[Deathpenalty] death penalty news----ILL., KAN., COLO., ARIZ., IDAHO, ORE.

[Rick Halperin]

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)