty. Jan Scully said Tuesday. "We know that both departments have an interest in being a part in seeking justice in this case," she said. "We think it makes perfect sense in our effort to achieve justice for everyone." Officials hope to try the case in Sacramento County, so Scully swore in 2 Placer County officials Tuesday so they could join the prosecution team. The 6-hour ordeal began when Oliver, who was on patrol with his partner, stopped to check on a suspicious vehicle in a Motel 6 parking lot. Officials said Luis Monroy fired a 9mm handgun from the car, fatally wounding Oliver, a 47-year-old father of 2. The couple then tried to carjack a motorist about a mile away, authorities said. When the driver, identified as Anthony Holmes, refused to turn over his keys, he was shot in the head. Holmes remains hospitalized in critical condition. After failing to commandeer Holmes' vehicle, officials said, the couple stole another car and drove to Auburn, where they were confronted by Davis and his partner. That's when Luis Monroy allegedly shot both lawmen with an AR-15. Davis, 42, later died, while his partner was hit in the arm. Prosecutors allege the Monroys also stole a Placer County sheriff???s vehicle and shotgun. Luis Monroy was later arrested in a residence while his wife was still inside the car. The motive for Friday's shooting remains under investigation, Sacramento County officials said. In a 14-count charging document, Luis Monroy Bracamonte, 34, also known as Marcelo Marquez, faces 2 counts of murdering a peace officer and 3 counts of attempted murder - including the shooting of the motorist. He was also charged with several carjacking and weapons-related felonies. Janelle Monroy, 38, is also charged with 1 count of murder and as an accessory with multiple counts of attempted murder and carjacking. Law enforcement officials said Luis Monroy had a history of run-ins with immigration officials. He had been deported twice and authorities believe he may have had at least three different aliases and used multiple dates of birth to avoid detection from law enforcement. Janelle Monroy is a U.S. citizen. (source: Los Angeles Times) USA: Number of Executions in US Reduces Due to Problems With Lethal Injections----The number of people that have been executed throughout the US has fallen to its lowest level in years, due to difficulties with carrying out death penalties in a number of US states and the high cost of prosecution. The number of executions is likely to total about 35 in the United States this year. The US has executed more people in every year since 1994, when 31 inmates were put to death, according to the Death Penalty Information Center, which monitors capital punishment. There were 39 executions in the country in 2013. This is partially due to the difficulties with carrying out the death penalty and the high cost of prosecutions, according to the Center. "The states still have real problems up ahead with lethal injections. The drugs simply are hard to get, and the sources are mysterious, which always raises concern in the courts," said Richard Dieter, executive director of the Death Penalty Information Center. Problems with executions in Oklahoma, Arizona and other states this year forced officials to review new combinations of lethal injection drugs, the Center posted on its official website. Oklahoma has delayed the rest of its scheduled executions until 2015 "to allow time to obtain necessary drugs." Meanwhile the US Supreme Court has stayed the execution of Mark Christeson of Missouri, who was convicted of killing a woman and her 2 children in 1998 and was scheduled to die on Wednesday at midnight. The highest court in the US supported his claims that his previous attorneys were inadequate. Among other things, those attorneys missed a 2005 deadline for a federal court appeal of Christeson's conviction and death sentence. New date has not been scheduled yet. On Tuesday evening, a former gang member, Miguel Paredes, was put to death for the fatal shooting of 3 of his rivals in September 2000. He received a lethal injection at the Texas death chamber in Huntsville. Paredes was convicted along with 2 co-defendants, who received life sentences. (source: RIA Novosti) From rhalperi at smu.edu Wed Oct 29 16:58:18 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 29 Oct 2014 16:58:18 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 29 NORTH KOREA----public execution North Korean officials 'publicly executed for watching South Korean soap operas' North Korea has reportedly publicly executed at least 50 people this year, including several party officials for watching soap operas. According to South Korea's National Intelligence Service (NIS), Pyongyang has purged about 10 officials from Kim Jong-un's Workers' Party for watching South Korean soaps. The officials, who also faced charges of bribery and womanising, were thought to be close to Kim's executed uncle, Jang Song-thaek, Yonhap news agency reported. All television and media is under strict state control and access to the internet is limited but despite a harsh crackdown, banned foreign shows and films have been gaining popularity in recent years. Some are believed to be secretly streamed over the internet, while others are smuggled into the country on DVDs, video cassettes of memory sticks sold on the black market. A North Korean defector calling himself "Mr Chung" revealed North Korea's preferences in a Channel 4 documentary last year. He smuggles radios, USB sticks and DVDs of soap operas and entertainment shows into the North, posing as a mushroom importer. "The men prefer watching action films," he said. "Men love their action films! I sent them Skyfall recently. The women enjoy watching soap operas and dramas. "The more people are exposed to such media the more likely they are to become disillusioned with the regime and start wanting to live differently." A group of activists in South Korea led by another defector from the North send satchels containing anti-regime flyers, noodles, $1 bills and USB sticks containing South Korean soap operas over the border attached to balloons. North Korea forbids its 24 million people from watching foreign broadcasts and videos out of fear outside influence could undermine the dictatorship's ideology. Anyone caught smuggling them in or distributing illicit material can be executed for crimes against the state and viewers have reportedly been sentenced to years in prison camps or hard labour. A similar purge was reported last year, when around 80 people were said to be executed for watching South Korean television shows in November. In the eastern port of Wonsan, the authorities gathered 10,000 people in a sports stadium to watch the execution of 8 people by firing squad, JoongAng Ilbo reported. It is not known whether the most recent group of officials executed include the 6 reported missing earlier this month. Kim recently sparked global speculation over power struggles and even a coup by disappearing from public view for 40 days. South Korean spies have since claimed the leader is recovering following an operation to remove a cyst from his right ankle, although there is a chance the condition could recur because of his weight. (source: The Independent) SAUDI ARABIA: Saudi Arabia is shooting itself in the foot by executing Shiite cleric The House of Saud's plans to execute a revered Shiite cleric and protest leader reveal the extent to which the regime is vulnerable and desperate to perpetuate itself. Going ahead with the execution would be strategic miscalculation. Significant political developments have unfolded in Saudi Arabia in recent weeks following a court decision to execute Sheikh Nimr Baqir al-Nimr, a polarizing Shiite cleric and political activist who has campaigned for civil equality, an inclusive socio-political system, women's rights, minority rights, and the release of political prisoners. Prosecutors condemned the cleric to death by beheading as punishment for charges of sedition, though the execution date has not yet been set. Sheikh Nimr has been the fiercest critic of the Kingdom's absolute Sunni monarchy for the last decade, but gained a considerable public following after leading a series of protests in 2011 in opposition to the Saudi military's violent intervention and suppression of the pro-democracy movement in neighboring Bahrain, a satellite state with a Shiite majority ruled by a heavy-handed Sunni dynasty. His sermons and political activism continually emphasized non-violent resistance. The Kingdom's decision to sentence Nimr to death has complex implications that will push sectarian tensions to fever pitch inside Saudi Arabia and throughout the region, dangerously sharpening tension with Iran. Prominent clerics in Iran and Bahrain, as well as Shiite militant groups such as Hezbollah of Lebanon and the Houthi movement of Yemen, have all condemned the verdict and warned the Kingdom not to proceed with the execution. These developments are a symptom of the greater Sunni-Shiite sectarian conflict raging throughout Iraq, Syria and other hotspots across the region, representing the most poignant challenge facing the Muslim world in contemporary times. Western governments and corporations have aided and abetted Saudi Arabia and other wildly repressive theocratic monarchies, which have been given carte blanche to shape and spread radical Sunni Islam. The United States has long tolerated the House of Saud exporting fanatic sectarianism throughout the Islamic world in the interest of furthering its own strategic foreign policy objectives. Saudi Arabia, a key financier of jihadist groups fighting in Syria and Iraq, has used its vast oil wealth to promote the ideology of ultra-conservative Wahhabism in missionaries throughout the Muslim world over the past 3 decades. It has sought to promote a puritanical and rigidly exclusionist Islam that declares non-Muslims - and Muslims of minority sects - as infidels. The Kingdom is governed by a feudalistic, decadent monarchy bent on entrenching its own power and the uncontested legitimacy of the King as the de facto leader of Sunni Islam. The rise of the Islamic State organization is the result of reckless Western and Gulf policies that have destabilized both Iraq and Syria. Because this group and their fellow travelers do not recognize the legitimacy of the House of Saud, the Kingdom has constructed a massive fence around its borders, in addition to taking measures to prevent domestic sympathizers from becoming politically active inside the country. Saudi Arabia has recently agreed to an American request that the Kingdom provide a base to train so-called "moderate" Syrian rebel fighters, in the name of fighting extremism. The execution of Sheikh Nimr, a revered Shiite religious scholar, will be widely read by fanatic Sunni militia groups as a Saudi endorsement of their campaign of sectarian cleansing and bloodletting of Shiites and minorities in Iraq and Syria, in the interest of crushing any political opposition to radical Wahhabism. The notion that a country so demonstrably sectarian and extremist can be entrusted with the task of training "moderates" is appalling. The House of Saud has promoted the unsubstantiated narrative that Iran is actively plotting to undermine Sunni Islam, characterizing the country's Shiite minority as co-conspirators. The 2 million strong Shiite minorities - who represent some 10 to 15 % of the population - live in the oil-rich eastern province that is strategically vital to the Saudi economy. This blatant manipulation of the sectarianism is aimed at dividing the citizens of Saudi Arabia from forming a unified opposition to the monarchy. Sheikh Nimr was shot 4 times by police and arrested in February 2012, fueling protests throughout the eastern province, mainly in Qatif and Awamiyah, but also wider unrest in Sunni areas such as Hejaz, Mecca, and the capital, Riyadh. Open dissent is rare in the Kingdom, but it is becoming increasingly common with the rise of the internet. More than half the country is under 18-years-old, while the heirs to the throne are rapidly ageing. Open-minded sections of society are beginning to come to the realization that Saudi Arabia is a brutally theocratic, opulent gerontocracy utterly dependent on energy exports and Western patronage. The rise of the Islamic State group, whose leadership claims to represent all Muslims, has created a situation where Riyadh must demonstrate its Islamic credentials through its uncompromising implementation of Sharia law, which has led to a recent surge of executions by beheading. Riyadh's calculation is that executing Sheikh Nimr will help increase support for the monarchy from a society with strong anti-Shiite leanings. It will also polarize the Shiite minority and young cosmopolitan Sunnis, leading to wider unrest and more open displays of dissent against the monarchy. In death, the Saudis would immortalize Sheikh Nimr as a symbol of opposition, thereby shooting themselves in the foot. It would be a major strategic blunder for the House of Saud to give its opponents a martyr. The Saudi ruling family feels increasingly vulnerable from both internal and external threats, and the pervasive stoking of sectarian tension and anti-Shiite sentiment are an attempt to deflect from other potential forms of dissent, such as the lack of political representation and the dire poverty that many in the Kingdom live under. Sheikh Nimr's call for compassion, social justice and civil equality undeniably claim the moral high ground. The only move Riyadh can make to delegitimize this message is to fuel irrational, unthinking sectarianism. In any case, the silence from Washington has been deafening. The US has not given any sign that it is opposed to Sheikh Nimr's execution and would not be inclined to take the side of a Shiite cleric that Riyadh accuses of being an agent of Tehran. Washington's missionary democracy promotion is left at the door when dealing with Saudi Arabia, which is far too strategic and beneficial to US military and economic interests to be cut loose as a liability. Sheikh Nimr's only fault is opposing the wrong regime in the wrong country. If he campaigned with the same program against a government that the West regarded with hostility, the world would know his name. (source: Nile Bowie is a political analyst and photographer currently residing in Kuala Lumpur, Malaysia----RTT news) BANGLADESH: Bangladesh: Death penalty will not bring justice for crimes during independence war The death sentence against a leading opposition figure in Bangladesh for war crimes will not bring justice to the millions of victims of the independence war, Amnesty International said. Additionally, the defence team has consistently raised concerns that trial proceedings have not followed fair trial standards. Motiur Rahman Nizami, head of Jamaat-e-Islami, the third largest political party in Bangladesh, was sentenced to death for war crimes today by the International Crimes Tribunal (ICT), a Bangladeshi court established to investigate the events of Bangladesh's 1971 independence war. "Bangladesh must overturn the death sentence against Motiur Rahman Nizami and all others. The death penalty is the ultimate cruel, inhuman and degrading punishment and can never be a way to deliver justice," said Abbas Faiz, Amnesty International's Bangladesh Researcher. "The crimes committed during the independence war were horrific, and there is no question that victims deserve justice. But the death penalty only perpetuates the cycle of violence." "The death penalty is not only a violation of the right to life, but it is an irreversible punishment if it leads to execution, and leaves no room to correct any possible judgment errors or fair trial violations from the proceedings." All verdicts so far have come against individuals associated with the opposition Jamaat-e-Islami party. The ICT has faced allegations of unfair trials from rights groups since it was established - complaints echoed by Nizami's defence team during the trial. "The ICT is a unique opportunity for justice and reconciliation in Bangladesh. But in the face of consistent concerns raised by the defence team about the trials not being fair it will only have the opposite effect and create more resentment," said Abbas Faiz. Previous death sentences handed down by the ICT have led to large-scale street protests, and Jamaat-e-Islami have already called for a 3-day national strike (hartal) to protest today's verdict. "The political situation in Bangladesh is extremely tense, and there is a real risk that any street demonstrations could erupt into violence. It is crucial that security forces ensure that people's right to demonstrate peacefully is respected, and that leaders on all sides urge their supporters to not commit abuses," said Abbas Faiz. As of today, 140 countries have abolished the death penalty in law or practice. Bangladesh was 1 of only 9 countries that carried out executions every year between 2009 and 2013. Amnesty International opposes the death penalty in all cases without exception, regardless of the nature or circumstances of the crime; guilt, innocence or other characteristics of the individual; or the method used by the state to carry out the execution. The organization calls on the Bangladeshi authorities to immediately establish a moratorium on executions as a first step towards abolition and commute all death sentences. (source: Amnesty International) GHANA: Report: Abolition Of Death Penalty In Ghana REPORT ON A WORKSHOP ORGANIZED BY FRANCE EMBASSY AND AMNESTY INTERNATIONAL, GHANA ON ABOLITION OF DEATH PENALTY IN GHANA TO MARK THE 12TH UN INTERNATIONAL DAY AGAINST DEATH PENALTY : - ACCRA, GHANA ON 9TH OCTOBER 2014 Introduction The Embassy of France in Ghana and Amnesty International, Ghana organized a workshop in Accra to discuss the abolition of the death penalty in Ghana. The event which took place on 9th October, 2014 was organized to mark the 12th UN International Day Against Death Penalty. The aim of this workshop was to enable the participants to discuss the way-forward for abolition of the death penalty in Ghana as the country prepares for a possible referendum on whether the death penalty should be abolished in Ghana or not. The Embassy of France in Ghana funded the workshop. Participants There were about 80 people who attended the workshop. The participants were made up of about 40 media men & women and about 40 people drawn from CSOs, government institutions, and para-statal institutions. Facilitator & Presenters The France Embassy invited Anne Souleliac, an Expert from the World Coalition on Abolition of the Death Penalty based in Paris, France to make presentations and also facilitate the workshop. Justice Emile Short, a former Commissioner of the Commission for Human Rights and Administrative Justice, Ghana (CHRAJ), chaired the occasion. There were various national expert and stakeholder presenters including the France Ambassador to Ghana, the Director of Amnesty International Ghana, the Director of Human Right Advocacy Centre (HRAC), a Chaplain at the Ghana National Catholic Secretariat and two (2) Human Right Activists - Mr. George Aggrey of the Ghana Education Service and Dr. Vincent Adzahlie-Mensah of the University of Education, Winneba. Mode of the Workshop Various experts and stakeholders made presentations at the workshop. The presentations were then followed by an open forum for brainstorming and discussions by the participants. The discussions were moderated by Anne Souleliac, the Visiting Expert, Mr. Pierre-Yves, Kervennal, Democracy & Governance Advisor of the France Embassy in Ghana and Lawrence Amesu, Director of Amnesty International, Ghana. The deliberations at the workshop focused mainly on the strategies that Ghana might adopt to ensure that the death penalty clause would be expunged from the country's 1992 Constitution which is currently under review. Various suggestions and recommendations were made for discussions and the following were the agreed action plan and conclusions. ACTION PLAN/OUTCOME/CONCLUSION OF THE WORKSHOP -- A Coalition of organizations including CSOs and other related institutions was formed. Related institutions (e.g. National Commission for Civic Education (NCCE), which were not present at the workshop should be encouraged to join the Coalition. -- The Coalition will have a mandate to carry out country wide advocacy and human right education for the abolition of the death penalty in Ghana. -- Amnesty International, Ghana will host the Coalition. -- Media men and women should be engaged to give public education on the need to abolish the death penalty. -- There should be a call for a de jury moratorium by the President - the Coalition should take this recommendation forward. -- Amnesty International Ghana should create a link at her website solely for social media interaction and information dissemination on issues regarding abolition of death penalty in Ghana. -- The Coalition will submit its action plan/proposal to the Embassy of France and other interested Embassies for consideration of funding support. -- The Coalition should react (e.g. press release, press conference etc) immediately to every death sentence that may be passed by any Court in the country. Media Coverage The Ghanaian media (both print and electronic) covered and reported extensively on the proceedings at the workshop. Three national TV stations (Metro TV, Multi-TV and TV3) telecast their report during their main evening news broadcast to nation in the evening of 9th October. See enclosed a copy of Ghana Daily Graphic report of 10th October, 2014 titled "Expunge death penalty from Constitution - Panelists" Also enclosed is a list of links to social media reports on the event. Also, on 6th October 2014, prior to the workshop, media men from Ghana's TV3 station visited the office of Amnesty International, Ghana and interviewed the Director of the Section on the purpose and the intended objectives of the 9th October planned workshop. The interview was telecast at the evening news on the same day (6th October 2014). The Ghana Television Station-24 (GTV24) also hosted a 2-man live television panel discussion on the topic "Abolition Death Penalty in Ghana - the Wayforward". The 2 panelists were the Director of Amnesty International, Ghana who presented the issues from the perspectives of abolitionists and a Ghanaian Social Commentator, who presented the issues from the views of retentionists. There were also phone-ins from the Ghanaian public. While some of them (phone-in callers) called for the abolition of the death penalty others called for its retention in the Ghana's Constitution. Preceding Activities A) France Ambassador's Lunch Meeting - 8th October, 2014 Prior to the workshop, the France Ambassador to Ghana, hosted a lunch meeting at his residence on 8th October 2014. This lunch meeting was held for 14 selected individuals with interest in the issue of abolition of the death penalty in Ghana to discuss the issue and make suggestions which would feed into the workshop on 9th October. These individuals were made up of heads and/or representatives of selected CSOs (e.g. AI Ghana, HRAC, Ghana UPR Coalition) and other institutions including the Commissioner of CHRAJ, The President of Ghana Bar Association, the Deputy Chairman of the Constitutional, Parliamentary and Legal Select Committee of the Ghana Parliament, the Chairman of Ghana Constitutional Review Implementation Committee and representatives of selected Embassies. The main outcomes of the lunch meeting include: -- Confirmation that there was no other alternative legal means to abolition the death penalty in Ghana other than going to referendum for the people of Ghana to make the decision. It was also confirmed that this decision must be made by at least 40% of Ghanaian voting population voting at the referendum and 75% of this voting population must vote "Yes" for abolition of the death penalty in Ghana for the DP clause to be removed from the 1992 Constitution which is currently under review. -- Confirmation that the Constitutional Review Implementation Committee's on-going Regional Consultative process has been suspended because the issue of whether the Committee has a mandate to continue the consultative process was pending at the Supreme Court of Ghana. -- It was expected that the Courts will be able to make a decision by end of December 2014. It was also confirmed that if the Courts decided that the Constitutional Review process should go ahead, it would take at least six (6) months of consultations before a referendum could be conducted to decide on the entrenched constitutional issues including the abolition of the death penalty in Ghana. -- It was