[Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA. LA., OHIO

[Rick Halperin]

Sept. 23



TEXAS:

Jury Selection Begins In Kaufman Murders; Many Unhappy Trial Moved


Prosecutors and defense attorneys began interviewing the 1st 3 potential jurors 
in the upcoming Eric Williams murder trial, which made national headlines last 
year.

Eric Williams, the former Kaufman County Justice of the Peace, faces the death 
penalty if convicted of killing District Attorney Mike McLelland, wife Cynthia, 
and Assistant District Attoryney Mark Hasse.

While the trial will be held in neighboring Rockwall County, people in Kaufman 
are still not happy a judge moved the case out of their hometown.

At the "It's Better Than Good Southern Kitchen" in the Kaufman town square,? 
owner Sandy Miller insists residents could have given Williams a fair trial.

Miller says, "It happened here in our town, it happened to our people and we 
feel it should have been done here." Brandi Hudlow agrees. "It's all over 
Facebook, people talking, you know at Starbucks."

But at the "Genuine Jake Life is Good" store in the square surrounding the old 
Rockwall County courthouse, owner Larry Hullett says he can understand why they 
moved the trial there. "Of course you're going to have a bigger pool to pull 
from in Rockwall. I don't think they'll have a problem finding 12 people who 
can judge accurately without bias."

Peter Schulte, a defense attorney in Dallas says both sides have to be careful 
when picking a jury.

"There's a lot of jurors out there that want there to be absolutely no doubt 
before they give the death penalty vs. Some jurors who say well, if they prove 
their case, I'll approve it."

Each potential juror can be interviewed for up to 2 hours. It may take up to 6 
weeks to seat a jury."

The trial is scheduled to begin in Rockwall December 1.

Back in Kaufman, time may have passed by, but the emotions haven't yet eased.

Sandy Miller says, "We don't want this to define Kaufman, Texas. It's a 
horrible tragedy, but we're more than that." She became emotional when she 
said, "Small town life is the best life you can have because everybody knows 
everybody."

(source: CBS news)

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

How long does it take for justice?


According to the state of Texas, this is why Brittany Holberg sits on death 
row: "Holberg robbed and murdered an 80-year-old white male in his home. The 
victim was struck with a hammer and stabbed nearly 60 times. The weapons used 
were: a paring knife, a butcher knife, a grapefruit knife and a fork. A lamp 
pole had been shoved more than 5 inches down the victim's throat."

According to the state of Texas, this is why Brent Ray Brewer sits on death 
row: "(The owner) of Amarillo Floor Company was approached by Brewer and (a) 
co-defendant ... outside his business and asked if he could give them a ride to 
the local Salvation Army Office. While en route, Brewer produced a knife and 
stabbed (the victim) to death. Brewer and (the co-defendant) took (the victim's 
) wallet containing $140 in cash and fled to the apartment of a friend, where 
they changed their bloody clothing. Brewer suffered a deep cut to his palm 
during the assault and was driven to a hospital for treatment. He and (the 
co-defendant) then fled to Red Oak, Texas, where they were arrested on May 8, 
1990."

Holberg has been living on death row since 1998; Brewer since 1991. That is 
almost 40 years combined for this pair of convicted murderers out of Randall 
County.

How long should it take for justice to be served?

Holberg and Brewer had requests for new trials denied last week by Texas Court 
of Criminal Appeals, but justice still waits.

Fortunately, as far as justice is concerned, the court did not buy the claim by 
Holberg's attorneys of ineffective legal counsel (basically) that prevented her 
from receiving a life sentence. This seems the standard method of those pulling 
every legal maneuver to prevent capital punishment - that the convicted 
received inadequate legal representation.

Interestingly, during the lengthy and expensive appeals process, we rarely hear 
that the convicted did not commit the horrible and heinous crime for which they 
sentenced to the death penalty.

In the cases of Holberg and Brewer, there is no doubt of their guilt. Their 
crimes resonate for those who have lived in the Amarillo area for decades.

