[Deathpenalty] death penalty news----TEXAS, PENN., ALA., LA., OHIO, IND.

[Rick Halperin]

Sept. 24



TEXAS:

Why Are So Many People Getting Sentenced to Death in Houston?


10 counties are responsible for more than a quarter of all U.S. executions, but 
one in Texas far surpasses all others.

Just 10 U.S. counties - roughly 0.3 % of the nation's total - account for more 
than 1/4 of all the American executions that have been carried out since 1976.

Texas's Harris County, which includes Houston, is far and away the leader in 
executions during that period. That district has handed out 122 death sentences 
that were carried to completion, more than double the next highest. Harris 
County alone is responsible for more executions than any state besides Texas.

Dallas County, which includes the Dallas-Fort Worth area, comes in 2nd at 53.

According to data maintained by the Death Penalty Information Center, a 
D.C.-based organization that opposes the death penalty, the 10 counties with 
the most executions are:

1. Harris County (Houston), Texas: 122

2. Dallas County (Dallas/Fort Worth), Texas: 53

3. Oklahoma County (Oklahoma City), Oklahoma: 40

4. Tarrant County (Fort Worth), Texas: 38

5. Bexar County (San Antonio), Texas: 37

6. Tulsa County, Oklahoma: 17

7. Montgomery County, Texas: 16

8. Jefferson County, Texas: 16

9. St. Louis County, Missouri: 15

10 (tie). St. Louis City, Missouri: 13

10 (tie). Pima County (Tucson), Arizona: 13

While a tiny portion of counties are responsible for a large share of 
executions since 1976, 85 percent of counties - including a majority of those 
in Texas - have not been responsible for any executions in the last 40 years. 
Just 4 of Texas's 254 counties account for about 1/2 of all the state's 
executions.

States are generally responsible for administering executions, but the 
sentences begin at the county level. So why do some counties hand out so many 
more death-penalty sentences than others?

There are some obvious factors: Some counties are in states where capital 
punishment is banned, taking them out of consideration. And larger counties, by 
virtue of having more people, are also likely to have more crimes and more 
crimes that qualify for death sentences. Harris County, for example, has more 
than 4 million people - making it one of the largest in the country.

Death-penalty opponents, however, have noted discrepancies that are 
uncorrelated with state laws or county sizes.

A study released last year by the Death Penalty Information Center found that 2 
percent of counties account for more than half of all death-row sentences and 
executions. The report argued that death sentences "depend more on the location 
of the county line than on the severity of the crime." In many states, the 
decision to pursue a death sentence is made by the county's district attorney, 
a position that is often elected.

The report's authors suggested that urban areas, largely in the South, where 
prosecutors have abundant resources are most likely to pursue and achieve a 
death sentence. Because court appeals reaching up to the Supreme Court can drag 
on for years, if not decades, smaller counties are less able to tie their hands 
with a capital case.

"To take on a death-penalty case, that's a multiyear commitment of a million 
dollars or more," said Richard Dieter, executive director of the Death Penalty 
Information Center. "If you're in Houston, there are 200 attorneys in the 
D.A.'s office, at least. They can do a lot of death-penalty cases."

"Certain prosecutors, particularly in certain regions, will develop expertise, 
not just in an ability to secure a capital verdict ... but to know how to pick 
a jury that is more death-inclined," said Douglas Berman, a sentencing expert 
at Ohio State University's law school who considers himself neither for or 
against the death penalty. Population indeed plays a role, Berman added, but 
not just because the sheer amount of crimes committed. By having more homicides 
on their docket, prosecutors can cherry-pick the cases most likely to turn back 
a capital sentence and pursue those ones aggressively, he said.

"No prosecutor likes to lose a case," Berman said. "They would especially by 
frustrated to put all this energy in pursuing a death sentence and have it come 
back as a life sentence. You sort of take a gulp and ask yourself, 'Wow, is 
that sort of case right for the death penalty?'"

Death-penalty advocates don't dispute that a prosecutorial discretion plays a 
role in determining how many capital sentences originate from a specific 
county. But that hardly indicates the system is broken, said Kent Scheidegger, 
the chief lawyer for the Sacramento-based Criminal Justice Legal Foundation.

"The reason we elect our prosecutors locally is that we can have that sort of 
influence," Scheidegger said, adding that those with disproportionately low, 
not high, numbers of executions are problematic. "There are places where the 
death penalty is not imposed enough."