recommended that strategic and mass education of Ghanaians was necessary to ensure that the abolition of the death penalty would receive 75% "Yes" votes at a referendum. B) Meeting with Representatives of Selected Institutions As part of the event/workshop to mark the 12th International Day Against the Death Penalty, the France Embassy and Amnesty International, Ghana organized a series of meetings with selected organizations on 8th October 2014. These meetings were arranged to enable the visiting Expert from the World Coalition Against Death Penalty, Anne Souleliac to interact and share ideas with representatives of CSOs and other institutions that are campaigning for abolition of death penalty in Ghana. Pierre-Yves Kervennal, the Development & Governance Advisor of the France Embassy and Lawrence Amesu, Director of Amnesty International, Ghana, accompanied Anne Souleliac to these meetings. The team met with the representative of the following organizations/institutions: -- the Executive Director of Human Right Advocacy Centre, -- representatives of the Executive Director, Human Development Department of the National Catholic Secretariat, Ghana -- the President, Ghana Bar Association -- the Deputy Commissioners, Commissioner on Human Rights and Administrative Justice, Ghana The discussions and suggestions at these meetings were also fed into the deliberations at the workshop on the following day - 9th October. Report Compiled by: Lawrence Amesu, Director, Amnesty International, Ghana (source: spyghana.com) PAKISTAN: Asia Bibi's death penalty: A test case for human rights in Pakistan The lawyers of Asia Bibi, a Pakistani Christian woman convicted of blasphemy, are set to appeal against her death penalty in the Supreme Court. Activists say the case will serve as a test for human rights in Pakistan. Asia Bibi has been languishing in prison for more than five years. The 49-year-old mother of 5 was arrested in June, 2009 after her neighbors complained that she had made derogatory remarks about Islam's Prophet Mohammed. A year later, Bibi was sentenced to death under the Islamic Republic's controversial blasphemy law despite strong opposition from the national and international human rights groups. The slim hope that the Pakistani judiciary might pardon Bibi and eventually release her was dashed earlier this month when the Lahore High Court (LHC) ruled to uphold her 2010 death sentence. "We are utterly disappointed, but we will file a review petition against the LHC decision in the Supreme Court," Asia Bibi's lawyer Naeem Shakir told reporters after the October 16 verdict. Shakir is still hopeful that the country's highest court will grant Bibi amnesty. Bibi's family members are hoping for a presidential pardon Others are not so hopeful. Imran Nafees Siddiqui, an Islamabad-based civil society activist, says that the South Asian country's civil society should keep building pressure on the government and the courts irrespective of the legal outcome. "[The blasphemy law] is a man-made doctrine and not a divine revelation. The rights group should continue to demand Bibi's freedom. The media should also play an active role," Siddiqui told DW. "The public opinion carries a lot of weight and can also influence courts' decisions. We have to create an alternative narrative to defeat the extremist discourse in the country. It is a test case for the rights of minorities in Pakistan," he added. International condemnation The Geneva-based World Council of Churches (WCC) has also come out in Bibi's defense. On Monday, October 27, the WCC's general secretary Rev. Olav Fykse Tveit issued a statement expressing his concern over the rejection of Bibi's appeal against the capital punishment. "The alleged circumstances of the incident which led to the blasphemy charges against Asia Bibi are highly questionable, and the imposition of the death penalty in this case is totally inappropriate," said Tveit, adding that apart from the issues of religious freedom, the charges, ongoing imprisonment and threat of execution seemed to have infringed Bibi's basic human rights. The leaders of Pakistan's Christian community have also expressed alarm and sorrow over the LHC ruling. There have been demonstrations for Asia Bibi all over the world, including in Pakistan But all this condemnation is not sufficient to convince the supporters of the blasphemy law. Fareed Ahmad Pracha, a leader of Pakistan's right-wing political party, the Jamaat-i-Islami, disagrees with the critics of the legislation and says the actual problem is not with the law but with its interpretation. "We just want to say that the law should be enforced properly, there should not be any change made into the blasphemy law. We will not tolerate or accept this. If you make way even for a single change in the law, then there will be a number of changes, whereas there has never been a case where anyone has been punished," he emphasized. Call for repeal of the law There is evidence to support Pracha's claim. Although hundreds have been convicted of blasphemy, nobody in Pakistan has ever been executed for the offense. Most convictions are retracted after the accused makes an appeal. However, angry mobs have killed people accused of desecrating the Koran or Islam. Controversial blasphemy laws in the Islamic Republic of Pakistan, where 97 percent of the population is Muslim, were introduced by the military dictator General Zia-ul-Haq in the 1980s. Activists say they are often implemented in cases which have little to do with blasphemy however. They are used to settle petty disputes and personal vendettas. Christians, Hindus and Ahmadis are often victimized as a result. Mumtaz Qadri said he 'punished' Taseer for insulting Islam A few months after Bibi's conviction, Salman Taseer, a former governor of the central Punjab province, was murdered by his bodyguard, Mumtaz Qadri. Qadri said he had killed Taseer for speaking out against the blasphemy laws and in support of Bibi. In March 2011, Shahbaz Bhatti, Pakistan's former minister for minority affairs, was assassinated by a religious fanatic for the same reason. Farzana Bari, director of Center for Women's Studies at Islamabad's Quaid-i-Azam University, believes discrimination will persist unless there is radical change. "It is high time that the government reform the blasphemy law," she said to DW. "These laws are against the spirit of Islam and are a cause of notoriety for the country." Religious discrimination in Pakistan is not a new occurrence but it has increased considerably in recent years. Pakistan's liberal sections are alarmed by the growing influence of religious extremists in their country. Rights activists complain that the Islamists enjoy state patronage, while on the other hand liberal and progressive voices have to face the wrath of the country's security agencies. (source: Deutsche Welle) From rhalperi at smu.edu Thu Oct 30 14:37:54 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 30 Oct 2014 14:37:54 -0500 Subject: [Deathpenalty] death penalty news-----TEXAS, PENN., FLA., OHIO, KY. Message-ID: Oct. 30 TEXAS----new 2014 execution date Texas adds 11th killer to 2014 execution list; Scott Panetti, 56, was condemned for the 1992 murders of his wife's parents. He is set to be executed in December. The Texas Department of Criminal Justice on Wednesday added an 11th inmate - double killer Scott Panetti - to its roster of 2014 executions. The addition of the Kerr County killer to the execution list came one day after the execution of San Antonio triple killer Miguel Parades, who was the 10th inmate to be executed this year. 6 other killers with execution dates received stays, although the execution of 1 of them has been reset for next year. Executions may be scheduled at any time during the year, provided a 30-day period passes between the date the execution was ordered and the date it is carried out. Executions typically are not scheduled around Christmas. Panetti, 56, was condemned for the 1992 murders of his mother and father-in-law. His execution is set for Dec. 3. He will become the 519th killer to be executed in Texas since the state began lethal injections in 1982. (source: Houston Chronicle) ************************************* Execution Date Set for 'Delusional' Murderer Scott Panetti in Texas Texas has set a new execution date for a bible-thumping convicted murderer who, according to his lawyers, is so mentally ill he thinks the devil is orchestrating his death. Scott Panetti, 56, fatally shot his in-laws in front of his estranged wife and their kids in 1992. Despite a history of schizophrenia, he was deemed competent to stand trial and represented himself, wearing a costume and trying to subpoena a dead president and a movie star. The U.S. Supreme Court granted Panetti a reprieve in 2007, ordering low courts to take a closer look at whether Panetti has a "rational understanding" of why he is being put to death. Prosecution experts suggested Panetti was malingering, while defense psychologists said he was delusional. The judge found that while delusions may have fueled Panetti's crimes, he realizes he committed the murders and meets the standard for execution. Earlier this month, the U.S. Supreme Court declined to review Panetti's appeal and a county judge signed an order for a Dec. 3 execution. His lawyer, Greg Wiercioch, called that "unfortunate" in a statement. "For more than 3 decades, Mr. Panetti has suffered from severe mental illness," he said. "He was allowed to represent himself at his capital trial, wearing a make-believe cowboy outfit and attempting to subpoena Jesus Christ and John F. Kennedy. He has a fixed delusion that Satan, working through the State of Texas, is seeking to execute him for preaching the Gospel. His execution would be a miserable spectacle." (source: NBC news) ************************************* Executions under Rick Perry, 2001-present-----279 Executions in Texas: Dec. 7, 1982-present----518 Perry #--------scheduled execution date-----name---------Tx. # 280------------Dec. 3-------------------Scott Panetti---------519 281------------Jan. 14------------------Rodney Reed-----------520 282------------Jan. 15------------------Richard Vasquez-------521 283------------Jan. 21-------------------Arnold Prieto--------522 284------------Jan. 28-------------------Garcia White---------523 285------------Feb. 4--------------------Donald Newbury-------524 286------------Feb. 10-------------------Les Bower, Jr.-------525 287------------Mar. 11-------------------Manuel Vasquez-------526 288------------Mar. 18-------------------Randall Mays---------527 289------------Apr. 15-------------------Manual Garza---------528 (sources: TDCJ & Rick Halperin) PENNSYLVANIA: 'Greensburg 6' killer wants to appeal her sentence One of the people convicted in the 2010 torture and killing of a mentally disabled woman in Greensburg was today granted a hearing to appeal her sentence. Amber Meidinger, who is representing herself, is claiming ineffective legal representation and a conflict of interest, according to paperwork she filed earlier this month with Westmoreland County Common Pleas Court. Her court filing for reconsideration provided no other details. Meidinger, 24, who originally faced the death penalty in the slaying of Jennifer Daugherty, testified for the prosecution. She pleaded guilty to 3rd-degree murder, criminal conspiracy and kidnapping and was sentenced to 40 to 80 years in prison. Trial Judge Rita Hathaway ruled that the hearing would occur during the next available criminal motions court. Meidinger was one of the so-called "Greensburg 6," 6 roommates who prosecutors say held Ms. Daugherty captive and abused her for 3 days before killing her in the winter of 2010. They were all convicted. 1 of Meidinger's co-defendants, Melvin Knight, who is on death row for the slaying, appealed his sentence last month. Among the claims made by Knight's counsel was the argument that the death sentence was unconstitutional because Meidinger did not get the death penalty despite being "equally or more culpable." (source Pittsburgh Post-Gazette) FLORIDA: Bondi recommends stay of execution be denied for Gadsden County man Attorney General Pam Bondi replied to a stay of execution motion by a Gadsden County convicted murderer saying he failed "to show substantial grounds for relief required for a stay." Chadwick Banks' attorney, Tampa based Terri Backhus, submitted the stay to the Florida Supreme Court Wednesday. Banks, who was convicted in the 1992 slaying of his wife and stepchild in Gadsden County, is scheduled to be executed at Florida State Prison Nov. 13. Backhus' motion said that Banks' post-conviction legal counsel did not fully represent his client Bondi cited a several failed appeals by inmates who were executed this year, wherein it found "in order to justify a stay of execution, Banks must demonstrate 'substantial grounds on which relief might be granted.'" Backhus cited in her appeal Wednesday a 2014 Missouri appeal wherein the U.S. Supreme Court granted a stay based on deficient performance by an inmate's counsel. Bondi continued that Banks' arguments relate to federal court proceedings, not state appeals and contends there is no constitutional right, or 3rd party right, to post-conviction counsel. Backhus' involvement in Banks' appeals were also noted by Bondi. "The State also notes that Ms. Backhus continues to attempt to minimize her historical role as counsel for Banks," it wrote in its reply. "Ms. Backhus was Banks' counsel in federal court for almost the past 10 years ... and, contrary to Ms. Backhus attempting to minimize her role as Banks' counsel in state court, through her successive post-conviction motion filed in 2010 in state circuit court, she appeared in state court and she continued to appear for Banks in state court as she litigated the denial of that motion in this Court," resulting in the 2012 Banks vs. State appeals trial. "The State respectfully submits that Banks' execution should not be stayed and that the motion for stay of execution should be denied," Bondi concluded. Banks, now 43, was on probation for two aggravated assault charges when he entered the Gadsden County home of his wife Cassandra Banks around 2:30 a.m. and shot her in the head while she slept. He then went into the bedroom of his 10-year-old stepdaughter Melody Cooper and raped her before also shooting her in the head. After pleading no contest to the crimes, Banks was found guilty of 2 counts of 1st-degree murder and 1 count of sexual assault on a victim under 12 years old by a Gadsden County jury in 1994. The jurors voted 9-3 to recommend the death penalty. His direct appeals have been denied by the Florida Supreme Court. Following the denial of his 1st appeal, the court called the double murders "heinous, atrocious and cruel" enough to warrant death. "In the early morning hours, Banks sat outside the trailer for several minutes before entering. He then shot his wife as she lay sleeping," said the court in 1997. He appealed again in 2001, but the high court again denied his request. If he is executed, Banks would be the 19th Florida death row inmate killed during Scott's 1st term in office, the most of any Florida governor. Banks would be the 89th prisoner executed since 1979 following reinstatement of the death penalty in Florida. Original story The attorney of Chadwick Banks, who was scheduled to be executed for the 1992 double murder of his wife and stepchild, submitted a stay of execution to the Florida Supreme Court Wednesday afternoon. Banks' execution at Florida State Prison was scheduled for Nov. 13. In the motion, Banks' attorney Terri L. Backhus of Tampa says that his client's post-conviction counsel did not have the resources, staff or experience to take on capital litigation. "Mr. Banks alleged that his post-conviction counsel, Gary Printy, abandoned him during his post-conviction appeal in this court by not completing briefing or a motion for a rehearing," Backhus wrote in the 7-page motion. Backhus filed an appeal with the state court last week, which announced Wednesday morning oral arguments on Nov. 4 on the case had been cancelled. Backhus wrote that Banks' previous attorney failed to obtain his client's public records and uncover details about mental illness and child abuse and missed the deadline to file a federal appeal. He continues that Printy admitted after Banks' death warrant was signed by Gov. Rick Scott that he was unqualified and his client did not have proper representation until Oct. 1, 10 days after the warrant was signed. "Our system will be irreparably broken if Mr. Banks is not allowed a remedy for the vested right that Florida created," Backus wrote. (source: Tallahassee Democrat) ****************** Peace groups, exonerated inmates rally to call for an end to Florida's death penalty Pope Francis called for an end to capital punishment the day before an Oct. 24 rally that drew those opposed to the death penalty to demonstrate in front of the Old Capitol here. The weekend assembly was sponsored by Pax Christi Florida, Tallahassee Citizens Against the Death Penalty, and Floridians for Alternatives to the Death Penalty (FADP). At the juncture of 2 of the busiest streets in Tallahassee, loud honks from people in cars who supported those demonstrating cut through the speakers' words, but it was noisy encouragement for those holding signs and banners. Nearly 100 advocates from around the state embraced the pope's words to galvanize their position. Florida has exonerated the highest number of death row prisoners in the nation. However, FADP director Mark Elliott said the current Florida governor, Rick Scott, "is in a horse race with Texas Gov. Rick Perry to see who wins for the most executions." Texas leads with nine executions so far this year, followed by Missouri with eight and Florida with seven. Chadwick Banks is scheduled to die by lethal injection in Florida on Nov. 13. If it goes through, Banks will become the 20th person to die by lethal injection in Scott's four years, the highest of any Florida governor. Since Florida reinstituted capital punishment in 1979 after the U.S. Supreme Court lifted the ban against state-sponsored killing, 88 inmates have been executed in the state. There are approximately 400 inmates awaiting execution on Florida's death row. According to FADP, the cost to the state's taxpayers is $1 million a week versus $750,000 for extended life imprisonment. Three exonerated death row prisoners were among those at the Oct. 24 rally. David Keaton was the first to be found innocent in Florida. Recently exonerated Seth Penalver, who spent 18 years on death row, and Herman Lindsey spoke eloquently and without rancor about their experiences. The men have not had their voting rights restored because of new restrictions under Scott. All 3 are African-American. In Florida, 15 of the 24 death row inmates who have been exonerated since 1973 are black; 4 are Latino. Democrat state Rep. Michelle Rehwinkel Vasilinda is a vocal opponent of capital punishment. She has introduced legislation to repeal capital punishment for four years in a row, but it has yet to be heard in the Republican-controlled legislature. Fr. Phil Egitto of Our Lady of Lourdes parish in Ormond Beach, Fla., protests outside the Florida State Prison walls in Starke, Fla., with a group of parishioners each time an execution takes place. "We are there to pray to change the minds and hearts of people who come from a culture of violence," Egitto said. "Abortion is a person's decision, but when the state kills in our name, it is not our choice." "Going to ground zero is important," he added. "Bringing the presence of love, we combat violence that begets violence. We stand as the first disciples stood, at the foot of the cross." Fr. Tim Holeda of Blessed Sacrament Parish in Tallahassee asked those listening to "imagine a world where the death penalty isn't racist or costs anything. It is still unacceptable. Ask your friends, 'When is it acceptable for the state to kill someone?'" "We need to be a people of love, of peace and mercy," he said. The Rev. Brant Copeland, pastor of First Presbyterian Church in Tallahassee and a longtime social activist, had a list of why he opposes the death penalty. "It offends my faith," he said. "It doesn't deter crime, and it puts vengeance ahead of justice. It is an international embarrassment. I don't enjoy sharing the spotlight with human rights abusers like Iraq, Iran, China and Saudi Arabia." The weekend wrapped up with presentations by two human rights activists. Terry Coonan, director of Florida State University's Center for the Advancement of Human Rights, said, "140 countries have stopped the death penalty. This is a human rights issue and very expensive retribution." The other activist was former president of the American Bar Association, former state legislator and retired FSU president Sandy D'Alemberte, who founded the Innocence Project of Florida, which works with wrongfully convicted prisoners. "The way we administer the death penalty in Florida is arbitrary," he said. "People who get the death penalty are not the worst people who commit the worst crimes, but those who get the worst lawyers." D'Alemberte said he advocates boycotting Florida by European countries that advise tourists to avoid the state. "If countries treated Florida and the U.S. as they did apartheid in Africa, the death penalty would end," he said. (source: Catholic Reporter) OHIO: Shawn Ford never felt loved, psychiatrist testifies in death penalty phase of sledgehammer murder case Shawn Ford never felt loved by the family who largely ignored him during his childhood, a psychiatrist testified Wednesday in Ford's capital murder case. Ford never felt cared for until he started dating Chelsea Schobert in late 2012, according to Dr. Joy Stankowski, months before Ford attacked Schobert and bludgeoned her parents to death with a sledgehammer. "Shawn told me he never felt loved by his mother or family," said Stankowski, a forensic psychiatrist at Northcoast Behavioral Healthcare. "He said his sister was his mom's favorite and his stepbrothers were his stepfather's favorite." Stankowski testified for four hours on Wednesday during the death-penalty phase of Ford's trial. A jury previously convicted Ford of several charges, including aggravated murder, that could land him on death row. Stankowski, a defense witness who is paid $350 per hour, examined Ford in four separate interviews between June and September, she said. Stankowski testified that Ford suffered from anti-social personality disorder, that he had alcohol and marijuana dependency, that he was neglected and abused by his family and that he had a low IQ. Defense attorneys and prosecutors argued about the significance of the IQ tests Ford took. Ford scored a 64 on one recent test, which puts him below the threshold of 70 that could prevent Ford from being executed. Prosecutors argued that Ford purposefully tried for a low IQ score. The test administrator also noted in a report that Ford appeared to be inattentive and impulsive during the test, according to testimony. Ford scored an 80 on another IQ test given about the same time. Defense attorney Jonathan Sinn asked Summit County Judge Tom Parker to dismiss death penalty specifications because of Ford's low IQ. Parker denied the request but told Sinn he could provide legal briefs arguing his position. Stankowski also testified that Ford's upbringing had a profound impact on his life. She noted one instance when Ford was 3 and jumped on his father's back in order to stop him from attacking his mom. "He became quiet after that," Stankowski said. Ford then went to live with his grandparents, the only time he had two parental figures in his life at the same time, Stankowski said. He went back to live with his mother about age 5 and was so upset he didn't speak for months. She also noted that Ford's mother said instead she would simply ignore Ford instead of talking to him about issues in his life. "She coped by ignoring him or telling his sister to talk to him," Stankowski said, adding that Ford learned to fight at an early age because classmates bullied him about his high-pitched "girly" voice. The only way Ford learned how to make the bullying stop is by fighting classmates, she said. "He had a lot of disruption in his life at a key time in his development," Stankowski said. "A child at that time needs to feel good about their family instead of being abused. That can have a very serious impact on someone's development." Assistant Summit County Prosecutor Brian LoPrinzi sought to show Ford purposefully lied to Stankowski and that he faked his IQ tests in order to be spared the death penalty. He asked Stankowski if Ford may have lied during his