[Deathpenalty] death penalty news----TEXAS, PENN., N.C., OHIO, KY., IND., TENN.

[Rick Halperin]

Sept. 17



TEXAS----impending female execution

Lisa Ann Coleman is set to become the 1st Tarrant County woman put to death in 
more than 3 decades


Despite a flurry of last-minute appeals, it appears the execution of Lisa Ann 
Coleman will proceed on Wednesday night at the Texas State Penitentiary 
Huntsville Unit.

Coleman will be the 1st woman put to death from Tarrant County since the death 
penalty was reinstated in 1982.

She was convicted in 2006 of starving her girlfriend's 9-year-old son Devontae 
Williams to death.

The dead boy's mother, Marcella Williams, later pleaded guilty and received a 
life sentence.

Coleman's former defense attorney Fred Cummings said the case serves as a good 
example of why capital punishment needs reform.

"Williams had a long history with CPS; she was the boy's mother. She was as 
culpable in the death of Devontae Williams as my client, and that is what seems 
unfair," Cummings said.

Cummings, who was once a prosecutor, told News 8 in a recent interview that he 
remembered the case well.

The defense team tried to convince jurors that Coleman didn't deserve to die, 
but that proved difficult when they saw graphic photos of Devontae weighing 
only 35 pounds and severely emaciated.

"The photographs of this poor child were so overwhelming, we couldn't overcome 
that with the jury," he said. "What more could I have done to keep this from 
happening? And that is going to be something I will always think about."

Cummings also noted that Coleman had a prior criminal history, while Williams 
only had a record with Child Protective Services.

The Coleman family declined to comment through their current attorneys.

An appeal filed with the 5th Circuit Court this week was denied. A certiorari 
petition and stay request was submitted to the U.S. Supreme Court Tuesday 
afternoon.

The Texas Board of Pardons and Parole has also voted against clemency in the 
case.

Dixie Bersano, who helped prosecute Coleman in 2006, told News 8 in a 
statement:

This 9-year-old child suffered a horrific death at the hands of Lisa Ann 
Coleman. Davontae died of malnutrition, a slow and cruel process. There was not 
an inch on his body that had not been bruised or scarred or injured. The jury 
assessed the appropriate punishment.

According to court documents, when paramedics responded to Coleman and 
Williams' Arlington apartment in 2004 they found Devontae "clad only in 
bandages and a diaper [and] so 'emaciated and underweight' that it was 
'shocking.'" The boy weighed only 35 pounds when his body was found in July, 
2004.

Cummings said the 2 women didn't know how to care for Davontae, who had 
behavioral problems.

(source: WFAA News)

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

Death penalty withdrawn in Dixon capital murder case


The Lubbock County District Attorney's Office is no longer seeking the death 
penalty in the capital murder case of Thomas Dixon, according to a spokesperson 
with the 140th district judge's office.

The DA's office withdrew its intent to seek the death penalty in August, the 
spokesperson said.

Dixon, 50, is an Amarillo doctor accused in the 2012 murder-for-hire plot 
against a romantic rival in Lubbock.

He is being held at the Lubbock County Detention Center on a charge of capital 
murder.

The punishment for capital offenses include the death penalty or life 
imprisonment.

Dr. Joseph Sonnier was found dead at his Lubbock home in 2012. He was shot and 
stabbed, according to an arrest warrant.

The 57-year-old chief pathologist at Covenant Health System in Lubbock was 
dating Dixon's ex-girlfriend when he died.

David Neal Shepard admitted to killing Sonnier and pleaded guilty in November. 
He was sentenced to life in prison without parole.

Prosecutors are accusing Dixon of paying Shepard three silver bars worth $3,000 
each for killing Sonnier.

Investigators described Dixon and Shepard as business associates.

Shepard's roommate called police after he said Shepard admitted killing 
Sonnier.

The case is expected to go to trial in late October.

Judge Jim Bob Darnell issued a news media gag order on the parties of the case 
prohibiting them from speaking to the media about the case.

The district attorney's office filed its intent to seek the death penalty in 
the case in October 2013.

A spokesperson for Darnell's office could not say why the death penalty 
sentence was withdrawn.

