[Deathpenalty] death penalty news----FLA., KY., ARK., COLO., CALIF., USA

[Rick Halperin]

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)