interviews with her because it was in his best interest. "Possibly," Stankowski said. The death penalty phase of the trial will continue on Thursday. Ford's mother is among two witnesses that are expected to testify. The jury will then begin deliberating to decide whether to recommend death, life in prison or life in prison with parole eligibility in 25 or 30 years. (soure: Cleveland.com) ********************* Ohio Supreme Court upholds conviction, death sentence of man who killed Twinsburg police officer The Ohio Supreme Court unanimously upheld Ashford Thompson's aggravated murder conviction for the 2008 slaying of a Twinsburg police officer, but split 4-3 in deciding that the death penalty was appropriate. Thompson's death sentence, according to an entry filed with the high court's 90-page decision, is scheduled to be carried out April 5, 2017. Thompson, who turned 30 while on death row last month, shot Officer Joshua Miktarian 4 times in the head, at close range, after Thompson had been stopped for playing loud music in his car in the early hours of July 13, 2008. In the high court's close decision on the death sentence, Justice William M. O'Neill, who wrote one of the dissenting opinions, called the circumstances surrounding the fatal shooting a "routine traffic stop gone tragically wrong." O'Neill said in his dissent that there were not sufficient aggravating factors to outweigh points of "significant weight" on Thompson's behalf. "The court's conclusion that Thompson shot Miktarian to avoid being detected, apprehended, or punished," O'Neill wrote, "is pure fiction." O'Neill used the trial testimony of Thompson's girlfriend, Danielle Roberson, who was in his car and witnessed the shooting, to challenge the majority opinion that Thompson killed the officer to escape responsibility for his actions. Roberson testified that Miktarian was aggressive toward Thompson, yelled at him from the beginning of their encounter, then "slapped a handcuff on him and threatened to 'let [his] dog out on [Thompson's] ass,'"? only moments after Thompson got out of his car, O'Neill noted. In his dissent, quoting a passage from Thompson's unsworn testimony to the jury, he also noted that the defendant explained "all of this in his mitigation statement." The only reasonable explanation for what happened, O'Neill said, "is that Thompson was confused and frightened and mistakenly concluded that Officer Miktarian planned to attack him - either by releasing the police dog or by shooting him." O'Neill pointed to Thompson's background - as a college graduate, licensed practical nurse with a steady job, church and community involvement and lack of any prior serious offense - as significant in outweighing the aggravating circumstances of his actions. "This case is not in the same category as the premeditated, intentional taking of the life of another," O'Neill concluded. Justices Paul E. Pfeifer and Judith Ann Lanzinger concurred with the dissent against death. Pfeifer ended his brief remarks by saying: "I would sentence Thompson to life without parole." (source: Beacon Journal) KENTUCKY: Caudill could face death penalty; prepares for trial next week 1 Perry County attorney was reprimanded in court on Thursday after the judge said he thought the proceedings in a possible death penalty case were not being taken seriously enough. Billie J. Caudill, 31, of Whick, who is facing charges of DUI 2rd offense, driving on a DUI suspended license, 3 counts of murder, and potential capital punishment, appeared in Perry County Circuit Court Thursday morning. The Herald reported last year that in July 2013, Caudill was behind the wheel of vehicle that crossed the centerline on Highway 15 and collided with another vehicle, leading to the deaths of William Belcher, his wife Lillie, and Caudill's husband Danny Caudill, who was a passenger in her vehicle. Commonwealth's Attorney John Hansen told the Herald last year that test results of samples taken after the crash showed that Caudill was intoxicated at the time on the incident. Earlier this month, Hansen filed a motion to seek the death penalty in the case. With the trial less than a week away, Caudill's attorney, Brent Flowers, spoke about the need for a decision from Judge Bill Engle on the death penalty motion, in a tone of voice that Judge Engle apparently thought implied Flowers' lack of respect for the court. "These are serious charges and I realize that it's at the last minute just before the trial that you got this [death penalty motion] and I realize that's serious I understand that," Engle addressed Flowers, adding that processes would need to be followed and specific paperwork would still need to be filed despite the time constraints. "You can at least respond in a respectful manner to this court." "You don't have to like me, you don't have to respect me or have respect for me, but you need to have respect for this court," Engle said. "Acting that way in my court is not only acting disrespectfully, but I think it's acting somewhat childish." Caudill's trial is still set for Nov. 3. (source: Hazard Herald) From rhalperi at smu.edu Thu Oct 30 14:38:39 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 30 Oct 2014 14:38:39 -0500 Subject: [Deathpenalty] death penalty news----MO., ARIZ., USA Message-ID: Oct. 30 MISSOURI----new execution date (on Human Rights Day) Execution set for St. Louis County man who killed woman with hammer The Missouri Supreme Court on Thursday morning set a December execution date for Paul Goodwin, who sexually assaulted and fatally beat a former neighbor in north St. Louis County in 1998. Goodwin, 47, is scheduled to die by lethal injection on Dec. 10. He was convicted of killing Joan Crotts, 63. He sexually assaulted her, then threw her down a flight of stairs and beat her with a hammer. Goodwin had previously lived next door to Crotts and had confrontations with her. He was subsequently evicted, and prosecutors suggested revenge as his motive for murdering her 18 months later. Goodwin's fingerprints were at the scene. He confessed. And the victim's blood was on his clothes. His attorney put on an insanity defense, with a psychologist testifying that Goodwin suffered from depression and post-traumatic stress disorder. But a prosecution psychiatrist said Goodwin knew what he was doing and was not mentally ill. A 3rd mental health expert testified in the punishment phase that Goodwin's mental state was impaired when he killed Crotts. His attorney also argued Goodwin had an intelligence level near the range of mentally retarded. The Missouri Supreme Court upheld the death sentence in 2006, saying he was intelligent enough to die for his crime. Crotts had lived alone in a home next to a boarding house in St. Louis County. Goodwin moved into the boarding house in the summer of 1996, and he often would harass Crotts with vulgar insults and threw chicken bones and beer cans into her yard, according to a court summary of the case. When he was kicked out of the boardinghouse, he blamed her. The murder happened about 18 months later. On March 1, 1998, Crotts was attacked at her home in the 2700 block of Lyndhurst Avenue in north St. Louis County. Goodwin, of the 3000 block of Lambdin Lane, entered her home through a back door. Authorities at trial said he hid in her basement in the night and attacked her the next morning in the kitchen. He tried to force her to perform oral sex and tried to rape her, authorities said. He shoved Crotts down the basement stairs. The fall broke several of Crotts' bones and caused severe head trauma. Goodwin then followed her downstairs, found a hammer and hit her several times. He then left her lying at the bottom of the stairs. Family members found her that afternoon. From her hospital bed, she told police what had happened to her. She died later in surgery. The state of Missouri has already executed 8 men this year. Earlier this week, the state was scheduled to carry out the year's 9th execution, but it was put on hold indefinitely as the U.S. Supreme Court decides whether to review the case. The convict in that case is Mark Christeson, 35, who killed Susan Brouk, her 12-year-old daughter and her 9-year-old son in Maries County in 1998. Their bodies were found in a pond near their rural Vichy home. Christeson still could be executed if the justices decide not to hear his appeal. His appeal claims that his attorneys were ineffective and missed a deadline by almost four months for a 2005 appeal with a federal court. On Tuesday, just hours before Christeson was to be executed, the U.S. Supreme Court issued a stay of execution. The stay remains in place until the court decides whether another review is needed. Before the stay in the Christeson case, the state of Missouri already had another execution lined up. A Jackson County man, Leon Taylor, is scheduled to die by lethal injection on Nov. 19. Because Christeson's execution was put on hold, Taylor could then become the 9th person to be executed in Missouri this year. Taylor, 56, was convicted in the 1994 killing of Robert Newton, a gas station attendant in Independence. (source: St. Louis Today) ARIZONA: Jodi Arias Trial Update News 2014: Jurors Presented With Sex Tape in Death Penalty Trial During the 5th day of the Jodi Arias sentencing retrial, Arias' defense team presented the jury with sexually explicit evidence of the convicted boyfriend killer's sex life with the victim, Travis Alexander, before he was murdered. Arias, 34, was convicted of the 1st-degree murder of her ex-boyfriend Travis Alexander in May 2013. According to medical examiners, Arias stabbed him 27 times, primarily in the back, torso and heart in his Phoenix home in 2008. She also slit Alexander's throat from ear to ear, nearly decapitating him, and shot him in the face before she dragged his bloodied corpse to the shower. However, the jurors failed to reach a unanimous decision on her sentencing. As a result, the retrial will determine whether she should be sentenced to death, life in prison or life with a chance of release after serving 25 years. On Tuesday, Arias' defense attorneys presented the jury with graphic testimony that included pornographic photos that they took of one another, explicit text messages and racy phone conversations. At one point, the defense played a 40 minute phone sex conversation that the lovers shared recorded on Arias' phone, reports USA Today. During the kinky recording, Alexander talked about raping her and tying her to a tree and they both made moaning sounds as if they were having an orgasm. "The highlight of today was the sex tape between Travis Alexander and Jodi Arias. It's very X-rated," said courtroom blogger Jen Wood to Phoenix TV Station KTVK. "The jury did a really good job of sitting there, pretty stone-faced, either looking down or looking straight ahead while they had to listen to a very salacious conversation," added Wood. According to Wood, Arias' defense attorney likely played the tape in hopes of countering the prosecution's claim that Alexander was afraid of Arias. "I think his goal was to show that Travis was very sexual, that he was very into it," she said. The defense attorneys will begin to present evidence to the jury when the trial resumes Thursday in effort to persuade them to sentence her to life in prison, rather than capital punishment. (source: Latin Post) ************************** Arizona Death Penalty Still in Limbo After Botched Execution After it took 2 hours and 15 doses of lethal-injection drugs for the state to execute convicted murderer Joseph Wood in July, the state's death penalty procedure is still in limbo. A lawsuit in federal court, filed by both current death-row prisoners and a legal group representing media organizations, challenges various aspects of the state's lethal-injection protocol. At a status conference today, Judge Neil Wake suggested there may be no way right now for the state to execute anyone. As Wake put it, "There seems to be a great deal of uncertainty, to put it in a great understatement." When the state executed Wood in July, it was using a new combination of drugs, due to a shortage of the usual lethal drugs. Federal public defender Dale Baich, who represented Wood, has referred to the execution as "an experiment that failed." Reporters who witnessed the execution described Wood gasping for air hundreds of times, although Arizona Department of Corrections Director Charles Ryan says Wood was unconscious the entire time and never in pain. However, as Wood failed to die, his attorneys attempted to get a judge to halt the execution. Wood's condition continued to deteriorate as attorneys were on the phone with the federal judge, and Wood eventually died before the judge made his ruling to let the execution continue. It wasn't revealed to Baich until later that it had taken 15 doses to kill Wood, and Baich insists that his reading of the execution protocol says that only one additional dose is permitted. Governor Jan Brewer ordered an independent investigation into the execution, and an assistant Arizona attorney general said today that the report is due in mid-November. The lethal injection policy could change based on that report, but the assistant AG conceded that no executions will be scheduled until the investigative process is complete. Although the state has more of the drugs used to kill Wood, Wake found it hard to believe that the state would attempt that type of execution again. Thus, Wake suggested the state doesn't have a way to execute anyone, even if it wanted to. Wake voiced reservations about this lawsuit moving forward, but attorneys for the various plaintiffs in the case explained they all have something at stake here, even though there's no imminent execution. The First Amendment Coalition of Arizona, representing media organizations, is seeking the release of information related to the state's executions, while the prisoners want a court-ordered ban on Arizona using its current lethal-injection protocol, among other things. "Arizona's improvised and unprecedented 2-hour execution of Joseph Wood has laid bare fundamental flaws in Arizona's attempts to implement its lethal injection statute," the complaint states (See the full complaint embedded below.) "Without significant changes, ordered and supervised by this Court, Defendants will continue to abuse its discretion and violate the Constitution, with a substantial risk of imposing more experiments in human execution with similarly ghastly results, and of doing so without outside public knowledge or meaningful media scrutiny." (source: Phoenix New Times) USA: US Supreme Court late night rulings on death row fates In an 11th-hour reprieve, the US Supreme Court put a murderer's execution on hold this week, a rare moment when a defense was able to slow, if only temporarily, the inexorable wheels of justice. Hundreds of miles from the grim cell blocks of America's death row prisons, the lofty halls of the Washington court conceal a small but efficient bureaucracy of execution. The court's 9 justices are regularly called upon to make last-ditch life or death decisions, supported by a discreet body of clerks in touch with cases ongoing in states around the country. Danny Bickell is the court's "emergency application clerk" - informally known as the "death clerk" - and handles all Supreme Court business relating to individual executions. He operates confidentially and does not give interviews but is known to keep tabs on capital cases and to remain in constant touch with defense teams representing death row inmates. If a last minute appeal is lodged, it is Bickell who is charged with knowing exactly where the 9 justices are at any given time, so that, if necessary, they can order a stay in execution. This is what happened late Tuesday, when lawyers for Mark Christeson, due to be executed at midnight for the murder of a mother and her 2 children, got in touch. 2 hours before the condemned man was to breathe his last, the judges ordered his execution be postponed, pending a ruling on whether he had received an appropriate defense. Death penalty lawyer Rob Owen, a professor of law at Northwestern University, told AFP that defense teams do not try to surprise Bickell or the Court on the eve of an execution. "His role is to have a complete picture of what`s happening, to find out what litigation is going on in the lower courts," he said. "When it arrives at their door step, I want them to already know," he said.Each of the nine Supreme Court judges has a geographic zone, and his or her office examines any last minute death penalty appeal that originates in a state from this "circuit." "For each execution, one of the clerks in the relevant circuit was in charge of coordinating the execution," said Jay Wexler, who served as a clerk to Justice Ruth Bader Ginsburg from 1998 to 1999. The clerks would deal with huge case files, often at home late at night, then call the relevant judge on a secure line. The judge could then decide whether to mobilize the court. "I would say 99.9 % of the time the circuit justice is going to refer the application to the full court, and all 9 justices are going to act," Bickell told lawyers in 2012, according to the New York Times. William Jay, who clerked for Justice Antonin Scalia on the circuit that includes Texas, the state with the most executions, said the justices usually act quickly and as a body. "Often the inmate is in the execution chamber, and someone is waiting for a phone call, usually the death clerk to the lawyer of the state," he said. "The state has the power to proceed if it hasn`t been ordered to stop," he explained, adding that in only very few cases do the judges order a stay of execution."You knew when the execution was scheduled," said Wexler, and as it got closer, "you knew they would increase the frequency of litigations." Jay said these last minute applications could backfire on a defendant: "After three denied petitions, the State might understandably assume it is a tactic to delay." But defense lawyer Owen said: "I will plead guilty to the charge that I do everything to save my client's life, that's my duty. "Some people think that's tactical, but if you're filing at the last minute, you are gambling, you have almost no chance to win. "It is not to our advantage to surprise the Supreme Court at the eve of an execution."According to the Death Penalty Information Center, a non-profit watchdog, the court might approve three applications for stays each year, out of around a thousand presented. A very serious complaint, such as of police corruption, defense incompetence or doubts about the legality of the cocktail of drugs in a lethal injection, can delay an execution - but not often. "It's a very lonely, very long and difficult night," admitted Wexler. Some judges are more likely to grant a stay than others. Liberal justice Elena Kagan always calls for a delay, while Scalia has done so in only 4 % of cases, according to Bickell in the Times. 5 of 9 judges must vote for a stay for it to pass. "Most of the time it's bad news," said defense attorney Brian Kammer, whose client Troy Davis was executed on September 21, 2011 in Georgia. "Giving my clients that news is very difficult, heartbreaking." (source: Zee News) From rhalperi at smu.edu Thu Oct 30 14:40:02 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 30 Oct 2014 14:40:02 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 30 AUSTRALIA: Dilemma of being left at death's door With Susilo Bambang Yudhoyono's last days in office passing without an act of presidential clemency, 2 of Australia's "Bali 9" convicted drug smugglers, Andrew Chan and Myuran Sukumaran, remain on death row in Indonesia. They are liable to be taken out in the early hours any day to be shot by firing squad. But even if the new president, Joko Widodo, commutes their sentences, Australia and New Zealand seem likely to remain quite isolated in our region in calling for abolition of the death penalty. So how should this sometimes forlorn argument be carried forward? Frontal attacks on the "barbarity" of capital punishment only harden attitudes in foreign governments, if the Barlow and Chambers case in Malaysia (1986) and the Nguyen Tuong Van case in Singapore (2005) are a guide. By contrast, about 35 Australians have faced court in Vietnam since 2001 for serious drug offences and 6 got the death penalty, as the Asian Law Centre's Professor Pip Nicholson told a recent forum held in Melbourne by the anti-capital punishment group Reprieve Australia. All 6 received presidential clemency. Why did these cases not become a public cause in Australia? Professor Nicholson thinks it's partly due to the absence of Australian media in Vietnam, the closed nature of many trials, and language difficulties. More critically, Vietnam's leaders were given space. "Those who have been involved in assisting with the defence or working with local lawyers in Vietnam on these cases are anxious to let the clemency process run its course without necessarily seeing that upset by the intrusion of a counter narrative from a Western media source about the inappropriateness of the death penalty," Prof Nicholson said. "It is very helpful to run a moral narrative about a defendant facing serious charges in the local press," she added. "So, for example, if your defendant has been coerced or manipulated into offending, it is good to get that story out there in the Vietnamese press, but it is unhelpful to have Western media or foreign media 'sandwiching' the leadership which is minded to consider seriously clemency applications from a range of governments." Lex Lasry, now a judge in the Victorian Supreme Court, acted for Nguyen Tuong Van in 2005. "The reality is, looking back at it, I think Van Nguyen was dead from the time he was arrested," he told the Reprieve gathering. But there were lessons to be learnt for future cases. "The most counter-productive thing you can do is be insulting," Judge Lasry said. "It really ill behoves Australians to be too insulting about countries that have the death penalty because, after all, until the 1970s we had a mandatory death penalty too." Another lesson was that there was the start of a debate in Asia which Australia could join. Several countries have already shifted position. Notably, the Philippines abandoned capital punishment in 2006. Although they retain the penalty in their laws, South Korea has not carried out an execution since 1997, Thailand since 2009. Rather oddly, Myanmar has not carried out a judicial execution since the 1980s, Sri Lanka since 1976; although extra-judicial killings have been rife in both countries. Perhaps as a delayed effect of its embarrassment in 2005, Singapore modified its law 2 years ago to give judges discretion not to apply the death penalty in cases like Nguyen's. Indonesia, too, is in a bind. It has nearly 200 citizens facing the death penalty in Saudi Arabia and Malaysia mostly, many of them female domestic workers who struck out against abusive employers. "The double standard is they defend Indonesian citizens against the death penalty overseas, but at the same time in Indonesia they apply the death penalty," said Todung Mulya Lubis, a leading Jakarta lawyer who tried in 2007 to get capital punishment ruled unconstitutional. China is, of course, the elephant in the debate, almost too big to grapple with. According to the Dui Hua Foundation, which helps political prisoners, China carried out 2400 executions in 2013. This actually represents a "steep decrease" over the last decade or so, says Elisa Nesossi, an expert on the Chinese judicial system at the Australian National University's College of Asia and the Pacific. In 2002, for example, there were an estimated 12,000 executions, and further back in 1983 in a "Strike Hard" campaign against crime, about 20,000 were put to death. The drop came after the chief justice of the Supreme People's Court, Xiao Yang, called in 2005 for a "Kill Fewer, Kill Cautiously" approach. In 2007, the state ordered all death sentences to be referred to the apex court by lower courts. "The number of reviews has increased and a lot of cases are sent back to the provinces for review," Ms Nesossi said. A debate continues with some Chinese legal scholars and non-government groups arguing for a reduction in the number of crimes bringing the death penalty. "But numbers and processes remain opaque," Ms Nesossi said, "with the impact of the current campaigns against corruption and unrest in Xinjiang still unclear." Criminology is part of the debate. Executions have little correlation to the rate of crimes they are supposed to deter. Drug seizures are rising in Singapore. Hong Kong's murder rate has fallen since it stopped hangings in 1966. The possibility of wrong conviction is also too high to allow a penalty that cannot be reversed, especially in judicial systems like that of Japan which place a high value on confessions, and allow police to isolate and pressure suspects into making them. But there's a moral argument that might be hardest to win. In many Asian countries (and the United States), politicians agree with majority public opinion that certain convicts deserve to die. Pointing to a recent opinion poll showing 85 per cent support for the death penalty, Japan's then justice minister, Midori Matsushima, declared last month: "Japan currently has no intent to change its position on this issue." Andrew Horvat, of Tokyo's Josai International University, says this stern morality quickly leads to criminals being judged incorrigible. "After that, it is quite easy to accept the idea that there are people who are so thoroughly evil or selfish that they no longer have the right to live," he said. This also dispatches the idea of redemption, and the lessons it can give. The case of Norio Nagayama, convicted for a series of spree killings, is illustrative. As a recent documentary film showed, psychiatric evidence about the effects of his abandonment as a child by a mother who was herself abused was kept away from the court by prosecutors. In jail, Nagayama became a noted novelist, came to terms with the gravity of his crimes and regularly wrote to the families of his victims, sending them funds from the royalties for his novels. Nonetheless, he was hanged in 1997. (source: Hamish McDonald is Journalist-in-Residence at the Australian National University's College of Asia and the Pacific; Canberra Times) SOUTH KOREA: Soldiers jailed over South Korea bullying death Military conscription is compulsory in South Korea for males who are able bodied between 18-35 A military court in South Korea has given prison sentences ranging from 25 to 45 years to 4 soldiers involved in the death of a junior soldier. Private Yoon Seung-joo, 23, died in April after being beaten and denied food and sleep. Prosecutors had sought the death penalty for a sergeant accused of being the main offender. The case caused anger over the treatment of conscripts and led to the resignation of the army chief of staff. The army said Private Yoon died after being hit in the chest by 6 men while eating a snack. The attack caused a piece of food to obstruct his airway leading to asphyxiation, it said. He was also repeatedly beaten in the month before his death. The judge, quoted by Yonhap news agency, said "no signs of remorse" had been found, as the behaviour of the group became "brutal as time went by, and they even tried to conceal their wrongdoing". 