We ask the question again - how long does it take for justice to be served?

(source: Editorial, Amarillo Globe-News)

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

Petition asks DA to drop charges in cop's death----Guy faces death penalty in 
May shootout in Killeen


An online petition is asking the Bell County district attorney to drop a 
capital murder charge against the man accused of fatally shooting a Killeen 
police officer May 9.

According to police, Marvin Louis Guy, 49, fired on Killeen SWAT officers who 
were attempting to serve a "no-knock" narcotics warrant at his Killeen 
apartment about 5 a.m. Officers were beginning to breach a window when Guy 
fired from inside the home, hitting 4 officers. Detective Charles "Chuck" 
Dinwiddie was hit in the face and died May 11.

Guy was charged with capital murder in connection with Dinwiddie's death, as 
well as 3 counts of attempted capital murder for allegedly firing on the other 
officers during the shootout.

The online petition, started by Brandy Cooper of Rochester, N.Y., had 87 
signatures as of Monday afternoon. The petition argues Guy was acting in 
self-defense when he fired on officers, possibly mistaking them for intruders.

An arrest affidavit from the Killeen Police Department stated officers 
announced themselves before entering Guy's apartment.

"Unfortunately, Officer Dinwiddie died from his injuries," the petition reads. 
"But that doesn't change that Guy was acting in what he believed was 
self-defense."

Cooper, a 32-year-old undergraduate student looking to study law, said she 
started the petition after reading about Guy's case online.

"I wanted to bring more attention to it," she said.

The May 9 shooting sparked heated debate across the county on online blogs and 
chat forums about the controversial use of "no-knock" police raids, and Texas' 
self-defense and use-of-force laws.

Local attorney Jeffrey Parker, who does not represent Guy, said when it comes 
to Texas law, the criteria for justifiable deadly force is complex.

"The law states: 'A person is justified in using force against another when and 
to the degree the actor reasonably believes the force is immediately necessary 
to protect the actor against the other's use or attempted use of unlawful 
force," Parker wrote in an email to the Herald. "The statute then lists several 
examples of when self-defense is allowed, and several examples of when 
self-defense is not allowed. Case law, naturally, also creates tons of 
exceptions and additions."

The petition points to the case of Henry Magee, who shot and killed a Burleson 
County deputy during a police raid at his rural home in December. Magee was 
charged with capital murder, but a Texas grand jury chose not to indict him on 
the charge in February.

"It is always a tragic, unfortunate event when anyone loses their lives, 
especially in the line of duty," the petition stated. "But how can we 
essentially say that one person was defending themselves and another was 
committing murder, under such similar circumstances?"

Henry Garza, Bell County district attorney, said his office had not received 
the petition. Garza said the charges against Guy were brought after a careful 
and thorough review of the evidence.

"Decisions of this nature are made upon the facts and evidence in our 
possession," Garza said. "I have reviewed all those facts and evidence in the 
determination to take action to seek the death penalty in this case."

(source: KDH news)






PENNSYLVANIA:

Death penalty eyed in Somerset County killing


The Somerset County district attorney plans to seek the death penalty against a 
Windber man accused of fatally shooting his pregnant girlfriend on May 31 and 
causing the death of her unborn daughter, state police at Somerset said on 
Monday.

District Attorney Lisa Lazzari-Strasiser has scheduled a news conference on 
Wednesday at the state police barracks in Somerset to announce that she intends 
to seek the death penalty against Denver Roy Blough, 35, state police said.

Lazzari-Strasiser could not be reached for comment on Monday.

Blough is accused of murdering Caressa M. Kovalcik, 23, who was nine months 
pregnant when she was shot in the head on May 31 in the couple's Windber 
apartment. Her child, Abrianna L. Kovalcik, died at Children's Hospital of 
Pittsburgh on June 20. The baby lived for 20 days after being delivered via an 
emergency Caesarean section after Kovalcik was shot.