So, why is Harris County's death count so much higher than anywhere else? 
Former District Attorney Johnny Holmes deserves a lot of credit, according to 
Dieter. During Holmes's 21-year tenure, which ended in 2000, the "gentleman 
rancher" presided over more than 200 death-row sentences.

"His philosophy was to seek the death penalty often, and he ran on that 
platform," Dieter said. "Since Johnny left, the number of death sentences [in 
Harris County] has dropped dramatically."

The Supreme Court in 1972 put a moratorium on the death penalty due to concerns 
it was being applied randomly and without sufficient legal guidance to jurors. 
But capital punishment was reinstated in 1976 with some guidelines intended to 
limit subjective discretion in its sentencing.

Since 1976, a total of 1,389 executions have taken place in the U.S.

(source: National Journal)






PENNSYLVANIA:

DA to seek death penalty in killing of pregnant woman, infant in Somerset 
County


The Somerset County district attorney said she plans to seek the death penalty 
against a 25-year-old man accused of killing his pregnant girlfriend and her 
infant daughter earlier this year.

Denver Blough, of Windber, is charged with fatally shooting Caressa Kovalcik, 
23, inside the 19th Street apartment they shared with their 11-month-old son on 
May 31.

Ms. Kovalcik gave birth by emergency cesarean section before she died, and her 
daughter, Abrianna, died 20 days later, authorities said.

Mr. Blough is in the Somerset County Jail on 2 counts of homicide and related 
charges. A public defender for him listed in online court records was not 
immediately available.

County District Attorney Lisa Lazzari-Strasiser is set to make the formal 
announcement Wednesday.

(source: Pittsburgh Post-Gazette)






ALABAMA:

Payne defense seeks to bar death penalty in Winston Co. murder trial


Shannon Edward Payne's defense attorneys are fighting back against the 
prosecution's decision to seek the death penalty.

Payne, who was arrested and charged with the Oct. 6, 2013, double murder of 
Maxine Carroll and Bryan Stephens in Winston County, was notified earlier this 
year the State of Alabama would seek capital punishment on 2 charges of murder.

Since that time, Payne's indictment has been increased to 3 charges of murder, 
which his defense claims is "unconstitutionally multiplicitous."

According to a motion by the defense to dismiss the indictment on the notion 
that it incites double jeopardy, Payne is charged with the murder of Carroll 
separately, the murder of Stephens separately and the murder of the 2 together.

"The indictment is unconstitutionally multiplicitious because it charges Mr. 
Payne with 3 counts under the same statute," the motion reads. "Because it 
charges him with 3 counts of capital murder arising out of 1 incident, the 
indictment exposes Mr. Payne to double jeopardy."

Double jeopardy is provided for in the Fifth Amendment, which prevents a 
subject from receiving multiple punishments for a single incident.

In addition to the request to dismiss the indictment on grounds of double 
jeopardy, the defense has also requested that the imposition of the death 
penalty be completely barred with several different motions.

"Because it is possible that proof of the Defendant's 'actual innocence' will 
be adduced after his execution and because the nature of our criminal justice 
system does not allow for absolute certainty regarding guilt or innocence of a 
defendant, the death penalty carries the inherent risk of executing the 
Defendant despite the possibility that he is 'actually innocent,'" a motion 
reads.

The defense has filed another motion bringing into question Alabama's death 
penalty statute, claiming it "fails to narrow the class of death eligible 
offenders."

In an attempt to heighten the standards of the case because of its severity, 
the defense has additionally requested that the jurors be examined for ties to 
the district attorney.

"The relatively small size of the community and the fact that the District 
Attorney has personal ties with many of the prospective jurors will impede the 
jurors' ability to make fair and impartial determination of the issues of this 
case," a motion asking for the disclosure of all relations between the district 
attorney and prospective jurors reads.

Alongside the defense's request to excuse jurors with ties to the district 
attorney, they have also made a motion for all jurors with a predisposition to 
support the death penalty be removed from the jury, and that the jury's final 
decision must "unanimously conclude that the aggravating circumstances outweigh 
the mitigating circumstances" - i.e., the extreme nature of the crime outweighs 
any decisions made in passion or other emotional context.

Details of the case

Payne is charged with shooting both Carroll and Stephens at 23797 County Road 
41 in Addison.

According to the investigation, one other individual was present at the 
residence during the time of the shooting. Samantha Jo Filyaw, Payne's 
girlfriend, said she was present at the time of the murder and told law 
enforcement that she witnessed Payne "shoot both Carroll and Stephens with 
Stephens' rifle."