2 others were charged with assault. After the verdict, the victim's relatives reacted angrily to the fact that the most serious verdict of murder was not given to any of those involved. A panel of 3 military judges sentenced the sergeant, thought to have led the attack, surnamed Lee, to 45 years in prison. Another sergeant, surnamed Ha, was given 30 years in prison; 2 corporals received 25 years; a staff sergeant 15 years, and a private was given three months. "It is inevitable to hand them down severe punishments as what they had done constitutes an act similar to homicide," the judge said when delivering the verdict. The case is among a series of incidents that have highlighted problems of bullying in the military in South Korea, which has conscription under which all young men must serve about 2 years. In June, a sergeant who said he had been bullied, turned his weapon on his fellow soldiers at a border outpost near North Korea, killing 5 of them. There have also been a series of suicides in recent months involving young conscripts. (source: BBC News) NIGERIA: Nigerian child bride accused of murder could receive death penalty A 14-year-old Nigerian girl accused of murdering her 35-year-old husband by putting rat poison in his food could face the death penalty, Nigerian prosecutors said today. The trial of Wasila Tasi'u, from a poor northern Nigeria family, has sparked a heated debate on the role of underage marriage in the conservative Muslim region, especially whether an adolescent girl can consent to be a bride. Prosecutors at the High Court in Gezawa, outside Nigeria's second city of Kano, filed an amended complaint that charged Tasi'u with 1 count of murder over the killing of Umar Sani 2 weeks after their April wedding in the village of Unguwar Yansoro. Lead prosecutor Lamido Abba Soron-Dinki said that if convicted, the charge is "punishable with death" and indicated the state would seek the maximum penalty. Nigeria is not known to have executed a juvenile offender since 1997, when the country was ruled by military dictator Sani Abacha, according to Human Rights Watch. Tasi'u entered the court wearing a cream-coloured hijab and was escorted by 2 policemen. Her parents, who have condemned their daughter's alleged act, were in the public gallery - the 1st time the 3 were in the same room since Tasi'u's arrest in April, her legal representatives said. The English-language charge sheet was translated into Hausa for the accused by the court clerk. Tasi'u refused to answer when asked if she understood the charges. The case was adjourned for 30 minutes so the charges could be better explained to the defendant, but when the alleged offences were read again Tasi'u stayed silent, turned her head to the wall and broke down in tears. "The court records (that) she pleads not guilty," Judge Mohammed Yahaya said, apparently regarding her silence as equal to a denial of the charges and adjourned the case until November 26. Activists, including in Nigeria's mainly Christian south, have called for Tasi'u's immediate release, saying she should be rehabilitated as a victim and noting the prospect that she was raped by the man she married. But in the north, Islamic law operates alongside the secular criminal code, a hybrid system that has complicated the question of marital consent. The affected families have denied that Tasi'u was forced into marriage, arguing that girls across the impoverished region marry at 14 and that Tasi'u and Sani followed the traditional system of courtship. According to Nigeria's marriage act, anyone under 21 can marry provided they have parental consent and so evidence of an agreement between Tasi'u and her father Tasiu Mohammed could undermine claims of a forced union. But defence lawyer Hussaina Aliyu has insisted the case is not a debate about the role of youth marriage in a Muslim society. Instead, she has argued that under criminal law a 14-year-old cannot be charged with murder in a high court and has demanded that the case be moved to the juvenile system. Nigeria defines the age of adulthood as 17 but the situation is less clear in the 12 northern states under Islamic law, where courts theoretically have the right to consider people under 17 as legally responsible. Guidelines for how courts should blend Islamic and secular legal codes have not been well defined. (source: 9news.com) VIETNAM: Philippine woman's death sentence scrapped in Vietnam, fresh investigation underway Vietnam's Supreme People's Court ordered a fresh investigation on Wednesday into the conviction of a Philippine woman who was sentenced to death for smuggling 1.5 kilograms of cocaine into the country. Following her appeals trial held in Ho Chi Minh City, the court annulled the death sentence handed down to Dona Buenagua Mazon, 39, by the HCMC People's Court during her 1st trial on August 13, news website VnExpress reported. The new investigation will be conducted to determine the exact amount of cocaine that Mazon brought into Vietnam. According to the indictment handed down by the HCMC People's Court, Mazon was arrested at Tan Son Nhat International Airport at 7:30pm on December 31, 2013 shortly after she arrived. Vietnamese customs officers found 2 plastic bags containing 1.5 kilograms of cocaine hidden in her hand bag. Mazon told police she had been hired by an African man known only as Rudica to transport drugs. In December 2013, Rudica paid her US$1,500 and asked her to enter Vietnam. He then bought her a plane ticket to Brazil, where she received a bag from Rudica's accomplices which she then took to HCMC where customs officials placed her under arrest. Vietnam has some of the world's toughest drug laws. Those convicted of smuggling more than 600 grams of heroin or more than 2.5 kilograms of methamphetamine face the death penalty. The production or sale of 100 grams of heroin or 300 grams of other illegal narcotics are also punishable by death. (source: Thanh Nien News) SAUDI ARABIA: Saudi Arabia and its merciless judges----60 people have been executed in Saudi Arabia since the start of 2014. Even religion-related crimes can carry the death penalty, because the kingdom sees itself as the protector of Sunni Islam. The punishment was harsh, but for some it wasn't harsh enough. Writing on his website "Free Saudi Liberals," Raif Badawi had criticized leading Saudi scholars and the role of Islam in public life in Saudi Arabia. The judge called that "offending faith," and went on to accuse Badawi of ridiculing Islamic dignitaries and crossing "the boundaries of obedience." Later, a charge of apostasy was also added to the list, which carries the death penalty in Saudi Arabia. In July 2013, the sentence was passed - 600 lashes and 7 years in jail. Badawi appealed, and in May this year the judge announced a new sentence: 1,000 lashes and 10 years in jail, plus a fine equal to 195,000 euros ($250,000). Badawi was sentenced to 1,000 lashes and 10 years in jail Badawi's fate is no isolated case. In Saudi Arabia, human rights activists and critics of the establishment are regularly sentenced to draconian punishments. In July this year, one court sentenced the activist Walid Abu al-Khair to 15 years in jail. According to an Amnesty International report, the judge found him guilty of "disobedience to the ruler," "attempted questioning of the legitimacy of the king," "damaging the reputation of the state by communicating with international organizations," and the "preparation, possession, and passing on of information that endangered public order." Al-Khair is also a human rights activist who earns a living as a lawyer, and one of his most prominent clients is Raif Badawi. Flexible law In his ruling, al-Khair's judge also made use of a new anti-terrorism law, even though that was not in force when al-Khair was charged. The law, which came into force in February 2014, was meant to give the state a weapon against "terrorist crimes," a catch-all term that the legislature used to encapsulate the following crimes: attempts to "disturb public peace," to "destabilize the security of the population of the state," to "threaten national unity," or to "damage the reputation or the image of the state." The Saudi judges are now basing a number of their rulings on these flexible terms. In the last 2 years in particular, several Saudi human rights activists and bloggers have been sentenced to long jail terms, which has led to a severe limitation of press freedom in the country. Saudi Arabia currently occupies number 164 out of 180 countries in the press freedom index published by Reporters Without Borders. Meanwhile, the country is close to the top of the table when it comes to capital punishment. According to Amnesty, at least 79 people were executed in the country in 2013, and 60 in 2014 so far. Blasphemy The death penalty is mainly imposed for murder and drug-dealing, but it can also be imposed for "crimes against religion." The Shia cleric Nimr Bakir al-Nimr was sentenced to death in mid-October for allegedly stirring up violence between faiths and organizing protests, as well as disobedience to the king. Saudi Arabia sees itself as the protector of Islam's holy sites The conviction sent out a signal, according to Menno Preuschaft, Islamic studies professor at the University of M???nster in Germany. "It demonstrated that they are not willing to tolerate any formof, or tendencies toward, revolution or transition," he told DW. Preuschaft said it was not surprising that so many rulings are based on religious laws. The ruling family in Saudi Arabia draws its political legitimacy from its role protecting Islam and its holy sites. That role justifies its theological leadership position within Sunni Islam both nationally and internationally. "From the monarchy's point of view, any criticism of religion is a criticism of its own leadership," said Preuschaft. "That's also how it defends its own monopoly on power." Diplomatic challenge The disastrous human rights situation in Saudi Arabia represents a diplomatic challenge for German foreign policy. Saudi Arabia is an important international player, both strategically and economically, explains parliamentarian Ralf Mutzenich, who sits on committees on both foreign policy and human rights in the German Bundestag. That leads to strains in the relationship, because of the human rights situation and the death penalties. "Of course, it raises difficult questions," said Mutzenich. "But we can't ignore those. We have to address them openly." (source: Deutsche Welle) IRAN----executions 5 executions at Uromiyeh Central Prison During the last 3 days 5 prisoners were hanged at Uromiyeh Central Prison (Darya). According to the report of Human Rights Activists News Agency (HRANA), at the early hours of this morning (Wednesday 29 October, 2014) a death row prisoner who was charged with murder and was suffering from serious mental and psychological disorder was hanged at Uromiyeh Central Prison area. This Prioner who was named "Ibrahim Chopani" was a local from Yousofkand village located at 3 kilometres from Mahabad city. A well informed source told HRANA Reporter: "Ibrahim Chopani committed homicide in a Tribal brawl. He was carrying a red card and was absolutely insane." Also at the early hours of Monday 27 October, 2014, 4 other prisoners were hanged at Uromiyeh Central Prison. These prisoners who were named "Latif Mohammadi", "Salah-o-din Molaee", "Mahmoud Hassan Pour" and "Rashid Alizadeh" were hanged on Narcotics related charges. (source: Human Rights Activists News Agency) ************************ EU Appeals To Iran To Halt All Executions The European Union expressed its deepest regret over the execution of the young Iranian woman Rehanna Jabbari and sent its "deepest condolences to Jabbari's family especially her mother". The EU called on Iran to suspend all executions. The EU's statement went on to explain that Rehanna Jabbari killed Dr Morteza Serbandi (aged 26) after he tried to rape her and expressed its growing sense of concern of the general direction of court trials in Iran. Catherine Ashton, the EU High Representative of the Union of Foreign Affairs and Security Policy, said in a press statement released on Tuesday, "The European Union deeply regrets the Iranian Judiciary's lack of forgiveness in their trial process despite Ms Jabbari???s insistence that she was merely defending herself in the wake of a sexual assault". The statement went on to express the EU's, "Sense of concern over the increasing number of executions in Iran despite criticism from the international community and the debate as to whether or not execution is a fair punishment to begin with". The statement also, "Calls on the Iranian authorities to suspend all executions and to consider banning the death penalty". The US Department of State also condemned the Iranian authorities' decision to use the death penalty in Rehanna Jabbari's case. The EU's statement went on to explain that Rehanna Jabbari killed Dr Morteza Serbandi (aged 26) after he tried to rape her and expressed its growing sense of concern of the general direction of court trials in Iran. The US Department of State emphasised that the Iranian judiciary carried out the death penalty against Ms Jabbari despite the international community's objection to the ruling, as they question whether or not Iran was carrying out a fair trial. The Iranian Revolutionary Court sentenced Ms Jabbari to death a few days ago after she had been held captive in prison for killing Iranian doctor and former Iranian intelligence employee, Moerteza Serbandi 7 years ago. Rehanna Jabbari admitted to her crime by saying that she did kill Serbandi out of self-defence after he tried to rape her. The court ruled Serbandi's murder as a pre-meditated attack based on an email found in Jabbari's inbox where she wrote, "I will kill him tomorrow", in reference to the doctor. The scene of the crime was allegedly open to the public. It is important to note that Jabbari's case sparked an international outcry from both women's rights and international human rights organisations. (source: Middle East Monitor) From rhalperi at smu.edu Thu Oct 30 14:40:51 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 30 Oct 2014 14:40:51 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 30 YEMEN: Yemen launches 1st conference on anti-juvenile death penalty The 1st national anti-juvenile death penalty conference kicked off Wednesday in Yemen's capital city of Sanaa. The 2-day conference was organized by the coordinator committee of non-governmental organizations in collaboration with the UNICEF and the European Union. Participants including Yemeni and UN officials stressed the importance that the authorities and childhood organizations work as a team to protect child rights and address all child issues. Chief coordinator at the coordinator committee for non-governmental organizations, Abdu Al-Harazi, said Yemen should have more forensic experts including those whose job is to check child age in order to prepare accurate reports to avoid execution of juveniles. He urged the House of Representatives to finalize debate over all laws that concern juveniles. In this context, Abdulmalik Al-Wazeer, head of the Sharia legislation committee at the house. at the House, said the juvenile punishment law which is currently discussed by the House addresses all child and juvenile issues. Secretary General of the High Maternity and Childhood Council Mrs. Lamyaa Al-Eryani called for having child protection laws. The representatives of the office of UN High Commissioner for Human Rights and UNICEF delivered speeches in which they urged a reconsideration into Yemeni laws in order in include child rights in them. At the event, 3 papers were delivered on juvenile execution, Yemeni experience in this field, inhumane punishments and anti-juvenile punishment efforts. (source: Yemen Post) CHINA: Retrial may start for man wrongly executed for murder, rape A court in China's Inner Mongolia may start a retrial for a 19 year-old man who was wrongly executed 18 years ago for murder and rape, according to newspaper Fazhi Wanbao. In 1996, Qosiletu, a young Mongolian Chinese man, was arrested after reporting to police in Hohhot that he had found a dead body in a public toilet. The police questioned why he was in a woman's toilet to discover a corpse and soon charged him with her rape and murder. Qosiletu was reported to have told the court that he was drunk at the time and had ended up in the woman's toilet by mistake. Yet his defence was in vain, and he received the death penalty 2 months later. It took the police 10 years to realise that Qosiletu was wronged. In 2006, they arrested a serial killer and rapist who confessed to murdering a woman in a Hohhot a toilet in 1996 - and gave details of the crime scene that proved him to be the real culprit. Chinese media reports showed that Qosiletu was arrested amid a nationwide crackdown on crime launched by the government. The guiding principal behind the campaign was to solve criminal cases quickly and punish offenders severely. Thus police involved in Qovsiletu's case did not conduct a thorough investigation and instead rushed to a conclusion. Qosiletu's family spent years petitioning for their son after the truth came to light, but there has been no formal response from the local government so far. Qosiletu is 1 of many such cases where innocent people have been executed for crimes they did not commit. Another notable case was that of Nie Shubin, a young man from Hebei, who was sentenced to death for the murder and rape a year earlier than Qovsiletu. Despite a man named Wang Shujin admitting to be the real perpetrator in 2005, Hebei's supreme court still upheld their original verdict last year, as it considered Wang's testimony not consistent with findings at the crime scene. Following a number of well-publicised, wrongful convictions, China's Supreme Court starteted to review capital cases before sentences were carried out in 2007. Judges and scholars close to the Supreme Court say capital punishments have probabaly been reduced "by more than 1/3" since then, as the Supreme Court is now more inclined to deal with death sentences by offering reprieves, and demanding "clear facts" and "abundant evidence" for capital punishments, according to a recent report by the Southern Weekly. In June, China's Supreme Court overturned the death sentence of a woman who killed and cooked her husband after suffering years of domestic abuse. The total number of death penalty cases in China is classified as a state secret. San Francisco-based human rights group Dui Hua Foundation estimates that China executed around 2,400 people last year, based on published sentences. (source: South China Morning Post) ********************** Disgraced PLA Lt Gen Gu Junshan could face death penalty Former People's Liberation Army lieutenant general Gu Junshan could be facing the death penalty, reports our Chinese-language sister paper Want Daily. Political analysts say that Gu, 58, could soon be facing a trial after military prosecutors completed their graft probe into his mentor, ex-PLA general Xu Caihou, who has reportedly confessed to accepting "extremely large" bribes in return for favors and promotions. The case is now being turned over the judicial authorities, according to China's official Xinhua news agency. Xu's case appears to have been expedited given that he was only placed under investigation in March this year and expelled from the Communist Party in late June. By contrast, Gu, whom Xu supported through his rise through the PLA ranks, was removed from his post in early 2012 but was not formally charged with embezzlement, bribery, misuse of state funds and abuse of power until March 31 this year. Prosecutors have revealed that Xu, 71, has been under treatment for bladder cancer since last February. Analysts say if Xu is healthy enough, he will likely receive either life imprisonment or a suspended death sentence, typically commuted to a life sentence after 2 years. As for Gu, the general consensus appears to be that the party will come down hard and that he could very well be sentenced to death. On Tuesday, less than a week after the "rule of law" themed 4th plenum of 18th Central Committee, the party released a new document signaling plans to step up supervision of the military. The party said it would be laying out stricter supervision of the country's armed forces and pledged to reform its system of military discipline as part of broader efforts to fight corruption in its ranks. The document said a system of legal advisers would be established and inserted at all levels of the armed forces to advise on important decisions, though few other concrete reform measures were mentioned. (source: Want China Times) QATAR: Human trafficking? American couple in Qatar faces execution over adopted child's death An American-Asian couple faces a death penalty sentence after a Qatari court alleged they were engaged in human trafficking when their adopted daughter died. Matt and Grace Huang are scheduled to go to appeals court on November 30 to face a possible death sentence in a case that charges them with murdering their own adopted daughter in order to traffic her organs. The US government has tried to intervene but the Huangs remain under house arrest. They are not allowed to leave Qatar. With the death penalty on the table, the Huangs believe the US government must act before their sentencing date. "We want them to get us home before the 30th. On the 30th, we do not know what this court will do," Grace Huang told Katie Couric in an interview for Yahoo Global News. The Huangs - originally from Los Angeles - moved to Qatar in 2012, when Matt, a Stanford trained engineer, was asked by his employer to oversee a major infrastructure project related to the 2022 World Cup, which will be hosted in Qatar. The Qatari police suspected foul play, arrested the couple, and put their other children - 2 boys - in an orphanage. The Huangs were subsequently charged with murdering Gloria and were told the motive was to harvest her organs or to conduct medical experiments on her, according to the California Innocence Project, which is assisting them in their case. Gloria did have an eating disorder as a result of her childhood in Ghana, the Huangs said. They added that she would on occasion go for days without food, sometimes binging on junk food, rummaging through garbage, or stealing food and hiding it in her room. The defense argued that Grace has struggled with a variety of medical and psychological problems since she was adopted from Ghana at the age of 4. The judge was not swayed. The Huangs spent a year in jail, going to court multiple times for hearings, and were eventually sentenced to 3 years in prison for undeclared reasons. The court did not find them guilty or not guilty of murder, or any other crimes for that matter. "We have just been wrongfully convicted, and we feel as if we are being kidnapped by the Qatar judicial system," Matt Huang told reporters after the judge's decision. (source: RT news) GLOBAL: UN Human Rights: Death penalty: Keep momentum on abolition The UN Human Rights Committee is calling on States to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. The use of capital punishment has declined significantly in the 25 years since the Second Optional Protocol was adopted. The Human Rights Committee, which monitors implementation of the Covenant, welcomes this progress but urges all States not merely to halt executions but to actively commit to abolishing this affront to human dignity and the right to life. "On the 25th anniversary* of the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), aiming at the abolition of the death penalty, the Human Rights Committee, guardian of this treaty, continues to press for abolition. Since the adoption of the Second Optional Protocol, progress towards the prohibition of executions has accelerated significantly. 