[Deathpenalty] death penalty news----COLO., UTAH, USA, US MIL.
Rick Halperin
rhalperi at smu.edu
Tue Oct 14 14:18:55 CDT 2014
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)
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