(source: Amarilla Globe-News)






PENNSYLVANIA:

Rethink executions


Nearly surrounded by states that wisely have scrapped the death penalty - and 
with ample concerns already raised about the fairness and risk for error in 
sentencing defendants to death row - Pennsylvania has encountered another 
compelling reason to join its progressive neighbors.

The inability of state prison officials to acquire lethal-injection drugs last 
week prompted Gov. Corbett to temporarily stay the execution of Hubert L. 
Michael Jr., the confessed murderer of a York County teenager two decades ago.

Far from being a question of merely finding a drugstore that carries the fatal 
cocktail that has been used ever since the electric chair was outlawed as cruel 
and unusual punishment, there is no current supplier of a key drug.

In large part, that's due to growing controversy over botched executions such 
as one in Oklahoma in April, where a condemned man convulsed for nearly 45 
minutes before dying.

Legal advocates for death-row inmates rightly are focusing on whether such 
executions violate constitutional standards barring such punishment. But while 
those challenges work their way through the courts, it's clear that such 
mundane - if macabre - practicalities in operating the machinery of death ramps 
up what might be called the hassle factor in maintaining a system of capital 
punishment. It's already well-established that death row is inordinately more 
expensive than the more reasonable alternative of sentencing the worst 
criminals to life in prison without parole. The cost of interminable appeals, 
much of it borne by taxpayers on behalf of indigent defendants, runs into the 
millions for every death-penalty case.

That applies even in those rare instances where inmates eventually halt all 
appeals. Maryland Gov. Martin O'Malley cited these costs, along with ample 
evidence that the death penalty serves as no deterrent, when his state joined 
New Jersey and New York in outlawing executions.

Beyond the expense, especially in Pennsylvania, is the risk for error, and the 
stark statistics that defendants who are poor and black or brown stand the best 
chance of being sent to death row. The state has has seen dozens and dozens of 
inmates reprieved from death row by virtue of appeals concerning their legal 
representation or, though more rare, new evidence exonerating them.

As a result of the many doubts about the fairness of the death penalty, a 
bipartisan legislative panel has been reviewing the state's capital punishment 
system. Its leaders have urged that no executions occur until their report is 
ready - a sensible plea that so far has fallen on deaf ears in Harrisburg.

Fortunately, however, the logistical problems in carrying out lethal injections 
offer another chance for state leaders to do the right thing. That is, to enact 
a moratorium on executions, and continue the careful review that should make an 
ironclad case for outlawing capital punishment in Pennsylvania.

(source: Opinion; philly.com)

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

Pennsylvania death row inmate asks federal judge for stay of execution


A Blair County man to be executed for 3 1st-degree murder convictions asked a 
federal judge on Monday to stay his execution by Pennsylvania while he appeals 
his sentences.

Miguel Padilla, 34, of Gallitzin plans a federal challenge of the 
constitutionality of his convictions and sentence, said the brief filed by 
Marshall Dayan, an assistant federal public defender who specializes in death 
penalty appeals.

He's also asking for the court to appoint an attorney to handle his final 
appeal and waive his filing fees.

Gov. Tom Corbett on Monday signed the death certificate for Padilla.

Padilla's state appeals ran out in June when the Supreme Court refused to hear 
his challenge of lower court decisions upholding his convictions.

A Blair County jury in 2006 convicted the construction worker of killing three 
people at an Altoona social club after his friend was denied admittance. 
Padilla fatally shot Alfred Mignogna, 61, owner of the United Veterans 
Association Club; Fredrick Rickabaugh Sr., 59, the club doorman; and Stephen M. 
Heiss, 28, a club patron.

The Mexican government tried to intervene in the state appeals because Padilla 
had been in the United States illegally since he was about 9 years old. The 
state Supreme Court in 2008 denied Mexico's petition.

(source: triblive.com)






NORTH CAROLINA:

NC Conservative Group Wants Death Penalty Reviewed


A conservative group is calling on state lawmakers to take another look at the 
death penalty.

The group NC Conservatives Concerned About the Death Penalty said the General 
Assembly should re-evaluate capital punishment in light of some recently 
vacated murder cases.