81 States have ratified the Optional Protocol, while another 79 States have either abolished the death penalty, or do not practise it. The Committee recognises this international trend towards abolition and welcomes the ratifications this year by El Salvador, Gabon and Poland. Even as early as 1982, the Committee was of the view that, "all measures of abolition should be considered as progress in the enjoyment of the right to life"**. While the right to life article of the Covenant (article 6) does allow for the death penalty in certain very restricted cases, the Committee's experience demonstrates that it is extremely rare for any case to comply with the strict provisions of this article. In fact, most death penalty cases have also involved violations of other provisions of the Covenant, notably those relating to due process guarantees as well as torture, cruel, inhuman or degrading treatment or punishment. This issue is not, as some States persist in asserting, merely one of domestic criminal policy, but goes to the heart of the most fundamental human right: the right to life. That is why the world's abolitionist treaty obligation is contained in a protocol to a human rights treaty. In its dialogues with States this year, the Committee has continued to encourage abolition and has systematically referred to the 25th anniversary in its Concluding Observations, while encouraging States to ratify the Second Optional Protocol. This includes States which have retained the death penalty in law but have a moratorium on the death penalty or are no longer carrying out executions in practice. Some such States were reviewed by the Committee at its latest session, and one committed to ratifying the Second Optional Protocol soon. It is important that even States which no longer carry out executions ratify the Second Optional Protocol. This is because the treaty obligation would prevent them from easily restoring the death penalty in the future. It would require a State to withdraw from the Protocol before any reinstatement. Ratification helps it resist any public clamour for a return to this horrific practice. The Human Rights Committee supports the aim for universal ratification of the Second Optional Protocol and encourages all relevant States to act upon the steady momentum towards abolition. In this context, the Committee decided at this session to adopt its next General Comment on the right to life (article 6)." (source: Scoop News) From rhalperi at smu.edu Thu Oct 30 14:41:40 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 30 Oct 2014 14:41:40 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 30 SRI LANKA: Sri Lanka court awards death penalty to 5 Indian fishermen 5 Indian fishermen, who were arrested by Sri Lankan navy in 2011, have been given the death sentence on Thursday. The Tamil fishermen have been given until November 14 to appeal before the Sri Lankan Supreme Court. The 5 fishermen from Rameshwaram set out to sea from Pamban on November 28, 2011. A few hours after they crossed the International Maritime Boundary Line to fish in Sri Lankan waters, they were picked up by the Sri Lankan Navy. Instead of following the established convention in such cases - as both India and Sri Lanka have been doing in the recent past - the Sri Lankan authorities charged them with smuggling narcotic drugs into the country. In Sri Lanka, drug use is rampant, and the government has stringent punishment for the offense. More than 40 Indians are in Sri Lankan jails for trying to smuggle in drugs, and some have already completed over 15 years in prison. (source: Saharasamay.com) PAKISTAN: Death row Scot in Pakistan was shot by radicalised prison guard The Foreign Office has spoken of continuing concerns over the safety of a Scot shot on death row in Pakistan, as an investigation indicates he was attacked by a prison guard who was radicalised by an inmate. Lawyers acting for Mohammad Asghar have called on Prime Minister David Cameron to act now to bring him home after reports of the official investigation into the shooting appeared in the Pakistani media. Mr Asghar, from Edinburgh, was sentenced to death in January after being convicted of blasphemy for claiming to be a prophet of Islam. The 70-year-old, who is said to suffer from paranoid schizophrenia, was shot and injured in Adiala prison in Rawalpindi last month. Aamer Anwar, the family's solicitor, said repeated demands by the British Government and the British High Commission for the findings of the official inquiry into the shooting have been unsuccessful. But reports in Pakistan indicate that the prison guard who shot Mr Asghar was incited to do so by Mumtaz Qadri, a policeman facing the death penalty for murdering Punjab governor Salmaan Taseer. "The accused (the prison guard) was deployed outside the cell of Mumtaz Qadri during the incident and he had confessed to taking religious lessons from him," a jail official said. The official's account of events was reportedly supported by three other prisoners, who said guards regularly took religious instruction from Qadri. A Foreign Office spokesman said: "We are deeply concerned about the case of Mr Asghar, who was shot while on detention in prison in Pakistan. Consular officials continue to monitor his situation and are liaising with the hospital and prison authorities. "We continue to work closely with the Pakistani government on this case. We have raised at the highest levels our desire that Mr Asghar's personal security is safeguarded, and that he is able to access the vital treatment that his medical condition requires, and that there is an urgent investigation into what happened. "We have previously raised our concerns about his wider case, including through the former Foreign Secretary, and will continue to do so. "It is crucial that concerns about Mr Asghar's safety and mental health are addressed and also taken into consideration during his appeal, and that his documented history of mental illness is taken into account." Mr Anwar said: "Every minute that Mr Asghar spends in Pakistan jeopardises his life as well as those seeking his release. "The PM must act now and the Foreign and Commonwealth Office needs to stop trying to silence the Asghar family and concentrate on bringing Mr Asghar home." On October 17 Mr Asghar's daughter, Jasmine Rana, travelled from Edinburgh to present a 70,000-signature petition to Downing Street calling for Mr Cameron to intervene in her father's case. It is understood that Mr Cameron has spoken to his counterpart in Pakistan and raised the issue. (source: Herald Scotland) INDIA: Jamiat to seek penalty for officers for trying to frame 6 Muslims Jamiat Ulama-i-Hind is preparing to go to the Supreme Court to seek punishment for officers in Gujarat Police and state administration for attempting to frame 6 Muslim men acquitted by the apex court in May in the Akshardham terror attack case. The Jamiat faction, headed by Maulana Arshad Madani, will also seek compensation for economic losses and personal trauma suffered by the 6 people and their families because of their wrongful imprisonment. 4 of the 6, by the time they were acquitted, had already spent over 10 years in jail. They had been convicted under POTA (and IPC). "We are preparing to approach the Supreme Court requesting that the people who conspired in the case should be punished. This is not a political battle. It is a battle for justice. We do not know who operated behind the scenes, the faceless politicians. But what is clear from the court's observations is that there were police officers and people in the Gujarat administration who actively hatched a plot to frame these people. They should be punished," Madani told The Indian Express. Those acquitted include Adambhai Ajmeri, Abdul Qaiyum and Chand Khan, all of whom were serving a death penalty before the SC verdict. The others were Mohammed Salim Hanif Sheikh, sentenced to life imprisonment, Abdullamiya Yasinmiya, sentenced to 10-year imprisonment and Altaf Malek, who had already served his 5-year term. After being released, all 6 had talked of being tortured to extract confessions. Salim had alleged that police asked him to choose which case he wanted to be charged with - Akshardham, Haren Pandya or Godhra. 'We are all Hindustanis, but not Hindus' Reacting to a statement from RSS chief Mohan Bhagwat that "all Hindustanis are Hindus", Jamiat Ulama-i-Hind president Arshad Madani said: "How can all of us in Hindustan be called Hindus? We practice different faiths and beliefs. We are all Hindustanis but not Hindus. Can I say that all those in Hindustan are Muslims? Even if we agreed with this definition, the rest of the world would laugh at us." On the RSS approach towards Muslims, Madani said: "We think all these moves are adding up to take away the space for Muslims and other minorities in our democratic framework. It's not about iqtedaar (power) but wajood (identity). Our lives are about living as Muslims." (source: Indian Ewpress) BANGLADESH: Death for death designer; Nizami nonchalant as tribunal reads out maximum punishment for Al-Badr crimes He did whatever he could to stop the nation's birth. He led a ruthless militia to massacre unarmed civilians during the 1971 Liberation War. Motiur Rahman Nizami didn't stop there. Towards the end of the war, he, aided by the Pakistan army, unleashed his force, Al-Badr Bahini, to wipe out the brightest sons and daughters of the soil to cripple the soon-to-be independent Bangladesh. The Jamaat-e-Islami ameer, now 71, never repented for the cold-blooded savagery. Instead of being punished for the heinous crimes, he was rehabilitated after 1975. Nizami gained immense political clout and went on to become a minister during the BNP-led government's tenure from 2001 to 2006. 43 years later, justice caught up with him as a special tribunal yesterday sentenced him to hang for the crimes. The tribunal found him to have exercised superior responsibility over his subordinates. "No punishment other than death will be equal to the horrendous crimes for which the accused has been found guilty beyond reasonable doubt," Justice M Enayetur Rahim, chairman of International Crimes Tribunal-1, said in the judgment. "It is well-proved that the accused being the chief of Islami Chhatra Sangha and Al-Badr Bahini whole-heartedly resisted the War of Liberation and also actively participated in the crimes against humanity in 1971. "Justice is to make it sure that the perpetrators have to pay for what they have done. Considering the extreme gravity of offences committed, it is indeed indispensable to deliver justice to the relatives of brutally murdered intellectuals, professionals and unarmed civilians," said the judge. Nizami was found guilty on 8 of the 16 charges brought against him. 4 charges brought him death: he was involved in the killings of intellectuals, murders of 450 civilians and rape in Bausgari and Demra, killings of 52 people in Dhulaura, killings of 10 people and rape of 3 women in Karamja. Nizami was also sentenced to imprisonment for life on the charges of involvement in the killing of Kasim Uddin, and 2 others, and Sohrab Ali in Pabna, torture and killing at Mohammadpur Physical Training Centre and killing of freedom fighters Rumi, Bodi, Jewel and Azad at Old MP Hostel in Dhaka. Rumi is son of Shaheed Janani Jahanara Imam who initiated the movement for war crimes trial in independent Bangladesh. He and his fellow freedom fighters Jewel, Azad, Bodi and Jalal were picked up from different places in Dhaka in August 1971. Pakistan army kept them confined to the Old MP Hostel. Except for Jalal, others were later killed on Nizami's instructions. The tribunal, however, acquitted Nizami of the other 8 charges, as the prosecution failed to prove his involvement in genocide, killing and incitement. "We are of the unanimous view that there would be failure of justice in case capital punishment is not awarded for all the murders forming large scale killing as listed in the four charges as the same indubitably trembles the collective conscience of mankind," the chief of the 3-member tribunal said, pronouncing the verdict in a packed courtroom. With the execution of the death penalty, other sentences will also merge into it. Nizami, who already got a death sentence in the 10-truck arms haul case, was brought to the court premises in a prison van around 9:15am. He was produced before the tribunal at 11:00am. Wearing white Panjabi-paijama, a grey waistcoat and a Jinnah cap, Nizami remained calm throughout the 1 1/2-hour court proceedings. Minutes after getting in the dock, he took off his tupi, kept it on a tray attached to the dock and sat on a chair with his hands crossed on his chest. At the beginning, he was seen mumbling. Later, he sat through the court proceedings - quiet. Most of the time, he kept his eyes closed, leaning back in the chair. He, however, opened his eyes a few times, rubbed his nose and touched his beard. Justice Enayetur made introductory remarks before reading out the summary of the 204-page judgment at 11:05am. Tribunal members Justice Jahangir Hossain and Justice Anwarul Haque read out parts of the summary verdict amid tight security on and around the court premises. Nizami, who became Jamaat ameer in November 2000, was arrested on June 29, 2010 in a lawsuit for hurting religious sentiments. Later, he was shown arrested in a war crimes case. He was given death penalty in the sensational 10-truck arms haul case in January this year. So far, 6 top Jamaat leaders, including Nizami, have been sentenced for committing crimes in 1971. 3 other top Jamaat leaders are being tried in war crimes tribunals set up in 2010 during the tenure of the Awami League-led government. NIZAMI CONTROLLED AL-BADR As president of Jamaat's then student wing Islami Chhatra Sangha (ICS), Nizami was ex-officio chief of Al-Badr Bahini in 1971 and "a civil superior officer in its true sense", said the tribunal. Being the chief of both the ICS (from 1966 to at least September 30, 1971) and Al-Badr, he had a superior-subordinate relationship with Al-Badr members. "It has been proved by both documentary and oral evidence that Al-Badr Bahini was formed by the members of ICS over which the accused [Nizami] had exclusive control but he did not prevent his subordinates from committing atrocities and crimes against humanity during the Liberation War, 1971," it said. "...as such, he was aware of consequence of his act and conduct that substantially encouraged, endorsed, approved, provided moral support to the Al-Badr men in committing the killing of intellectuals," the tribunal said. Nizami's authoritative position in Al-Badr, both as de jure and de facto, is a clear indication that he had "effective control" over the members of Al-Badr, "the action section" of Jamaat. And thus he cannot be relieved from the responsibility of planned crimes committed by Al-Badr men with whom he had a relationship, said the tribunal chairman. Al-Badr was formed in Jamalpur immediately after the Pakistani army had entered the sub-division on April 22, 1971. Towards the end of the war, Al-Badr members picked up noted intellectuals and professionals, who were considered the nation's conscience, from across Dhaka, and killed them. Their bodies were dumped at different places in Rayer Bazar and Mirpur. As a leader, Nizami not only took part in crimes against humanity but also delivered provocative speeches to incite thousands of his followers to commit similar crimes during the Liberation War. Though the tribunal didn't find him guilty of incitement, it took his speeches as an aggravating factor in adjudicating punishment. On the defence's allegations that Nizami was being tried for political reasons, the court said, "We have no hesitation to hold that instant trial of the accused is not being held for political purpose. Rather 'the nation' has been discharging their unfinished task and obligation to millions of martyrs who sacrificed their lives for the Independence of Bangladesh." The verdict was greeted with cheers by Liberation War veterans outside the court and also by the youths who gathered at Shahbagh under the banner of Gonojagoron Mancha. It took about 29 months to complete the proceedings in the war crimes case against Nizami. His defence lawyers denounced the verdict, and said they would appeal against it. "It is the most 'unhappy judgment'. It will not stand at the Appellate Division," said defence counsel Tajul Islam. Following the pronouncement of the verdict, Jamaat-Shibir activists clashed with Awami League men and police in several districts, including Sylhet, Chapainawabganj and Rajshahi. Expressing satisfaction, Law Minister Anisul Huq said the government would take necessary legal steps to have the appeal hearing completed quickly. "I am satisfied with the verdict, and the government is also pleased with it," the minister told reporters at his Gulshan residence in the capital. According to the law, a war crimes convict can file appeal with the Supreme Court within 30 days from the date of the verdict's pronouncement. Nizami was taken to Dhaka Central Jail from the tribunal. He was later shifted to Kashimpur High Security Jail around 9:30pm. ********************** Quasem verdict Sunday----SC judgment on Kamaruzzaman's war crimes appeal likely next week The International Crimes Tribunal-2 yesterday fixed Sunday for delivering judgment in the war crimes case against Jamaat-e-Islami leader Mir Quasem Ali, around six months after the conclusion of his trial procedures. Quasem was allegedly the chief of Chittagong Al-Badr, an auxiliary force of Pakistani army, and faces 14 charges, including murder committed in the city between November and December 16, 1971. The judgment is going to be delivered just 3 days after Motiur Rahman Nizami, the then chief of Al-Badr, was awarded death penalty by the ICT-1 for his crimes against humanity during the Liberation War. Meanwhile, the Supreme Court may hand down its verdict in the appeal filed by condemned war criminal Muhammad Kamaruzzaman next week, an SC source said yesterday. The senior assistant secretary general of Jamaat was sentenced to death by ICT-2 in May last year for his wartime offences committed in 1971. QUASEM'S TRIAL The prosecution sought capital punishment for Mir Quasem, a member of Jamaat's central executive council, claiming that they had been able to prove 12 out of 14 charges. Like always, the defence appealed for his acquittal saying the prosecution couldn't prove any charges. If convicted, the 62-year-old, considered one of the top financiers of Jamaat, may face the capital punishment. 6 top Jamaat leaders have already been punished for their 1971 crimes and 2 other top notches - Abdus Subhan and ATM Azharul Islam - are being tried in the war crimes tribunals. On May 4, the ICT-2 concluded hearing the closing arguments in Quasem's case and kept the case awaiting verdict. Fixing the verdict date yesterday, Justice Md Mozibur Rahman Miah asked the tribunal registrar to issue a warrant so that the jail authority produces Quasem before the court by 10:00am on Sunday. Another member of the tribunal Justice Md Shahinur Islam was present during the announcement, though its chairman Justice Obaidul Hassan was on leave. According to the prosecution, Quasem, president of Jamaat's then student wing Islami Chhatra Sangha's (ICS's) Chittagong town unit, colluded with the Pak army, Jamaat, and other anti-liberation forces and formed Al-Badr force there in 1971. Several Al-Badr camps were set up in Chittagong under Quasem's leadership for torturing and killing pro-liberation people, the prosecution said. Quasem also had links with the Pak army and was directly involved in crimes like abduction, torture and murder in 1971, it claimed. The prosecution produced 24 witnesses, mostly victims, and documents to prove the charges. It, however, could not produce any witness in support of 2 charges. Quasem's counsels said their client was indeed involved with the ICS in 1971 but he had nothing to do with Al-Badr or any torture camp. The defence produced three witnesses to prove their claim. Mir Quasem was born to Mir Tayeb Ali and Rabeya Begum in Munsidangi Sutalori of Manikganj on December 31, 1952. He joined the ICS in 1967 when he was studying at Chittagong Collegiate School. Later, he became president of Chittagong College and Chittagong town units of the ICS and on November 6, 1971, he became the general secretary of East Pakistan ICS, according to prosecution documents. When the ICS re-emerged as Islami Chhatra Shibir in 1977, he became its president and joined Jamaat as an activist in 1980. He now is a member of Jamaat's central executive council, the highest policy-making body of the Islamist party. According to a defence petition filed on July 19, 2013, Quasem is the chairman of Keari Ltd, a real estate and tourism company; and chairman and director of Diganta Media Corporation Ltd that owns Bangla daily Naya Diganta and now off-air Diganta TV. He is the director (marketing) of Ibn Sina Pharmaceutical Industries; chairman of Agro Industrial Trust; member secretary of Fouad Al-Khateeb Charity Foundation; and chairman of Association of Multipurpose Welfare Agencies of Bangladesh, an association of Bangladeshi NGOs. Quasem also holds management positions in a number of other organisations, including Industrialists and Businessmen Welfare Foundation, Allama Iqbal Sangsad, Islamic University of Chittagong, Darul Ihsan University, Centre for Strategy and Peace Studies, the petition mentioned. He was the member secretary of Islami Bank Foundation, a sister concern of Islami Bank Bangladesh Ltd, it said. Quasem was arrested on June 17, 2012 following a warrant of the ICT-1. The tribunal on May 26 took into cognisance the charges pressed by the prosecution and indicted him on 14 charges on September 5, 2013. But on September 30, the case was transferred to ICT-2. Among the 14 charges, 2 were related to his alleged involvement in the killing of 3 named and several unnamed people in Chittagong while the rest were based on abduction, confinement and torture of at least 27 people in different incidents. According to the charges, Al-Badr men, accompanied by the Pak army on several occasions, abducted the victims from different places in Chittagong, kept them confined to Al-Badr camps, tortured them and killed many of the abductees before dumping their bodies in the Karnaphuli river. Mir Quasem Ali abetted and facilitated the commissioning of the crimes either by participating or leading or instancing or planning or instigating the Al-Badr men between November and December 16, the charges said. KAMARUZZAMAN'S APPEAL The ICT-2 on May 9 last year sentenced Kamaruzzaman, one of the key organisers of the infamous Al-Badr force, to death after it found him guilty of mass killing, murder, abduction, torture, rape, persecution and abetment of torture in