Blough told police his 20-gauge shotgun discharged into Kovalcik's face when he 
took the barrel assembly to their kitchen to show her, according to the 
affidavit filed against Blough. The couple's 11-month-old son, Denver Jr., was 
in the apartment at the time.

The Allegheny County Medical Examiner's Office said on Monday the cause of the 
baby's death is pending a decision by Cambria County Coroner Dennis 
Kwiatkowski, whose office performed an autopsy. Kwiatkowski could not be 
reached for comment on Monday.

Blough is scheduled for an arraignment Sept. 29 before Somerset County 
President Judge John M. Cascio on 2 counts each of criminal homicide, 
aggravated assault and simple assault. He remains held without bail in the 
Somerset County Jail.

Somerset County Public Defender William R. Carroll, whose office is 
representing Blough, could not be reached for comment on Monday.

(source: triblive.com)

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

Prosecutor seeking death penalty against Windber man who killed pregnant 
girlfriend and baby


A prosecutor will pursue the death penalty against a Windber man jailed on 
charges that killed his pregnant girlfriend and her baby.

Somerset County District Attorney Lisa Lazzari-Strasiser called a news 
conference to announce her decision Monday to pursue the death penalty against 
25-year-old Denver Blough.

23-year-old Caressa Kovalcik died after police said Blough shot her in their 
Windber apartment on May 31.

Kovalcik, who was 8 1/2 months pregnant, delivered by C-section shortly before 
she died.

Her baby died June 20 of complications from the shooting.

A coroner ruled the baby suffered from a lack of oxygenated blood.

Blough remained jailed Monday on 2 counts of criminal homicide and other 
charges in the shooting, which he has said was an accident.

(source: Associated Press)






NORTH CAROLINA:

Victim's family calls for convicted murderer to remain on death row


A local death row inmate, Shan Carter, who has been convicted with several 
counts of first degree murder, is coming back to court this week to ask for a 
new trial in an attempt to avoid the death sentence, but family members of the 
victims want him to stay there.

Carter currently faces two death sentences after being convicted of murder in 
the killings of 8-year-old Demetrius Greene and Tyrone Baker in 1997. The 
memory of a little boy will live as the namesake of a Wilmington park. The boy 
was caught in the crossfire of a drug-related incident.

On Friday, the outdoor commons area on the 9th Street side of Jervay Place was 
dedicated to Demetrius Greene. The park is located near the point where Greene 
died.

He was also convicted of killing Wilmington resident Donald Brunson. Several 
members of Donald Brunson's family called for Carter to remain on death row.

"We remember this like it was last night and it still bothers us and that was 
almost 18 years ago," said Angel Berry about the murder of her step-father.

According to North Carolina state court documents, Brunson was shot and killed 
in the events surrounding a home invasion.

Berry and her family made it clear that death is the only penalty they think 
Carter deserves. They cited the three people he's convicted of killing as 
reasons for him to remain on death row.

"Demetrius Greene don't get to wake up another day," said family member Brenda 
George. Greene was shot in his mother's car in February 1997, while Carter shot 
at Baker, who ran in front of the car where Demetrius was sitting.

"Tyrone Baker don't get to wake up another day. Donald Brunson don't get to 
wake up and see another day," remembered George of the other 2 murder victims. 
"We can't wake up and see their faces anymore. We have to go and put flowers on 
their grave and look at a tombstone if we want to see them, so no Shan Carter 
does not deserve to live another day."

Starting this week, Carter is coming back from death row to ask for a new trial 
in the murder of Brunson, according to District Attorney Ben David.

According to David, Carter believes he should be given a new sentence of life 
in jail as opposed to the death sentence. One relative said Carter should die 
because he was not afraid to kill others.

"If he can get out and kill someone, he should not be afraid to die himself," 
Lennell Bowden said.

The family said they would try to be in attendance for Carter's court 
appearance Thursday.

(source: WMBF news)






FLORIDA----new execution date

Scott signs death warrant for Gadsden man


Florida Gov. Rick Scott signed a death warrant for Chadwick Banks, a convicted 
double murderer in the 1992 slaying of his wife and stepchild.