2 weeks ago, 2 half brothers were released after new d-n-a evidence cleared 
them of a murder. One was the longest serving death row inmate in the state.

Last year, Republicans in the legislature passed a law designed to resume 
executions after years of delays.

(source: Time Warner Cable News)






OHIO:

Opening statements given in Akron death penalty trial delayed by accusations of 
judge's bias


Text messages and a fingerprint will be presented during the capital murder 
trial of 1 of 2 men accused in quadruple homicide.

Deshanon Haywood, 22, faces the death penalty if convicted of the aggravated 
murder of four people on April 18, 2013, at a townhome on Kimlyn Circle.

Opening statements in the case began on Monday.

The case against Haywood was postponed in June when prosecutors accused Summit 
County Common Pleas Judge Mary Margaret Rowlands of being biased against the 
death penalty in this case.

Rowlands ultimately recused herself, and the case is being presided over by 
Judge Paul Gallagher.

In opening statements Monday, Assistant Summit County Prosecutor Joe Dangelo 
said witnesses will testify that they drove to the townhome with Haywood, 22, 
and Derrick Brantley, 22, who is serving four consecutive life sentences for 
aggravated murder in the case.

He is accused of trying to rip off heroin dealer Ronald Roberts, 24. Haywood 
and Brantley then fatally shot Roberts, as well as Kem Delaney, 23, Maria Nash, 
19, and Kiana Welch, 19 - at least once in the back of the head, prosecutors 
said.

Dangelo said investigators found Haywood's thumb print on a shoe box found on 
the kitchen counter that contained heroin and a drug scale. He said text 
messages show Brantley told Haywood he planned to shoot 1 of the men found 
dead.

Defense attorney Brian Pierce said another man, Isaac Love, who alerted police 
to the dead bodies, bought a shipment of 100 grams of heroin for himself and 
Roberts the night before the killings.

He also said that several of the prosecutor's witnesses lied to police during 
interviews and that Haywood's DNA was never found inside the basement. Pierce 
also pointed out were sent from Brantley, not Haywood, and that Haywood's phone 
at the time was off and couldn't receive the messages.

(source: cleveland.com)

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

Jury to hear death penalty case in Trumbull County


A Trumbull county jury will hear testimony on whether 1 man should be put to 
death for his crime.

On September11th, David Martin was found guilty on all 8 counts in the shooting 
death of 21 year old Jeremy Cole.

Today, the same jury that convicted Martin will begin proceedings to determine 
if he will receive the death penalty.

Martin was convicted for shooting Jeremy Cole execution style and wounding 
Melissa Putnam during what investigators say was an attempted robbery in 2012.

Martin was found guilty on all 8 counts including aggravated murder, aggravated 
robbery and kidnapping.

Martin is currently serving a 21 year sentence in prison after being linked to 
a drug and weapons pipeline between Warren and Detroit. He is also allegedly 1 
of the inmates who held a Trumbull County deputy hostage back in April.

(source: WFMJ news)






KENTUCKY:

High court to hear pivotal death penalty case


Deborah Pooley hadn't a clue the horror that awaited her when she parked her 
car outside her Covington apartment the night of May 29, 1987.

At 36, she was set on making a fresh start after a few years in Miami, Florida, 
had a boyfriend, a manager's position at Barleycorn's Yacht Club and plans to 
care for her parents in Hamilton, as they grew older.

Instead, her life would come to a grisly end, and her death would lead Kentucky 
into a fierce debate over justice, the state's death penalty and who should die 
by it.

For 26 years Gregory L. Wilson has sat on death row for kidnapping, raping and 
murdering Pooley, assisted by his then-girlfriend Brenda Humphrey, who is 
serving a life sentence with a chance at parole in 2017.

But now, a new twist may change what is written in history, and add fuel to the 
ongoing debate over capital punishment, currently on hold in the Bluegrass 
State because of legal challenges by Wilson and others.

The Supreme Court of Kentucky has agreed to take another look at the case to 
determine whether Wilson had inadequate representation more than a quarter 
century ago, and if a full review of DNA evidence should be conducted.