the greater Mymensingh district during the country's Liberation War. Kamaruzzaman submitted his appeal to the apex court on June 6 last year challenging the tribunal judgment and seeking acquittal on the charges brought against him. On September 17 this year, a 4-member Appellate Division bench led by Justice Surendra Kumar Sinha concluded hearing on the appeal and kept it waiting for verdict. Justice Md Abdul Wahhab Miah, Justice Hasan Foez Siddique and Justice AHM Shamsuddin Choudhury Manik are the other members of the bench. Now that the hearing of arguments in the appeal was completed last month, the verdict may be announced anytime next week, according to the highly-placed SC source. Attorney General Mahbubey Alam and Shishir Monir, Kamaruzzaman's lawyer, however told The Daily Star that they were not entitled to know when the court would deliver the verdict on the appeal. The SC will register the appeal in its cause-list before the day of announcing the judgment, they said. During the hearing on the appeal, defence counsel SM Shahjahan told the apex court that the ICT-2 had convicted and sentenced Kamaruzzaman based on false and unfounded documents and evidence, and that he should be acquitted of all charges. The attorney general vehemently opposed Kamaruzzaman's appeal and prayed to the SC to affirm the tribunal verdict, saying all the charges against the Jamaat leader were proved beyond reasonable doubts. (source for both: The Daily Star) **************** Nizami's Death Penalty -- Gonojagoron Mancha wants immediate execution Minutes after the news of the death penalty given to Motiur Rahman Nizami reached the Shahbagh intersection yesterday, Gonojagoron Mancha activists erupted into exhilarated cheers. Both factions - one led by Imran H Sarker while another by Kamal Pasha - started gathering at Shahbagh since morning. Demanding immediate execution of the verdict, the groups staged separate rallies there where they chanted different slogans like "We demand hanging". Soon after an International Crimes Tribunal sentenced Jamaat chief Nizami to death around 12:30pm for crimes against humanity during the 1971 Liberation War, the protesters hugged each other. Welcoming the verdict, Imran said, "We are happy... This is a victory for the people... Justice delivered finally." "But we want immediate execution of the verdict." Both factions brought out processions that marched to the TSC on Dhaka University campus before returning to Shahbagh intersection. Kamal Pasha said the judgment reflected the aspirations and hope of the people of the country. Meanwhile, Gonojagoron Mancha activists in Chittagong hailed the verdict and demanded immediate execution of it. Following the verdict, the activists brought out a procession from Cheragi Pahar intersection and paraded different thoroughfares in the city. Coordinator Sharif Chouhan termed the verdict a victory of the Gonojagoran Mancha movement. (source: The Daily Star) From rhalperi at smu.edu Fri Oct 31 12:26:42 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 31 Oct 2014 12:26:42 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA., OHIO Message-ID: Oct. 31 TEXAS: We're Going to Execute a Man Who Subpoenaed Jesus While Representing Himself Wearing a Purple Cowboy Suit; A Supreme Court decision in Scott Panetti's case should've made it harder to kill delusional prisoners - but it won't save him. 4 years before he murdered his in-laws in Texas, Scott Panetti buried some furniture in his yard. The devil, he claimed, was in it. After he was arrested and charged with the killings, Panetti, who has a history of severe mental illness, represented himself at his capital trial wearing a purple cowboy suit. He called himself "Sarge" and subpoenaed Jesus, among other notables. He lost, of course. The jury found him guilty and sentenced him to death. The case made its way though the appeals courts, eventually reaching the United States Supreme Court, which in 2007 ruled that the state of Texas hadn't adequately evaluated whether Panetti's mental condition allowed him to fully understand the nature of his punishment - a constitutional prerequisite for the death penalty. The court stayed the execution and sent the case back for further proceedings. Panetti was diagnosed with paranoid schizophrenia, delusions, hallucinations, and manic depression - and hospitalized 14 times. Seven years later, Panetti's illness hasn't gone away, but the Supreme Court has given Texas the green light to kill him. The court's decision, announced on October 6 without comment, upheld a 5th Circuit Court of Appeals ruling that Panetti was sane enough for execution. The appellate court's decision, in turn, was based in part on the opinion of a Florida psychiatrist who has deemed at least 3 Florida death row inmates with long and well-documented histories of mental illness to be sane enough for the needle. The details in this story, gleaned from hundreds of pages of court documents and other official filings, indicate that Scott Panetti was no malingerer. He began showing signs of serious mental illness in 1981, back when he was still a teenager. By 1992, he had been diagnosed with paranoid schizophrenia, delusions, auditory hallucinations, and manic depression, and had been hospitalized 14 times. In 1990, for instance, he was involuntarily committed after swinging a cavalry sword at his wife and daughter and threatening to kill his family. He made good on the threat 2 years later, when he shaved his head, donned camo fatigues, broke into his in-laws' house and shot them both at close range in front of his estranged wife and infant daughter. After turning himself in, Panetti blamed the crime on Sarge, one of his recurring hallucinations. God, he said, had ensured that his victims hadn't suffered. Panetti refused to cooperate with his lawyers, who he claimed were conspiring with the cops. In jail, he went off his meds, apparently convinced, as a Gnostic Nazarene, that he'd found a spiritual cure. At the trial, serving as his own lawyer, Panetti rambled incoherently through his defense. Among the hundreds of people he sought to subpoena were not only the Messiah, but John F. Kennedy and the Pope as well. Two jurors later told one of Panetti's lawyers that his behavior had so frightened them that they voted for death largely to make sure he'd never get out of prison. (Texas at that time did not offer the option of life without parole.) 2 months after his sentencing, Panetti tried to waive his right to a lawyer for the appeal - a move tantamount to suicide. But this time, a judge refused his request, ruling that he was not mentally competent to make that choice. Panetti may have been too incompetent to ditch his lawyer, but in 2003 a Texas state court determined, without a hearing, that he was sane enough to kill. His lawyers appealed to the federal district court, and the case ultimately landed before the Supreme Court, where Texas Solicitor General (and now US Senator) Ted Cruz defended the state's right to put Panetti down. In past rulings, the Supreme Court has banned the execution of juveniles and people with intellectual disabilities. And while the court also has ruled that the Constitution forbids executing the severely mentally ill, the justices have been wary of laying down guidelines to determine, in effect, how crazy is too crazy. A blanket ban on executing the mentally ill would have the effect of clearing out a big chunk of America's death row: A study published in June in the Hastings Law Journal looked at the 100 most recent executions and found that 18 of the condemned were diagnosed with schizophrenia, PTSD, or bipolar disorder, while 36 more had other serious mental-health problems or chronic drug addiction that in many cases rendered them psychotic. By failing to offer clear guidance, the court gave psychiatrists great power in deciding who lives and who dies. The legal history isn't pretty. Consider the case of Albert Fish, who was dubbed the "Brooklyn Vampire." In 1935, Fish was convicted and sentenced to death for strangling a 10-year-old girl. Not only did he confess to the killing, he admitted to having cooked the child's body with bacon and vegetables and eaten it over the course of 9 days. He was suspected in at least 5 other murders. A famous psychiatrist determined that Fish had major psychoses that manifested not just in cannibalism, but a host of other perversions and sadomasochistic behaviors - including eating his own feces and sticking pieces of alcohol-soaked cotton into his anus and setting them on fire. When he was arrested, X-rays showed 29 needles embedded in his groin area. That psychiatrist testified at trial that Fish was legally insane, but his opinion was lost in a flood of testimony from prosecution doctors who declared Fish entirely competent. One even defended the feces consumption as "socially perfectly all right." Fish was executed in 1936. In theory at least, the courts have since evolved to take a somewhat dimmer view of killing people whose tenuous grasp on reality makes a mockery of the supposed deterrent effect of capital punishment. "All you need to know is you're going to be executed and why. You can be quite psychotic and still know those 2 things." In 1986, in the case of Ford v. Wainright, the Supreme Court first ruled that a very narrowly defined set of inmates with major mental illnesses were ineligible for execution thanks to the Constitution's "cruel and unusual" clause. The 5-4 opinion was the handiwork of Justice Thurgood Marshall, who had spent a good part of his career representing capital defendants. Yet the high court was conflicted over where to set the limits. Science seems never to have been part of the equation, and the court's opinion is colored by fears that murderers would fake mental illness to escape execution. Marshall sought to exempt from execution any prisoner so profoundly impaired that, as Alvin Ford had been, he was incapable of assisting in his own defense. Had Marshall prevailed, Panetti surely would not be on death row now. But the legal test ended up being defined more loosely by Justice Louis Powell, the swing vote in Ford's favor. Powell suggested that mentally ill inmates could win a reprieve if they could prove they are "unaware of the punishment they're about to suffer and why they are to suffer it." The court left the states to work out the messy details of what that vague standard should mean in practice. The result has been a steady stream of executions of profoundly mentally ill people, some of whom - like Ricky Ray Rector, an Arkansas man whose execution Bill Clinton left the campaign trail to oversee in 1992 - were literally missing pieces of their brains. "Competence to be executed is an extremely low standard," explains Phillip Resnick, the director of forensic psychiatry at Case Western Reserve University. "All you need to know is you're going to be executed and why. You can be quite psychotic and still know those 2 things." The Panetti case seemed poised to change that. When the Supreme Court sent the case back to Texas in 2007, it instructed the lower court to ensure not only that Panetti was aware he was going to be executed, but that he also had a "rational understanding" of the facts of his execution. The landmark ruling was supposed to tighten up the vague standard for competency established in the Ford case. In practice, though, it wasn't much of an improvement. At the time of the Supreme Court's decision, the 5th Circuit Court of Appeals, which covers the busy death penalty states of Texas, Louisiana, and Mississippi, had never found someone ineligible for execution on the basis of insanity. And so it remains today. The Panetti case illustrates how such a situation could be. After the Supreme Court punted it back to Texas, state officials subjected Panetti to further evaluation. Among the doctors hired to assess his mental state was Alan Waldman, a forensic psychiatrist and neurologist living in Gainesville, Florida. Pivotal testimony came from a psychiatrist who purports to be an expert in detecting when a prisoner is faking symptoms of mental illness. Waldman had spent part of his early career working for the Florida Department of Corrections. In the late 1990s, he worked as a senior physician in a state facility. In 1999, according to court records, he quit that job when he faced the prospect of being terminated. According to court testimony, the state credentialing board was considering revoking his privileges and had questions about his response to a complaint by the spouse of a client. Waldman refused to answer questions for this story, directing his secretary to tell me that he would not talk to me under any circumstances and "don't call back." But in a court appearance in an unrelated lawsuit, he was questioned about his employment history. He asserted that the credentialing board's investigation of him was based on a frivolous complaint by a "wife beater," and that he had left his job to avoid the hassle of legal proceedings and the risk of a poor outcome when he said he'd done nothing wrong. "This happens when you're a psychiatrist," he testified. "You treat disturbed people and they sometimes make complaints." Today, Waldman works as an expert witness in civil and criminal cases, mainly in Florida. He holds himself out as an expert in the detection of malingering, or feigning symptoms of mental illness. But during a 2007 hearing in the Panetti case, he admitted that he'd never published anything on the subject in a peer-reviewed journal???the only published work listed in his public CV since 1993 is an article titled "The Misuse of Science," which appeared in the "Domestic Violence and Sex Offender Prosecutor Association Newsletter." In 3 death penalty cases, Florida governors have appointed Waldman to commissions evaluating the mental competency of the condemned. All of the prisoners, like Panetti, had long histories of mental illness predating their crimes, and in all three cases, Waldman deemed them legally sane. In 2 cases, he concluded that the inmate was faking his symptoms. An infamous case in point is that of Thomas Provenzano, who became the catalyst for a national effort to beef up courthouse security in more trusting times. Provenzano went around claiming he was Jesus long before he killed anyone. He would sign job applications "Jesus Christ" and show pictures of Jesus to his nephews and nieces, whispering, "That's me." According to his sister, Catherine Forbes, "a 5-year-old kid could tell my brother had mental problems." In the mid-1970s, Provenzano had checked himself into a mental hospital because he was hearing voices, but he was released. In 1981, his sister pleaded with doctors at the hospital to commit him, but they said they couldn't do anything to help. By 1983, it was clear that Provenzano's mental state was deteriorating. One day, after being reported for behaving erratically in public, he led police on a car chase and was stopped and arrested for disorderly conduct. After his arrest, Provenzano started hanging out at the courthouse, obsessing over his legal file and the police officers who'd apprehended him. He began dressing like Rambo and, in early 1984, told his nephew he was going to blow up the Orlando police department. Shortly thereafter, he smuggled three guns into the courthouse, where he shot and killed a man and critically injured two other people before a sheriff shot him in the back. In the ambulance en route to the hospital, he yelled, "I am the son of God! You can't kill me." In 1999, Jeb Bush, then the governor of Florida, signed Provenzano's death warrant and appointed a competency commission that included Waldman. After conducting an evaluation, Waldman reported back that the prisoner was faking his illness. Police say Alan Waldman confronted a woman with an AK-47 in the wake of a traffic dispute: "He was so close I could feel him spitting at me," the woman recalled. Forbes, Provenzano's sister, was shocked. She told me tearfully that her brother had spent 17 years on death row sleeping under his cot with a box on his head because he was hearing voices. She doubts any sane person could fake symptoms for so long: "Would you sleep 17 years with a box on your head, or under your cot?" In May 2000, the Florida Supreme Court sided with the commission. The state executed Provenzano the next month. About 6 months after the execution, Gainesville police arrested Waldman for aggravated assault. According to the police report, court records, and an interview with the alleged victim, Waldman was engaged in a bit of road rage. He was driving behind a woman who was a teenager at the time. Waldman cut in front of her at a red light, and she believed he'd clipped the front of her purple Saturn. But rather than pull over, she said, he took off when the light changed. Incensed, she followed him home to try to get his insurance information. According to the police report, Waldman then walked from his front door to the roadside armed with an AK-47 to confront the woman. He pointed the gun at her through her car window, she told me: "He was so close I could feel him spitting at me." She drove away and called the police, only to discover that Waldman had reported her first and that the police were looking to arrest her. Waldman had told them he was "scared for his life," she said. But after corroborating the gist of her story, the police arrested Waldman instead. She decided not to press charges, but said she's still traumatized by the episode. Since his arrest, Waldman has continued to serve on mental competency commissions for Florida death row inmates. In 2012, he evaluated John Ferguson, a prisoner with a 40-year history of paranoid schizophrenia who had once been represented pro bono by John Roberts Jr., now chief justice of the US Supreme Court. Ferguson had killed eight people after he was released from a mental institution over the dire warnings of state doctors who said Ferguson was homicidal and "should not be released under any circumstances." Right up through his execution day in the summer of 2013, Ferguson insisted that he was the "prince of God." Yet after a 90-minute interview, Waldman and his colleagues deemed him sane enough to execute. Texas paid Waldman $250 an hour to assess Panetti, and $350 an hour for his expert testimony. Texas paid Waldman $250 an hour for his assessments in the Panetti case and $350 an hour for his testimony. At first, Panetti had refused to talk to Waldman, and when he eventually agreed, he wasn't especially cooperative. For example, Waldman wrote that Panetti insisted on calling him "Dr. Grigson." The late James Grigson was the discredited Texas psychiatrist featured in the Errol Morris film The Thin Blue Line. Known as "Dr. Death," he had a long record of testifying in capital trials, where he invariably argued that the defendant was an incurable sociopath who would certainly kill again if allowed to live. For much of the evaluation session, Panetti answered Waldman's questions with Bible quotes. He made up stories and claimed that John F. Kennedy had once cleaned his burns. He talked like a cowboy. He said the other inmates hated him because he preaches the Gospel. (Waldman, who had interviewed some of the other death row inmates, informed Panetti that they didn't like him because "he screams and yells and is constantly disturbing the unit by preaching the Gospel.") Panetti also talked about burying the possessed furniture in his yard, and claimed "Sergeant Iron Horse" was his in-laws' real killer. The interview, Waldman wrote, demonstrated that Panetti has "organized" thoughts, and that he is very coherent most of the time???especially when asked about the Bible. Panetti had hoped to "sabotage" the interview, Waldman noted, and displayed no evidence of mental illness. Waldman also dismissed Panetti's descriptions of his hallucinations and his claims about the furniture, writing, "One also must wonder, what furniture did Mr. Panetti in fact bury, a sofa?" He said the prisoner's repeated references to Dr. Grigson further proved that he was malingering. By the time defense lawyers got a chance to question Waldman at Panetti's competency hearing, the psychiatrist had run up a $23,000 invoice for the state. (The federal courts, meanwhile, had allotted Panetti just $9,000 for all of his experts.) But the cross-examination revealed crucial gaps in Waldman's knowledge. The furniture incident, for instance, had been well documented by witnesses. Their accounts were in Panetti's medical records and had been introduced as exhibits in court. On the stand, Waldman conceded that he hadn't given Panetti a single test or standard psychological exam. In any case, Waldman argued, burying furniture was a "questionable" symptom of mental illness. Furthermore, he suspected that Panetti's mother had coached her son to bring up Grigson - that Panetti had "premeditated" the whole thing as a way to "handle" his examiner. Defense attorney Kathryn Kase informed him, however, that Grigson had in fact testified at Panetti's trial - and Panetti, representing himself, had cross-examined him. He had been obsessed with Grigson ever since. Waldman hadn't known any of this, he admitted. Waldman also conceded that he hadn't given Panetti a single test or standard psychological exam, even though such things - including a test for malingering schizophrenia - not only exist, but are used regularly in his field. Kase tried to inquire about the AK-47 incident, and whether Waldman had reported any acts of "moral turpitude" when he applied for the temporary medical license required for him to work for the state of Texas. But the judge cut off that line of inquiry and eventually ruled against Panetti, deeming him eligible for execution. Panetti's lawyers appealed, arguing that he still hadn't received a fair hearing on his competency as the Supreme Court had ordered 6 years earlier. "Paradoxically," they wrote, "Panetti must invoke the Supreme Court's decision in his own case to vindicate his right - now a 2nd time - to rudimentary due process in an execution competency proceeding." The 5th Circuit Court of Appeals ruled against Panetti anyway, quoting Waldman at length in its August 2013 ruling - even though Waldman was the only expert who testified at the competency hearing that Panetti was not, in fact, sick: The State's chief expert - Dr. Waldman - doubted that Panetti suffered from any form of mental illness and was "emphatic in his opinion that Panetti has a rational understanding of the...connection between [his] crime and [his] execution." Last week, the United States Supreme Court agreed. (source: Mother Jones) ********************** Is The End Of The Death Penalty Near? Just Look At Texas The State of Texas carried out its 10th death penalty sentence of the year Tuesday night as Miguel Paredes was executed by lethal injection for the murder of 3 men in 2000. There are no other executions planned for the Lone Star State in 2014. While 10 is almost a rate of 1 per month, Texas has, in the past, used the death penalty on upwards of 30 or more in a year. They executed 40 in the year 2000. Texas is, by far, the state that executes the most criminals. And in 2014, that number is only 10. Why the sudden drop in the number of death penalties carried out? Lethal injection is now the most used form of execution in America. Is it the lack of supplies? Texas is a lethal injection state and the drugs used to carry out the death penalty come from overseas suppliers. As explained by the Atlantic, those suppliers have stopped selling the drugs to the U.S., Texas specifically. And states have tried to circumvent the loss of supplies by creating their own concoctions, like this past summer in Arizona, as reported in the Inquisitr, where an inmate suffered for 2 hours after the "new" cocktail of death drugs failed to do its job. The lack of death penalty drugs has led to calls from some states to re-instate the electric chair as a means of execution. More barbaric, other states - including Arizona - have looked at firing squads and even guillotines as instruments of death. Is finding new and creative ways to execute our convicted criminals the answer? A recent Gallup poll shows that 6 out of 10 Americans support the death penalty. And as long as crimes are committed, punishments must be rendered under our criminal justice system. Critics have long since argued that executions are racially divided, with minorities being put to death in greater numbers than whites. But not in Texas. As shown by a report by the Texas Department of Criminal Justice, in 2000, when the state executed 40 inmates, the majority of those executed were white. In 1997, when Texas put 37 inmates to death, 21 of those were white. Since Texas leads the nation in all things death penalty, they too can serve to make a point. And that point is that the number of executions are down to the lowest number since 1996, when Texas executed only three people. Coincidentally, 1996 is also the year that Congress passed legislation restricting federal appeals for death penalties with the Antiterrorism and Effective Death Penalty Act. After 1996, it became easier for states to execute their convicted criminals and Texas took the point, pushing their number from three in 1996 to 37 in the following year. An article in the Atlantic spells it out clearly. "Executions in Texas, the most prolific death-penalty state in the country, spiked after Congress restricted federal appeals in death-penalty cases with the Antiterrorism and Effective Death Penalty Act in 1996." There are other factors at play in the decline of death penalty cases, as the Atlantic points out. The Supreme Court banned the executions of mentally ill inmates in 2002. In 2005, the highest court in the land barred executions for inmates who committed the crime they were convicted of while being under 18, as it violated the 8th amendment. And in 2008, they outlawed executions for any other crime but 1st degree murder. With legal jurisprudence hindering states from carrying out its executions, only those inmates that "qualify" can be put to death. Convicted killers sometimes wait decades for their death sentence to be carried out. After a federal judge ruled that California's death penalty was unconstitutional, as originally reported in the Inquisitr, the death penalty has come under even more scrutiny. Even with the recent Gallup polls' numbers, Americans seem to be divided on the death penalty as a means of punishment. 