Banks is scheduled to die by lethal injection on Nov. 13.

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 step daughter 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.

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

DEATH WARRANT!


Gov. Scott has ordered the People of the State of Florida to kill Chadwick 
Banks on Thursday, November 13 at 6pm ET. Chadwick Banks was sentenced to death 
for the killing of Melody Cooper 22 years ago. This would be the 8th execution 
this year and the 20th execution of a well-secured, captive prisoner ordered by 
Richard Lynn Scott. Florida uses an almost identical lethal injection drug 
protocol to what Oklahoma used in the horribly botched execution of Clayton 
Lockett.

Florida continues the premeditated, unnecessary, and experimental killing of 
captive prisoners. Richard Lynn Scott is responsible for more executions (19) 
than any 1st term governor in modern Florida history.

Please contact Gov. Rick Scott and ask him to suspend ALL executions.

Governor Rick Scott:

Phone: (850) 488-7146

Email: Rick.Scott at eog.myflorida.com

(source: Floridians for Alternatives to the Death Penalty)

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

Convicted Dunkin Donuts Killer to Learn Fate on Oct. 20


The sentencing phase of a South Florida man convicted of murdering 2 people 
during a string of Dunkin' Donuts robberies in 2008 continued Monday with James 
Herard again daring a judge to give him the death penalty. NBC 6's Willard 
Shepard reports.

The sentencing phase of a South Florida man convicted of murdering 2 people 
during a string of Dunkin' Donuts robberies in 2008 continued Monday, with 
James Herard again daring a judge to give him the death penalty.

"As far as being this killer and this murderer and all, that's not who I am," 
Herard said. "I honestly don't feel like you are going to give me the death 
penalty anyway. I don't see it happening. I don't think it's in you. I don't 
feel like you have it in you."

Herard, 25, was convicted on 18 of 19 counts related to the robberies and 
murders. The same jury that convicted him recommended the death penalty for 
Herard.

Herard dared the judge to sentence him to death during the 1st part of the 
sentencing hearing on Sept. 12.

(source: nbcmiami.com)

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

Killer says he won't lose sleep if sentenced to death


Convicted killer James Herard had 1 last chance Monday to persuade Broward 
Circuit Judge Paul Backman to spare his life.

But once again, almost cavalierly, he refused to do it.

"I'm not gonna stress," he told the judge.

Herard, 24, is facing the death penalty for instigating the 2008 murder of Eric 
Jean-Pierre in Lauderhill. The man who actually pulled the trigger, Tharod 
Bell, pleaded guilty to the crime last week and is expected to be sentenced to 
a 50-year term next month.

Herard's lawyer, Mitch Polay, said he intends to argue that it's unfair for his 
client to face execution for Jean-Pierre's murder when the man who actually 
killed Jean-Pierre will only serve 50 years for the crime.

"It's called proportionality, and there's case law on it," Polay said. "The 
death penalty shouldn't be given to a person when the actual shooter is given a 
term of years. It's not fundamentally fair to give a person - that isn't the 
shooter - death."

Prosecutors said Bell, Herard and 3 other men were members of the Bacc Street 
Crips, a gang that terrorized Dunkin' Donuts in Broward and Palm Beach counties 
in the summer and fall of 2008. All have been convicted or entered plea deals - 
or both - in connection with the crimes.

Herard is now the only accused member of the gang who maintains his innocence. 
On Sept. 12, he openly dared Backman to sentence him to death. That bravado was 
muted Monday, but Herard continued to insist that he was wrongly convicted.

"I don't think it's in you to sentence an innocent person to death row," Herard 
said. "Whatever you decide to do, I'm gonna still smile. I'm still gonna sleep 
good. I'm still gonna eat good. I'm not gonna lose any weight ... I'm not gonna 
lose my hair."

Herard will be sentenced Oct. 20.