They are scheduled to hear oral arguments on Oct. 16.

Wilson's attorneys, some of the leading public defenders in the state, argue 
Wilson didn't get the chance to prove he didn't kill Pooley or rape her. 
Someone else, they suggest, has gotten away with murder for a quarter century.

Attorneys argue Wilson never got fair shot

Depending on whom you ask, Wilson's initial conviction was either solid or a 
"charade," as one federal judge put it, and with the filing of this case, 
Wilson's attorneys are asking the Supreme Court of Kentucky to decide, said 
Michael J. Zydney Mannheimer, a professor of law at Northern Kentucky 
University.

Depending on the outcome, it could spell another appeal for Wilson, Mannheimer 
said, and possibly his eventual exoneration of the murder and rape charges.

"If everything is true about what his trial council did ... it would strengthen 
the (Kentucky court) system to give Mr. Wilson a new trial," said Mannheimer, 
who served as a co-chair for the American Bar Association's Kentucky Death 
Penalty Assessment Team, and "weakens the case for executing him."

On that night in 1987, Pooley stepped out of her car and was approached by 
Wilson and Humphrey, according to the facts established at trial. They intended 
to rob her, forcing Pooley back into her car at knifepoint.

Humphrey testified that Wilson raped Pooley in the backseat as Humphrey drove. 
Wilson then bound Pooley's arms with a lamp cord and strangled her to death 
before they drove across the Indiana line and dumped her naked body in a wooded 
area. The couple used Pooley's credit cards to go on a shopping spree, where 
they bought watches and shoes.

Wilson's lawyers, led by Louisville's chief public defender Daniel Goyette, 
wrote in a brief to the court that Wilson was "represented by attorneys who did 
nothing to prepare for trial."

He points to reviews by a U.S. Circuit Court of Appeals judge and the American 
Bar Association reported the trial court sought representation for Wilson by 
hanging a sign on the courtroom door that read "PLEASE HELP. DESPERATE. THIS 
CASE CANNOT BE CONTINUED AGAIN."

Ultimately, one of Wilson's attorneys had never tried a felony and the other 
was a semi-retired lawyer who volunteered as lead counsel for free, 'though he 
had no office, no staff, no copy machine and no law books,'" according to the 
ABA review.

Wilson's legal team neglected to cross examine the "jailhouse snitch," who 
claimed Wilson confessed to the murder and then got special treatment, Goyette 
wrote. Nor did they call co-defendant Brenda Humphrey's sister to the stand, 
though it was believed Humphrey confessed to her sister that she had killed 
Pooley herself.

A full review of the available DNA evidence could further prove that Wilson did 
not rape or murder Pooley, argues Goyette, who did not return a call from The 
Enquirer.

Attorneys for the state: Wilson has had plenty of chances

Lawyers for the Kentucky Attorney General's Office will argue against Wilson to 
the Supreme Court and say Wilson has had ample and equitable opportunity to 
challenge the jury's verdict 26 years ago.

"The Pooley family has waited for justice for Debbie while Wilson pursued 
multiple post conviction and civil remedies," Attorney General Jack Conway 
wrote in Commonwealth's brief, adding later that "Wilson only seeks to muddy 
the waters in this case."

Conway and Assistant Attorney General Heather Fryman argue that Wilson - who 
had previous rape convictions in Ohio - has done everything possible to delay 
his death, including claiming he is mentally deficient and then reversing his 
claim. Conway also accuses Wilson of using stall tactics.

DNA evidence, even if it does not belong to Wilson, will not definitively prove 
whether Wilson is guilty or innocent 26 years later, Conway argues.

"The overwhelming evidence of Wilson's guilt was not scientific," 
Commonwealth's attorneys wrote, noting testimony by Humphrey and his cell mate, 
items Wilson possessed that had been bought with Pooley's credit cards and 
more.

"Wilson raped and killed Debbie Pooley because he wanted to rob someone and she 
was in the right place at the right time," the legal brief concludes.

The AG's office declined a request to discuss the case, as "it would be 
inappropriate ... to comment on ongoing litigation," said office spokesman 
Daniel Kemp.