32 states still have the death penalty, and 18 have bowed out, with Maryland being the last to do so in 2013. The fiscal costs associated with the death penalty far outnumber the costs of life in prison. Automatic appeals tie up the courts and most sentences aren't carried out for decades after final sentencing. Those costs matter in states that are operating in the red. Finances could be the deciding factor that halts the death penalty in America. The fact that Texas, of all states, is slowing down in the number of executions could very well point to a future where death penalty cases are phased out completely. Recent legislation, coupled with public sentiment, has shined a very bright light on the dark act of execution. And the age of the death penalty could very well be coming to an end. (source: The Inquisitr) PENNSYLVANIA: Midstate DAs: Frein will likely face death penalty, definitely won't get bail Eric Frein will almost certainly face the death penalty, because of the premeditated nature of the crime, and the fact it involved a police officer, 2 Harrisburg area prosecutors said Thursday night. "I think it's very likely because this was a premeditated kind of thing that would rise to 1st-degree murder, and you have the aggravating circumstances of killing a police officer and trying to kill a 2nd trooper," said Dauphin County District Attorney Ed Marsico. David Freed, district attorney in Cumberland County, said, "it has all the hallmarks" of a death penalty case. The decision on whether or not to seek the death penalty will be made by the district attorney in Pike County, who has until the time of Frein's formal arraignment, which could be several weeks away. Because Frein, 31, has been charged with 1st-degree murder as a result of the Sept. 12 shooting outside a state police barracks in Pike County, there is no chance he will be granted bail, the prosecutors said. Frein is charged in the homicide of Cpl. Bryon Dickson. The next step in the legal process is a preliminary arraignment, which will likely take place as soon as Thursday night. Freed expected prosecutors would first attempt to question Frein and obtain a statement. But if he exercises his right to remain silent or to have a lawyer present, he would soon be taken for the preliminary arraignment, which can be carried out without a lawyer for Frein. If Frein can't afford a lawyer and must rely on a public defender, Marsico said he expects one would be appointed by Friday. After that, the next legal step is a preliminary hearing, which takes place before a local district magisterial justice, and must be held within 3 to 10 days of arrest. However, the time frame is often extended, often at the request of the defense to allow more time to prepare. Also, defendants frequently waive their preliminary hearing. If the outcome of the preliminary hearing is that Frein goes to trial, the next step is formal arraignment, which will take place in the Pike County Court of Common Pleas. Freed said timetables vary by county, but he would expect the trial to take place within about a year. Meanwhile, Frein will be held in county prison. Freed predicts Frein will be isolated from other prisoners for his safety. Prosecutors prefer to try cases in their home county. However, Freed said he believes it's likely Frein's lawyer will seek to have the trial moved to a different county, as a result of the impact of the case on the local community and all the publicity it received. A compromise is to bring in an out-of-county jury; the matter would be settled by a Pike County judge. On Thursday night, both Freed and Marsico said they were happy Frein was taken alive, so justice can be served. (source: pennlive.com) NORTH CAROLINA: Judge orders that attorneys for man facing death penalty have access to electronic evidence A Forsyth County judge ordered that attorneys for a man facing the death penalty in the fatal shooting of an Ardmore woman have access to cellphones and computers that were seized in the criminal investigation. Anthony Vinh Nguyen, 22, is charged with 1st-degree murder, 1st-degree burglary, 1st-degree kidnapping and armed robbery in the death of Shelia Pace Gooden, 43. Authorities say Nguyen shot Gooden in the head after he and 2 other men - Daniel Aaron Benson, 23, and Steve Gorge Assimos, 22 - broke into Gooden's house at 700 Magnolia St. on Oct. 11, 2013. Authorities say the men held Gooden against her will and stole a flatscreen television valued at $200. All 3 men are facing 1st-degree murder charges, but Nguyen is the only one facing the death penalty. David Botchin and John Bryson, attorneys for Nguyen, had filed a motion Monday alleging that Forsyth County prosecutors had failed to provide access to electronic equipment seized during the investigation. Botchin said in the motion that he had made arrangements for an expert to analyze the equipment but had to cancel after Assistant District Attorney Jennifer Martin sent an email saying the attorneys would need a search warrant, a court order or consent of the property owners. Judge William Z. Wood of Forsyth Superior Court ruled that Bryson and Botchin can examine the electronic equipment. One issue that came up, however, was how to deal with cellphones that were seized but belonged to Benson, Assimos and another person who wasn't charged. Assistant District Attorney Ben White said that a recent U.S. Supreme Court ruling means they have to be careful about searching cellphones and not invading the privacy rights of the co-defendants and anyone else whose property was seized in the course of the criminal investigation. White said prosecutors had no objection to Nguyen's attorneys examining the electronic equipment but that they had to be careful not to unnecessarily violate the co-defendants' privacy rights. Wood ruled that attorneys for Benson and Assimos be given at least 30 days to object, if they choose to, before their property can be analyzed. Also at the hearing, Martin withdrew a motion she had filed asking that the State Crime Lab waive its policy restricting items of evidence that can be submitted for analysis. Martin said in court that she and White had talked with officials at the State Crime Lab about the policy. She said she has confidence that some of the items can be analyzed without too much delay in the case. On Oct. 9, several items - including clothing, shell casings and saliva swabs - were sent to the State Crime Lab. 3 items came back untested, including the steering wheel from Nguyen's car. Martin said prosecutors allege that gunshot residue might be on the steering wheel because Nguyen was the one who shot Gooden and then drove the car away. Martin also said in court that prosecutors have decided to withdraw a plea offer. Under that plea offer, Nguyen would have been able to plead guilty to 1st-degree murder and receive life in prison without the possibility of parole, instead of the death penalty. Martin said prosecutors would not be offering that plea offer again. (source: Winston-Salem Journal) FLORIDA----impending execution Stay of Execution Denied for Chadwick Banks The Florida Supreme Court has denied a death row inmate's request for stay of execution. Chadwick Banks was convicted of murdering his wife, then raping and killing his stepdaughter at their Gadsden County home in 1992. The Florida Supreme Court ruled banks did not show "substantial grounds" for relief required for a stay. He is scheduled to be executed by lethal injection on November 13. (source: WTXL news) ******************** Another Florida Inmate Added to Exoneration List Carl Dausch, a former death row inmate in Florida, has been added to DPIC's list of exonerations from death row, bringing the national total to 147 and Florida's total to 25, the most of any state in the country. On June 12, 2014, the Florida Supreme Court directed the acquittal of Dausch because there was insufficient evidence of his guilt. The Court stated, "We do not take lightly the result that will flow from our decision today. We have reviewed the entire record in this case with the utmost seriousness and care. Yet, our comprehensive review of this case leaves us with the inescapable conclusion that the evidence is simply insufficient to conclude, beyond a reasonable doubt, that Dausch was the person responsible for murdering Mobley. At best, the evidence presented by the State creates a suspicion of guilt." Dausch's is the 4th death penalty exoneration in 2014. Glenn Ford was exonerated in Louisiana in March, and Henry McCollum and Leon Brown were exonerated in North Carolina in September. All 3 men had been imprisoned for 30 years. Dausch is serving a 60-year sentence in Indiana for an unrelated conviction. Although he was added to DPIC's list after Brown and McCollum, his exoneration occurred before theirs, and he is listed as #145, with McCollum and Brown being #146 and #147, respectively. (source: DPIC) OHIO: Defense says Akron man's low IQ disallows execution; Judge Tom Parker said Thursday he'd be willing to hold a hearing about the IQ issue. Attorneys for a northeast Ohio man convicted of killing his girlfriend's parents with a sledgehammer argue their client's low IQ prevents him from receiving the death penalty. The Akron jury that convicted 20-year-old Shawn Ford Jr., of Akron, of aggravated murder in the slayings of Jeffrey and Margaret Schobert is now hearing evidence about whether to recommend the death penalty or life in prison for him. A psychiatrist testified that Ford had an IQ of 62 as a 9-year-old. Other IQ tests resulted in scores of 64, 71 and 80. The U.S. Supreme Court earlier this year voted to stop the execution of a Florida man with IQ scores between 60 and 80. Judge Tom Parker said Thursday he'd be willing to hold a hearing about the IQ issue. (source: WKYC news) From rhalperi at smu.edu Fri Oct 31 12:27:56 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 31 Oct 2014 12:27:56 -0500 Subject: [Deathpenalty] death penalty news----ILL., KAN., COLO., ARIZ., IDAHO, ORE. Message-ID: Oct. 31 ILLINOIS: Inmate freed in landmark death-penalty case; A man was freed from prison Thursday after Cook County prosecutors threw out a double murder conviction that is linked to one of Illinois' most pivotal penalty cases. A prisoner whose confession helped free a death row inmate in a case that was instrumental to ending capital punishment in Illinois was released Thursday after he recanted, and a prosecutor said there was powerful evidence that the other man was responsible. Alstory Simon's confession gained international attention in 1999, largely because of an investigation by a journalism professor and a team of students from Northwestern University that helped secure Anthony Porter's release just days before he was to be executed. He had spent 16 years on death row for slayings he and his supporters maintained he did not commit. Because of constitutional protections against double jeopardy, there is no legal way to retry Porter. Simon, wearing a grey hoodie and jeans, told reporters outside Jacksonville Correctional Center that he was angry. "I'm not angry at the system. I'm angry at the people who did what they did to me," he said, crying as he told reporters that his mother had died while he was behind bars. Simon was convicted and sentenced to 37 years in prison. But the Cook County State's Attorney's Office began re-examining his conviction last year after his attorney presented evidence that he had been threatened with the death penalty and coerced into confessing with promises that he would get an early release and share in the profits from book and movie deals. And, said Cook County State's Attorney Anita Alvarez, he was tricked by a private investigator who stormed into his home and showed him a videotape of a man who said he had seen Simon pull the trigger. The man turned out to be an actor. "In the best interest of justice, we could reach no other conclusion but that the investigation of this case has been so deeply corroded and corrupted that we can no longer maintain the legitimacy of this conviction," Alvarez said. The Porter case helped lead former Gov. George Ryan to declare a moratorium on executions in 2003, and he cleared death row by commuting the death sentences of more than 150 inmates to life in prison. Gov. Pat Quinn abolished the death penalty in 2011. Alvarez did not say whether she believed Simon is, in fact, innocent, but she said there were so many problems with the case - including what she called a coerced confession and the deaths of a number of key figures - that it is impossible to determine exactly what happened on the morning of Aug. 15, 1982, when 2 people were shot to death as they sat in a park on Chicago's South Side. She also said there remains powerful evidence that Porter was the gunman, including several witnesses who still maintain their original statements. "As I stand here today, I can't definitely tell you it was Porter who did this or Simon who did this," she said. Alvarez said the "tactics and antics" of the investigator, Paul Ciolino, and former Northwestern journalism professor David Protess could have added up to criminal charges of obstruction of justice and intimidation of a witness at the time, but that it is now impossible to file charges because the statute of limitations has run out. Protess, who retired from Northwestern in 2011 amid questions about his investigative methods, did not respond to phone calls for comment. Ciolino, who like Protess has denied acting improperly, released a statement that emphasized that Simon confessed multiple times, including to a TV reporter and his own lawyer. "You explain that," Ciolino said. Nonetheless, he added, no one should be in prison if the state did not meet its burden of proof. Thursday's release was just the latest chapter in Porter's long history with the justice system. According to the Chicago Sun-Times, before he was charged in the 1982 slayings, he was charged in a 1976 shooting that left 1 man dead and another injured, but charges were ultimately dismissed. After his release from prison, he had a number of run-ins with the law, including an arrest in 2011 on a felony theft charge and a 1-year prison sentence the next year after he pleaded guilty, according to the state's attorney's office. Porter did not have a listed telephone number and could not be reached for comment. (source: Associated Press) KANSAS: Death penalty for JCC shooter described as 'appropriate' The man accused of the Jewish Community Center campus shootings could face the death penalty. It's a decision family members of the victim's described as "appropriate." Frazier Glen Cross, also known as Glenn Miller, is accused of killing 3 people on April 13, 2014. Mindy Corporon's son and father were among the victims: 14-year-old Reat Underwood and Dr. William Corporon. "We're not focusing on the case; we're not focusing on the shooter. We're going to let the justice system go through its course," said Mindy Corporon. The Johnson County prosecutor is seeking the death penalty for 73-year-old Glenn Miller. He's charged with killing three people in a crime motivated by hate. Former Johnson County Prosecutor Paul Morrison says the decision to seek the death penalty is not made lightly. "In terms of heinousness, it's as bad as it gets; in terms of damage done, it's certainly as about as bad as it can get," said Morrison. Mindy Corporon and her husband, Len Losen, support the decision. "I think it's the appropriate course of action based on the horrific crimes that he's committed," said Losen. This week, the couple returned from the 20th annual "Concert Against Hate" in Washington, D.C. The event honors heroes in the fight against intolerance. Both Mindy Corporon and Losen plan to continue sharing their experience to help others overcome grief, with a powerful yet simple mantra: "Faith Always Wins." It is also the name of an organization they opened after the tragic shooting. Miller has a motion hearing in a Johnson County courtroom on Thursday. (source: KSHB news) COLORADO: Accused Colorado Cinema Gunman's Lawyers Want Second Sanity Exam Barred Defense lawyers in the Colorado theater massacre case want a 2nd court-ordered sanity examination undergone by accused gunman James Holmes barred from his upcoming murder trial, court documents on Thursday showed. Public defenders filed "a motion to strike" or limit the opinions and testimony of the psychiatrist who conducted the testing. The disclosure was made in a ruling by the judge that suppressed the full contents of the pleading. Holmes, 26, has pleaded not guilty by reason of insanity to shooting dead 12 moviegoers and wounding dozens in a suburban Denver cinema during a midnight screening of the Batman film "The Dark Knight Rises" in July 2012. Prosecutors have charged Holmes with multiple counts of 1st-degree murder and attempted murder, and said they will seek the death penalty for the California native if he is convicted. After invoking the insanity defense, Holmes underwent a mental examination last year, but Arapahoe County District Court Judge Carlos Samour ordered a second evaluation, siding with prosecutors who argued the first report was flawed. The conclusions reached by both evaluators have not been made public. While the contents of the latest defense motion are sealed, it suggests that the second evaluator deemed Holmes was sane when he went on the shooting rampage. Defense lawyers have said he was in the grips of a psychotic episode at the time. Colorado defense lawyer and legal analyst Mark Johnson said since prosecutors rejected the first evaluation and the defense objected to the results of the second examination, it appears there is a split among the professionals about Holmes' sanity. "It's certainly shaping up as a battle between the court-appointed experts," said Johnson, who is not involved in the case. In a separate motion that was made public, the defense said statements Holmes made during the second evaluation should be withheld from jurors because they could violate his right against self-incrimination. Defense lawyers noted in the pleading that prosecutors oppose that motion, although their formal response has not been filed. Jury selection is set to begin in January, which Samour said last week could take up to 4 months. Samour also told lawyers for both sides to be prepared to make their opening statements on June 3, and that the trial will last between 4 and 5 months. (source: Business Insider) ARIZONA: Jodi Arias judge bars public from witness' testimony The judge in the Jodi Arias sentencing retrial has barred the public from watching the 1st witness called by the convicted murderer in her bid to be spared the death penalty for the brutal 2008 killing of her former boyfriend. Maricopa County Superior Court Judge Sherry Stephens said Thursday that the witness will not testify unless the hearing was closed to the public. "This was not an easy decision," said Stephens, who declined to reveal the witness' identity. The judge said her decision to close the courtroom and seal the witness' testimony until the sentencing trial's conclusion is necessary for "the administration of justice." The discussion among the attorneys and judge over the issue was conducted in private. Chris Moeser, an attorney for The Arizona Republic, argued that the First Amendment allows reporters to attend the hearing and unsuccessfully requested that a transcript of the witness' testimony be made available promptly. Stephens allowed the family of victim Travis Alexander to remain in the courtroom. Arias was convicted of murder last year in Alexander's death, but jurors deadlocked on whether she should be sentenced to life in prison or death. A new jury has been picked to decide her sentence. Footage of the first trial drew a global following, but Stephens has barred the broadcast of footage from the sentencing retrial until after a verdict is reached. Arias' lawyers had argued that daily broadcasts of the trial might lead to defense witnesses backing out for fear of being harassed or threatened. Prosecutors said Arias attacked Alexander in a jealous rage after he wanted to end their affair and planned a trip to Mexico with another woman. Arias has acknowledged killing Alexander but claimed it was self-defense after he attacked her. Earlier on Thursday, 2 of Alexander's siblings tearfully described to the jury the devastating effect that their brother's death has had on them. Steven Alexander described nightmares, ulcers and constant trauma from losing his older brother, including locking the doors when he showers. "When I lay down at night, all I can think about is my brother's murder," Steven Alexander said as family members could be heard crying in the gallery. (source: Deseret News) IDAHO: Bannock County Prosecutor's Say They Are Considering the Death Penalty for Brad Compher Bannock County prosecutors say they are considering the death penalty for Brad Compher, the man accused of killing Nori Jones back in 2004. KPVI News 6 learned of the new developments when looking into the Compher case, specifically the length of time he will have been held without bond by the time he gets to his preliminary hearing. On Wednesday, Compher's defense team asked for a 6 month extension to review evidence and line up expert witnesses. The judge agreed, pushing the preliminary hearing out to April of 2015. KPVI News 6 spoke to prosecutors and the defense about the status of the case and if and when Brad Compher might be allowed bond. Idaho law is specific about when a judge can deny a suspect bond, and in the case of Brad Compher, county prosecutor Steven Herzog says he will likely be allowed bond, but it likely won't be until after April's hearing. "The court's discretion is driven by a number of factors, you know, one of them is the seriousness of the crime that's been alleged," says Bannock County Prosecutor, Steven Herzog. Brad Compher has been jailed in the Bannock County Jail since being arrested in early September. He has been charged with murder, a crime that Bannock County Chief Deputy Public Defender David Martinez says can carry the death penalty in Idaho. "Mr. Compher is charged with a capital case, therefore it's discretionary with the court whether they set a bond or not," says Bannock County Chief Deputy Public Defender, David Martinez. According to Idaho law, a judge does have to set bond in certain cases, but because there is the option for the death penalty in this case, the judge is not required to set bond. Under Idaho law, a defendant's preliminary hearing must be scheduled within 14 days of the 1st appearance, but the defendant can waive that time period and that's what happened in the Compher case. "But because of the nature of this case and how complicated it is, it would not have been possible for us to be ready to go within 14 days," says Martinez. Martinez said it's not rare for a preliminary hearing to be continued, but due to the fact that it is a 10 year old investigation, it is