The series of increasingly violent Dunkin' Donuts robberies began in June 2008 
at a Plantation store where Herard once worked, according to trial testimony. 5 
months later, the Bacc Street Crips hit Dunkin' Donuts shops in Sunrise, Delray 
Beach and Tamarac. They also targeted a 7-Eleven store in Pompano Beach.

The Delray Beach robbery left several victims critically wounded and earned 
lifelong prison sentences for Herard, Bell, Calvin Weatherspoon and Charles 
Faustin. The four men were tried and convicted in Palm Beach County in 2011.

A 5th man, Jonathan Jackson, pleaded guilty in August to participating in the 
Sunrise and Pompano Beach robberies. Described by prosecutors as the mastermind 
behind the robbery spree, he was sentenced to 25 years in prison.

On Thanksgiving Day 2008, a day after the Delray Beach robbery, the gang struck 
at a doughnut shop in Tamarac. Prosecutors said Herard shot 1 victim, Kiem 
Huynh, in the back to show the other customers the robbers were serious. Huynh, 
58, later died from his injuries.

Jurors who convicted Herard of that murder said he deserved to spend the rest 
of his life in prison for it.

The death penalty was recommended for a murder that had nothing to do with the 
Dunkin' Donuts robberies.

Prosecutors Tom Coleman and Stephen Zaccor said Herard and Bell were having a 
"body count" contest in Lauderhill on Nov. 14, 2008, when they randomly crossed 
paths with Jean-Pierre, 39. Herard described in a video-recorded confession how 
he encouraged Bell to shoot and kill the victim.

Herard now says that confession was coerced, and he denies participating in the 
murders or the robberies.

After the 5 men were arrested in early December 2008, Herard quickly stood out 
as the least cooperative of the defendants. At his first appearance before 
Broward County Judge John Hurley, Herard barked in response to routine 
questions.

At his Palm Beach trial, Herard fired his lawyer on the eve of closing 
arguments, then proceeded to deliver his own argument to the jury. He told Palm 
Beach Circuit Judge Karen Miller he wanted to have some "fun" before he was 
convicted. The judge put a stun belt on Herard to insure he behaved 
professionally during the court proceedings. He did.

When Delray Beach victims testified at a sentencing hearing, Herard laughed out 
loud.

None of that behavior was on display during Herard's trial in Broward in May. 
On Monday, he kicked his shackled feet up on a table and mugged for television 
cameras as lawyers talked to Judge Backman. But his behavior drew no rebuke.

(source: Sun-Sentinel)






LOUISIANA:

Defense urges jurors to consider Sanders' upbringing


The penalty phase of the Thomas Steven Sanders trial resumed Monday after a 
4-day hiatus - 2 days due to a Wednesday night electrical fire that knocked out 
power to the federal courthouse for the remainder of last week and 2 days for 
the weekend.

Sanders was convicted Sept. 8 on charges of kidnapping resulting in death and 
using a firearm in a violent crime that resulted in death in the case of 
12-year-old Lexis Roberts, whose remains were found in Catahoula Parish woods 
near Harrisonburg in 2010. Sanders also shot and killed Lexis' mother, Suellen 
Roberts, on a stretch of desert highway in Arizona after Sanders took the 2 on 
a Labor Day weekend vacation that same year.

It is now the jury's burden to determine whether Sanders receives the death 
penalty or life in prison without the possibility of release.

A full day of testimony began Monday with the continuation of defense witness 
Janet Vogelsang, a clinical social worker, who testified about her findings 
regarding a biopsychosocial assessment she conducted on Sanders. The assessment 
included interviews with more than 40 family members and friends of Sanders, 
including 3 former wives and his children.

Much of Vogelsang's testimony called attention to a litany of mental health and 
substance abuse issues in Sanders' extended family. She pointed to 17 instances 
of mental illness or substance abuse in a family tree that went back several 
generations.

Vogelsang also repeatedly stated that Sanders' parents were good providers who 
loved their children, but were neglectful.