Attempts to reach Pooley's family were unsuccessful.

Legal expert: Wilson case symbolic of death row debate

The Supreme Court has agreed to hear oral arguments on Oct. 16, adding another 
chapter to the case, which has become one of the most pivotal death penalty 
cases in Kentucky history.

Mannheimer finds this case an example of a classic problem in death penalty 
cases across the United States.

"We put more resources into the back end of the process than into the front 
end," Mannheimer said. "Now 26-27 years later, we are still litigating this. It 
would be a lot better if we had competent attorneys at the front end."

Kentucky could do this by setting higher standards for attorneys who defend 
someone facing the death penalty, said Mannheimer, who notes that the bar is 
higher today than it was in the late 80s.

But questions, like some of those presented in this case, are indicative as to 
why the death penalty is so controversial right now in Kentucky, Mannheimer 
said.

"If everything is true about what his trial council did ??? and nobody seems to 
be disputing the fact they did little in way of investigating - it would 
strengthen the (Kentucky court) system to give Mr. Wilson a new trial."

(source: cincinnati.com)






INDIANA:

State to seek death penalty for suspected cop killer


Lake County prosecutors plan to seek the death penalty against a man accused of 
killing Gary Patrolman Jeffrey Westerfield, according to court records.

An amended information was filed Tuesday against Carl L. Blount, which adds a 
death sentence request in the homicide of Westerfield, according to court 
records.

Blount is scheduled to appear in Lake County Criminal Court on Wednesday and 
will be told about the amended information, according to court records.

Blount, 26, of Gary, was charged with murder July 24 and remains in the Lake 
County Jail without bail.

Westerfield, 47, was shot to death while sitting in his patrol car early July 6 
in the 2600 block of Van Buren Place in Gary, police said. Westerfield was in 
the area searching for Blount, a suspect in an earlier domestic disturbance, 
according to court records.

Blount's half-brother, Dontae Blount, told police Carl Blount admitted to 
shooting the officer, according to the affidavit. Dontae Blount said his 
brother appeared intoxicated and admitted to the shooting during an emotional 
outburst.

Carl Blount allegedly told his brother he shot Westerfield while the officer's 
attention was diverted, according to the affidavit.

Carl Blount was seen running near the crime scene on surveillance video from a 
day care center, according to the affidavit.

He admitted to being the man in the video but has denied being the shooter, 
according to court records.

Lake County's last death penalty murder case was against Kevin C. Isom, 48, who 
received 3 death sentences in March 2013 for killing his wife and 2 
stepchildren in their Gary home. The case cost about $750,000, according to 
county officials.

(source: NWI Times)


TENNESSEE:

Irick seeks to postpone execution


Billy Ray Irick wants to put off his date with the executioner.

Irick, 56, is set to die Oct. 7 by lethal injection for the 1985 rape and 
murder of a 7-year-old Knoxville girl. But on Monday, Irick's attorneys filed a 
motion to have the date pushed back because of an ongoing lawsuit.

Irick is among 11 death row inmates suing Tennessee over the secrecy 
surrounding its lethal injection procedures. That lawsuit is on hold while they 
await a decision from the Tennessee Court of Appeals over whether the state 
must turn over the identities of its execution team.

Irick's motion on Monday to the Tennessee Supreme Court argued that the lawsuit 
is still 6 to 8 months away from being fully decided and that going forward 
with the execution before those matters conclude would violate his rights.

"Such an order would merely reset the date of Irick's execution to ensure that 
the state does not execute a man in an unconstitutional manner on Oct. 7," the 
motion reads.

The state filed a motion Tuesday opposing Irick's request to postpone his 
execution.

"The state of Tennessee should be allowed to 'execute its moral judgment in 
[this] case' and allow 'the victims of crime [to] move forward knowing the 
moral judgment will be carried out,'" the state wrote in its response.

Just last week, the Tennessee Department of Correction began taking 
applications for media witnesses to Irick's execution, which would be the first 
since 2009. It's all part of an unprecedented push last year to kick-start the 
state's long-dormant death penalty.

Irick has been on death row since 1986.

(source: The Tennessean)