rare for it to be continued out for a length of time, like 6 months. County Prosecutor Steven Herzog tells KPVI he understood the request and didn't object. "We understand the public defender's office needs time to go through all the material we've provided to them, so that's fair that they have more time," says Herzog. To clarify the story on Wednesday, the prosecution says they can be ready in 30 to 60 days. Both sides remind the public that little information has been released to the public, and in all cases, people are innocent until proven guilty. When it comes to the death penalty, Idaho law says prosecutors have 60 days from the arraignment to formally file for the death penalty. Compher will be arraigned sometime following April's preliminary hearing. (source: KVPI news) OREGON: Oregon's only female death row inmate will remain there, state supreme court says The Oregon Supreme Court Thursday upheld the conviction and sentence of the state's only woman on death row. The high court refused to throw out the death-penalty sentence of Angela Darlene McAnulty, who brutally tortured her daughter, Jeanette Maples, until her emaciated, dehydrated and battered body was found in a bathtub in the family's Eugene home in 2009. She was 15. On the 1st day of trial in 2011, McAnulty pleaded guilty to aggravated murder - and left her punishment up to a Lane County jury. The jury unanimously found that McAnulty acted deliberately in causing her daughter's death, was likely to commit violent acts in the future that would threaten society and should be sentenced to death. McAnulty is joined by 33 men who are on Oregon's "death row," although she technically lives on a 1-cell "death row" at Coffee Creek Correctional Facility for women in Wilsonville. No one has been executed in Oregon since 1997. McAnulty, 46, appealed the case to the Oregon Supreme Court, arguing 18 separate points of error. But the high court disagreed on all those points, except for 1, which it found "harmless." The court found that the Lane County Circuit Court shouldn't have allowed statements made by McAnulty during her 1st interrogation session with police to be used by evidence because she had invoked her right to remain silent three times by saying "I don't want to talk no more" or something similar to that. But the supreme court found that McAnulty???s statements made after her invocations had no real effect on her conviction, and that incriminating statements that McAnulty made during interrogation sessions later that day with police were made voluntarily. Jeanette was the 1st of 3 children born to McAnulty. The girl had gained the attention of her Eugene classmates and teachers because she was skinny and always hungry. She later wrote a school official a letter, saying she was denied food at home, forced her to eat chili peppers and ordered sit on her knees for long periods of time as punishment. The Oregon Department of Human Services investigated by visiting the home, but found it well stocked and closed the case without taking action to protect Jeanette. McAnulty eventually removed Jeanette from school, and the abuse worsened. Investigators say McAnulty forced Jeanette to sleep on cardboard; withheld food, water and use of the bathroom; regularly beat Jeanette while using a vacuum cleaner to drown out the noise and made her live in a room splattered with her blood. McAnulty did not treat her other two children that way. Jeanette's stepfather, Richard McAnulty, was sentenced to life in prison with the possibility of release after 25 years. He pled guilty to aggravated murder for his role in the death. In 2012, the state agreed to pay $1.5 million to settle a wrongful death lawsuit, for DHS's failure to protect his daughter. Most of the settlement when to Jeanette's biological father. (source: The Oregonian) From rhalperi at smu.edu Fri Oct 31 12:28:52 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 31 Oct 2014 12:28:52 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: Oct. 31 PAKISTAN: Save Asia Bibi from execution in Pakistan http://www.amnesty.org.au/action/action/35932/ (source: Amnesty International) ************************ Plan to return death row man Mohammad Asghar to UK An Edinburgh man on death row in Pakistan for blasphemy could be transferred back to the UK, the governor of the state of Punjab has said. Mohammad Asghar, who suffers from a mental illness, was shot by a prison guard earlier this year and is recovering in hospital. Mohammad Sarwar, the former Glasgow MP who is now governor of Punjab, said "all necessary measures" were being taken to guarantee Mr Asghar's safety and regretted the ordeal he had suffered. Mr Sarwar said: "We are trying to find some kind of middle way where we can resolve this situation within the constitution and the laws of this country." Mr Asghar, 70, suffers from paranoid schizophrenia, and was sentenced to death under Pakistan's strict blasphemy laws after writing letters in which he claimed to be the Prophet Muhammad. He has appealed against his sentence. Mr Asghar's family have repeatedly called on Prime Minister David Cameron to intervene and bring the grandfather home, including hand-delivering a 70,000-signature petition to Downing Street. (source: Edinburgh News) LEBANON: 18 suspected ISIL militants indicted in Lebanon Lebanon has indicted 18 suspected members of the ISIL Takfiri militant group on charges of planning to set up an emirate in the north of the Arab country. The suspects, who were not identified and whose nationalities remain unknown, are also accused of attacks on Lebanese army soldiers besides plotting to occupy villages in the northern Dinniyeh region to establish an emirate. The charges are punishable by the death penalty. 15 of the individuals are on the run. Among the suspects is 46-year-old Ahmad Salim Miqati, who is a high-level operative for the ISIL; he goes by the noms de guerre Abu Bakr and Abu al-Hoda. He is accused of "taking part in operations against the army, inciting the murder of its troops, stirring sectarian strife and possessing arms and explosives." Miqati's arrest last week sparked 3 days of deadly clashes between Lebanese armed forces and gunmen in Lebanon's northern port city of Tripoli, situated 85 kilometers (53 miles) north of the capital Beirut. On Wednesday, Lebanese security forces exchanged fire with al-Qaeda-linked militants in the Bekaa Valley near the border with Syria. Local sources said the clashes erupted outside the towns of Deir al-Ghazal and Qusaya on Wednesday when al-Nusra Front militants tried to infiltrate into Lebanon from Syria. Over the past months, Lebanon has been suffering from terrorist attacks by al-Qaeda-affiliated militants as well as random rocket attacks, which are viewed as a spillover of the conflict in Syria. Syria has been gripped by deadly violence since 2011 with the ISIL Takfiri terrorists currently controlling parts of it mostly in the east and north. (source: Press TV) IRAN: 55 executed in less than 2 weeks Along with the anti-human crime of throwing acid into the faces of defenseless women in Iran, the wave of executions in the cities across the country has increased. In the span of 12 days (October 18 to 29) at least 55 prisoners have been executed in Iran. The real figure is much larger as the Iranian regime does not provide information on every execution being carried out in numerous prisons throughout the country. A group of 17 prisoners were secretly hanged on Monday (October 27, 2014) in city of Taybad in northeastern Iran and 47 others are on death row. These executions followed the hanging of a group of 8 inmates on October 18 in the same prison 10 more prisoners were secretly hanged in the central prison in the western city of Orumiyeh, including Ebrahim Choupani, a severely mentally disturbed prisoner who was hanged on October 29. 4 other prisoners were also hanged early in the morning of October 27 in the same prison after another group of 5 were hanged on October 18 in a different prison in the city known as Darya. At the insistence of regime's officials, Rayhaneh Jabbari, a 26-year-old student and decorator was executed on October 25 in Gohardasht Prison in the city of Karaj after suffering 7 1/2 years of imprisonment. Mohammad Ghorbanzadeh, a male prisoner, was also hanged along with Rayhaneh. In Rasht, according to the official website of Gilan's province's judiciary, 9 people were executed between October 18 and 25 in that province, including a citizen of Afghanistan who was hanged on October 18. A group of 6 prisoners were secretly hanged on October 23 in Adel Abad Prison in the city of Shiraz and 2 prisoners, including Dadkhoda Narouei, were secretly hanged in city of Kerman's Shahab Prison. On October 19, Fardin Ja'afarian, 18, was hanged in Tabriz. At the time of his arrest and alleged crime he was 14. This unlawful hanging severely violates many international conventions, including the Convention on the Rights of the Child. On that same day, a group of 8 prisoners were hanged in Ghezel Hessar Prison in Karaj. Also, on October 21, 8 other prisoners were transferred to isolation to await their execution. The Iranian regime - known by the people as the "Godfather of ISIS" - faced with the people's wrath and revulsion of the intensifying suppression in the country and particularly following the recent wave of throwing acid onto Iranian women and girls, has resorted to a surge in executions to increase intimidation and fear in society The executions are carried out with the approval and insistence of the most senior officials of this regime. Reacting to reports by international bodies condemning the violation of human rights in Iran, Sadegh Larijani, the head of the regime's Judiciary, said: "The more they attack us on the issue of human rights, the more resolute we become in carrying out the verdicts," to state-run YJC.ir affiliated to the Revolutionary Guards (IRGC) on October 15. In an interview with CNN, Mohammad Javad Larijani, the head of the regime's Supreme Council for Human Rights, brazenly said: "The report by Ahmed Shaheed [The UN Rapporteur on Situation of Human Rights in Iran] is neither credible nor objective. Yes, we do have executions in Iran, but the majority of them relate to narcotics and all the world, including the United States, and other Western communities, benefit from Iran's combat against narcotics. Therefore, the Western world should appreciate Iran's unilateral unrelenting war with narcotic crimes." Once again, the Iranian Resistance emphasizes that turning a blind eye to the international community regarding the catastrophic situation of human rights in Iran, will only embolden the criminals ruling that country. The only way to confront this savagery is through the adoption of a firm policy with regard to the religious dictatorship ruling Iran. (source: Secretariat of the National Council of Resistance of Iran) ****************** Iranian official blames Western media for woman's execution Iranian Human Rights Commissioner Mohammad Javad Larijani named Western media campaigns as one of the chief reasons that the Iranian judiciary failed to obtain consent from the family of the victim in the Reyhaneh Jabbari case. Larijani, who is in Geneva to attend the Human Rights Council Universal Periodic Review, told CNN on October 30 that Reyhaneh Jabbari's case was investigated for 7 years. The case was brought before several judges who were never convinced by her claim of self defence. "All the judges that sat on her case in the past 7 years have ruled that she has committed premeditated murder and her claims of self defence were not convincing," Larijani said. Jabbari was arrested at the age of 19 for the murder of Morteza Abdolali Sarbandi. She was hanged last Saturday after a series of mediation sessions with the family of the victim failed to yield a consent from the deceased's kin to forego their right to Qesas and release her from execution. Human rights activists had launched a campaign to stop her execution, drawing widespread media attention to Jabbari's case. (source: Radio Zamaneh) FIJI: Fiji to axe death penalty in military Fiji's Chief Justice says the newly elected government will abolish the death penalty from its military code next year. Anthony Gates told the United Nations Human Rights Commission in Geneva the punishment has indirectly remained in the military code as a legacy of the country's colonial history under the 1955 United Kingdom Army Act. He says Fiji the death penalty was abolished in relation to all criminal offences in 2001 and no one had been executed since the country's Independence 44 years ago. "I am pleased to announce today that in the next session of parliament in the new year the military code will be amended as a matter of priority to remove the reference of death penalty altogether." (source: Radio New Zealand) BANGLADESH: Amnesty International: Overturn Nizami's death penalty The death penalty is the ultimate cruel, inhuman and degrading punishment and can never be a way to deliver justice Amnesty International has urged Bangladesh to overturn the death sentence against Jamaat Chief Motiur Rahman Nizami. The UK-based rights group's Bangladesh Researcher Abbas Faiz made the call in a statement published on the organisation's website on Wednesday. Abbas Faiz said: "Bangladesh must overturn the death sentence against Motiur Rahman Nizami and all others." "The death penalty is the ultimate cruel, inhuman and degrading punishment and can never be a way to deliver justice." On Wednesday, the International Crimes Tribunal awarded the death sentence to Jamaat Chief Matiur Rahman Nizami for committing crimes against humanity during the Liberation War in 1971. The statement said: "The crimes committed during the independence war were horrific, and there is no question that victims deserve justice. But the death penalty only perpetuates the cycle of violence." "The death penalty is not only a violation of the right to life, but it is an irreversible punishment, if it leads to execution, and leaves no room to correct any possible judgment errors or fair trial violations from the proceedings." According to the statement, the verdicts, delivered by the ICT, targeted mainly those linked with the Jamaat-e-Islami, while the trials themselves were observed to be unfair. "The ICT is a unique opportunity for justice and reconciliation in Bangladesh. But in the face of consistent concerns raised by the defense team about the trials not being fair it will only have the opposite effect and create more resentment," the statement added. (source: Dhaka Tribune) INDIA: Voices against death penalty, from 1931 On October 30, 86 years ago, Lala Lajpat Rai received lethal blows at the hands of the British Police while protesting against the Simon Commission in Lahore. In less than a month, Rai succumbed to injuries, and the nation plunged into mourning. Some, like Bhagat Singh, vowed to do more than just mourn. To avenge his death, Singh, Rajguru and Sukhdev plotted and killed John Saunders, a British police officer. For this, and other 'acts of terror', the radical patriots were sentenced to death stoking a raging debate back home in Madras. According to reports in The Hindu, the city???s intelligentsia strongly lobbied against capital punishment, making it one of the few centres which championed this progressive stance so vociferously as far back as 1931. In a public meeting convened by the Madras Mahajan Sabha (MMS) on February 22, a resolution was passed seeking the commutation of Bhagat Singh's death sentence. More importantly, a plea to abolish judicial executions was put forth by S. Muthulakshmi who was chairing the meeting. She said, "One act of injustice cannot correct another, and (I) consider it a wrong and unjust law that takes away a life of a man because he had taken that of another." S. Narayanaswami Aiyar added "... as a people evolving towards a more humane and civilised state of existence, they must also see the relic of barbarism removed from the statute book." The reportage of the vernacular press brought up the question of fair trials. The Tamil newspaper Swadesamitran, for instance, wrote, "...the public demand is not without justification. The accused have been convicted by a Special Tribunal on the evidence of the prosecution alone. The accused did not get a chance to defend themselves or cross-examine the prosecution witnesses." Despite widespread support, Bhagat Singh and his comrades were sent to the gallows on 23 March 1931. In a public conclave organised on Tilak Ghat (Triplicane beach), Krishna Bai of the MMS underlined that by upholding the death sentence, the British Government was complicit in an act of brutality. "It means that the British Government stands for violence...the government stands self-condemned in this act." While the anti-death penalty campaign gained momentum in the State in an institutionalised way in the early 1990's (in the aftermath of Rajiv Gandhi's assassination), the precedent had been set much before independence. (source: The Hindu) CHINA: China upholds death penalty for 3 who led mass stabbing in Kunming; Intermediate court rejects appeals by terrorists convicted over railway station incident in which 31 people were killed A Chinese appeal court has upheld death sentences for 3 people convicted over a mass stabbing this year in which 31 people were killed, say state media. "The higher people's court of Yunnan province rejected Hasayn Muhammad's appeal and upheld the penalty meted out by the Kunming municipal intermediate people's court last month," Xinhua said in a dispatch from Kunming. The intermediate court in the south-western Chinese city had convicted and sentenced to death Muhammad and 2 others, Iskandar Ehet and Turgun Tohtunyaz, for "leading a terrorist group" that planned and carried out the attack at the city's railway station on 1 March. Though Xinhua mentioned only Muhammad's appeal, it said the court upheld the sentences of the other 2 men as well. In a separate report on its website, Xinhua said the court upheld a term of life in prison for a pregnant woman also convicted for taking part in the attack. The next step in the judicial process is for the death sentences to be reviewed by China's supreme court. More than 140 people were injured during the incident in Kunming, in the south-western province of Yunnan; state media called it "China's 9/11". Beijing blamed the mass knifing on "separatists" from the resource-rich far western region of Xinjiang, where at least 200 people have died in attacks and clashes between locals and security forces over the past year. It was the biggest ever violent incident against civilians outside the region. Incidents have grown in scale and sophistication and have spread outside the restive area since late last year. Rights groups accuse China's government of cultural and religious repression which they say fuels unrest in Xinjiang, bordered with central Asia. China defends its policies, arguing that it has boosted economic development in the area and that it upholds minority and religious rights in a country with 56 recognised ethnic groups. (source: The Guardian) From rhalperi at smu.edu Fri Oct 31 16:30:45 2014 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 31 Oct 2014 16:30:45 -0500 Subject: [Deathpenalty] death penalty news----Urgent Action 271/14 - Saudi Arabia: Cleric Sentenced to Death After Flawed Trial Message-ID: SAUDI ARABIA: CLERIC SENTENCED TO DEATH AFTER FLAWED TRIAL? Prominent Saudi Arabian Shi?a Muslim cleric Sheikh Nimr al-Nimr has been sentenced to death on vague charges and after a deeply flawed trial. His conviction must be quashed and he should be released immediately in relation to these charges. View the full Urgent Action, including case information, addresses and sample messages, here. Sheikh Nimr Baqir al-Nimr was sentenced to death by the Specialized Criminal Court in Riyadh, the capital, on 15 October for a list of offences including ?disobeying and breaking allegiance to the ruler?, ?calling to overthrow the regime?, ?calling for demonstrations?, ?inciting sectarian strife?, ?questioning the integrity of the judiciary?, ?meeting with and supporting wanted suspects?, and ?interfering in a neighboring state?s affairs? (in reference to Bahrain). Evidence for the charges that Sheikh Nimr al-Nimr was convicted of came from religious sermons and interviews attributed to the cleric. Amnesty International?s review of these texts confirms that he was exercising his right to free expression and was not inciting violence. A number of charges, including disobeying the ruler, should not be offences at all as they criminalize the peaceful exercise of the right to freedom of expression and other human rights. Other charges are vague and have been abused here to punish the exercise of human rights. The trial that commenced at the Specialized Criminal Court on 25 March 2013 was also deeply flawed. The cleric was denied the most basic needs to prepare for his defense, including regular access to his lawyer and a pen and some paper to respond to the charges. Key eyewitnesses were allowed not to testify in court in violation of Saudi Arabian laws, and his lawyer was not informed of the dates of a number of court hearings. Sheikh Nimr al-Nimr, who is the Imam of al-Awamiyya mosque in al-Qatif, eastern Saudi Arabia, was arrested without an arrest warrant on 8 July 2012 when security officers forced his car to stop and shot him when he refused to accompany them. He spent most of his detention in solitary confinement in military hospitals and in al-Ha?ir Prison in Riyadh. He has been paralyzed in one leg because of the incident leading to his arrest and needs urgent medical attention to remove a second bullet in his back. ADDITIONAL INFORMATION? Saudi Arabians in the Kingdom?s predominantly Shi?a Eastern Province have long claimed discrimination and harassment against them by the authorities. Inspired in part by protests that swept the Middle East and North Africa region in 2011, they organized demonstrations to protest at the harassment, arrest, and imprisonment of members of the Shi?a community for, among other things, celebrating Shi?a religious festivals, breaching restrictions on building Shi?a mosques and religious schools, and expressing support to protestors in Bahrain. View the full Urgent Action here. Name: Sheikh Nimr Baqir al-Nimr (m) Issues: Death penalty, Freedom of expression, Unfair trial UA: 271/14 Issue Date: 31 October 2014 Country: Saudi Arabia Please let us know if you took action so that we can track our impact! EITHER send a short email to uan at aiusa.org with "UA 271/14" in the subject line, and include in the body of the email the number of letters and/or emails you sent. OR fill out this short online form to let us know how you took action. Thank you for taking action! Please check with the AIUSA Urgent Action Office if sending appeals after the below date. If you receive a response from a government official, please forward it to us at uan at aiusa.org or to the Urgent Action Office address below. HOW YOU CAN HELP Please write immediately in English, Arabic or your own language: * Calling on the Saudi Arabian authorities to quash the conviction and death sentence of Sheikh Nimr Baqir al-Nimr and release him immediately in relation to these charges; * Urging them to provide him with adequate medical treatment; * Urging them to establish immediately an official moratorium on all executions with a view to abolishing the death penalty in Saudi Arabia. PLEASE SEND APPEALS BEFORE 12 DECEMBER 2014 TO: King and Prime Minister King Abdullah bin Abdul Aziz Al Saud The Custodian of the two Holy Mosques Office of His Majesty the King Royal Court, Riyadh Kingdom of Saudi Arabia Fax: (via Ministry of the Interior) 011 966 11 403 3125 (please keep trying) Salutation: Your Majesty And copies to: President, Human Rights Commission Bandar Mohammed ?Abdullah al-Aiban Human Rights Commission PO Box 58889, Riyadh 11515 King Fahad Road Building No.373, Riyadh Kingdom of Saudi Arabia Fax: 011 966 11 461 2061 Email: hrc at haq-ksa.org Minister of Justice His Excellency Sheikh Mohammed bin Abdulkareem Al-Issa Ministry of Justice University Street Riyadh 11137 Kingdom of Saudi Arabia Fax: 011 966 11 401 1741 011 966 11 402 0311 Salutation: Your Excellency Also send copies to: Ambassador Adel A. Al-Jubeir, Royal Embassy of Saudi Arabia 601 New Hampshire Ave. NW, Washington DC 20037 Fax: 1 202 944 5983 ?I ?Phone: 1 202 342 3800 ?I ?Email: info at saudiembassy.net Please share widely with your networks:?http://bit.ly/1DDCDxl UA Network Office AIUSA ?600 Pennsylvania Ave SE, Washington DC 20003 T. 202.509.8193 ? F. 202.509.8193 ?E. uan at aiusa.org ?amnestyusa.org/urgent