Vigorous cross examination by prosecutor Julie Mosley revealed that Vogelsang's 
use of the word "neglect" was a clinical definition and not necessarily the 
commonly accepted notion of child neglect. According to Vogelsang's testimony, 
Sanders' parents Mary Sue and Kilby Sanders met all of their son's basic needs 
of food, clothing and shelter. They also emphasized the importance of education 
and paid for Sanders to join the Boy Scouts.

It also revealed that Sanders knew that his mother and former wife, Candice 
Tarver, had him declared legally dead, yet Sanders "didn't make any effort to 
correct that," Mosley said.

After a lengthy cross examination that left Vogelsang visibly shaken - taking 
several sips of water and clearing her throat a number of times, something she 
didn't do often during her testimony for the defense.

Mosley pushed her with a line of questioning that concluded with the revelation 
that Vogelsang was charged with unethical conduct during a capital case in 
Florida for which she was an expert witness for the defense.

Defense attorney Rebecca Hudsmith approached Vogelsang with a short redirect 
that reiterated the defense???s position that Sanders??? childhood 
circumstances greatly affected the adult he was to become.

Hudsmith then called a 2nd witness, Richard Cooper, 77, of Las Vegas, who burst 
into sobs moments after giving Sanders a thumbs up prior to taking the stand.

Cooper knew Sanders - considered him a friend - while Sanders worked as a 
maintenance man at Pacific Mini Storage, his last known workplace and 
residence.

Cooper said he briefly met Suellen Roberts on two occasions after Sanders and 
Roberts began dating. Cooper also stated that Sanders told him he and Roberts 
were going to take a vacation, and that they were considering getting married. 
That was the last time Cooper saw Sanders before his courtroom appearance.

Cooper said he had every reason to believe Sanders anticipated coming back to 
Pacific Mini Storage after his vacation.

"All his belongings were still there," Cooper said. "All his tools were still 
there. I expected to see him in a week or 2."

Cooper then broke into sobs.

"I can't believe it," he said. "He's not that kind of person."

The trial will resume Tuesday.

(source: The Town Talk)






OHIO:

Warren Co. teen could face death penalty


A Warren County teenager could face a death sentence if convicted of the 
robbery and murder of a Wayne Township teenager.

The trial of Austin Myers, 19, began Monday with jury selection in Warren 
County Common Pleas Court.

Myers, who was homeless at the time of his arrest, is the 1st of 2 suspects to 
stand trial in the Jan. 28 killing of 18-year-old Justin Back at his Wayne 
Township home. The trial for Timothy Mosley, 19, of Dayton, is set to begin 
Nov. 5.

Both teens face 2 counts of aggravated murder in addition to counts of 
aggravated robbery and burglary, grand theft of a firearm, tampering with 
evidence, safecracking and abuse of a corpse.

Authorities say Mosley and Myers visited the 2013 Waynesville High School 
graduate at the home he shares with his parents in the 5000 block of Corwin 
Road on Jan. 27 to case the home for a burglary.

The 2 suspects then visited several local stores to purchase supplies for what 
they told police was to be a "clean kill," according to investigators.

Mosley and Myers allegedly returned to Back's home around 1 p.m. Jan. 28 and 
watched movies with him. At some point, the 2 teens attacked Back in the 
kitchen and attempted to choke him before stabbing him repeatedly, 
investigators say.

Mosley told police the 2 teens took a gun, a safe and some of Back's clothing 
from the home to make it look like Back had run away.

Detectives say Myers and Mosley dumped Back's body below "Crybaby Bridge" in 
southwest Preble County.

Warren County Prosecutor David Fornshell previously told The Enquirer his 
office has only twice presented cases with death penalty specifications to the 
grand jury since he took office in 2011.

In the other case, involving 2 Franklin men accused of killing a Dayton teen, 
the grand jury declined to include that option in the indictment.

Jury selection could take up to 3 days, according to court officials. The trial 
is expected to last through Oct. 3.

(source: cincinnait.com)