Afterwards, according to Filyaw, she and Stephens left the residence in the 
deceased Stephens' Ford F15. After reportedly traveling for "multiple" days in 
the vehicle, the 2 returned to the residence in Addison. Inside the truck was 
Stephens' smartphone.

After authorities requested Verizon Wireless provide the GPS and cell tower 
information for the phone numbers, the search was still unsuccessful.

According to the warrant's report, "insufficient information was given to where 
Verizon could not give any information on the request."

(source: Cullman Times)

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

Attorneys ask potential jurors about views on death penalty in Leonard case


Potential jurors were asked about the death penalty Tuesday in the case against 
Desmonte Leonard.

Several jury panels were interviewed regarding the case against Leonard, 24, 
who is charged with opening fire at a pool party at the former University 
Heights apartment complex on June 9, 2012.

The shooting resulted in the deaths of former Auburn football players Ed 
Christian and Ladarious Phillips, along with Demario Pitts of Opelika. Former 
Auburn player Eric Mack and Roanoke natives John Q. Robertson and Xavier Moss 
were injured.

Attorneys asked the panels about their views on the death penalty, which the 
state is seeking against Leonard. If Leonard is convicted, the jury will decide 
whether to sentence him to death or give him a life prison sentence without the 
possibility of parole.

Some potential jurors said they favored the death penalty.

"I don't care for life in prison," one candidate said. "That just costs 
everyone money."

However, some expressed moral and religious objections to the death penalty.

"At this point, nothing I've heard would make me interested in the death 
penalty," said a potential juror who claimed to be a Jehovah's Witness.

Some of the people who were against the death penalty said they would at least 
consider it if the evidence led to it.

"At the end of the day, I could do it if I had to," one person said.

One potential juror said she could not convict another person unless she was 
certain beyond all doubt, as opposed to beyond a reasonable doubt, the legal 
burden of proof prosecutors must meet to prove guilt in criminal cases.

"You don't want to send someone to jail unless you're absolutely sure they're 
guilty," she said.

Attorneys also asked the panels what each person's knowledge of the case was. 
Many of the potential jurors claimed to have heard of the case through news 
media after the shooting, but did not know specific details besides that there 
were fatalities.

"I knew they (victims) were players on the team, but I didn't keep up with it," 
one person said.

One potential juror said he had seen extensive coverage in the days following 
the shooting and that if he was selected as a juror, he wouldn't be able to be 
objective.

"That's just the way I feel," he said.

By the end of the day, the jury pool was reduced from 92 to 78.

Jury selection will continue Wednesday with 7 jury panels scheduled for 
questioning.

(source: Opelika-Auburn News)






LOUISIANA:

Psychiatrist testifies that Sanders wanted death penalty


Thomas Steven Sanders, the man on trial for kidnapping and murdering 
12-year-old Lexis Roberts and dumping her body off Boothe Cemetery Road in 
Harrisonburg in 2010, suffers from a number of psychotic symptoms, according to 
defense witness and psychiatrist Pablo Stewart.

Stewart was hired by defense attorneys to conduct a psychological evaluation on 
Sanders during his pre-trial jail sentence. Although Sanders admitted to the 
crime, a jury must now decide whether Sanders is sentenced to death or life in 
prison without the possibility of release.

According to Stewart, a death sentence is what Sanders wanted all along.

During the course of Stewart's evaluation - 7 interviews over 3 years - the 
psychiatrist and professor in the San Francisco area said it became apparent to 
him that Sanders suffers from a number of psychotic symptoms, including 
auditory and visual hallucinations, delusions and manic and depressive states.

Stewart also testified that these symptoms, as well as several head injuries 
during his life, have all but destroyed parts of Sanders' memory, which, the 
psychiatrist said, explains why Sanders can't provide a motive for the murder 
of Lexis and her mother, Suellen Roberts.

"It's not that he's unwilling, it's that he's unable," Stewart testified.

But, Sanders did discus Suellen and Lexis Roberts' deaths with Stewart.

"He told me the story of basically how he and Suellen and Lexis Roberts were 
together in Arizona, and that at some point Suellen Roberts was shot. The, 
after that he described driving cross-country ??? he mentioned wanting to go to 
New Jersey. He was driving and not sleeping, and he ended up in places he 
didn't want to be."

When Stewart pressed the issue of motive with Sanders, Stewart said Sanders' 
response was clear: "Well, you know, I wanted the death penalty, so I did that 
so people would think I'm a monster."

A stark contrast to the idea that Sanders didn't remember anything, prosecutor 
Julie Mosley said.

"You are aware of the very detailed description he gave of where Suellen's body 
was found after he killed her?" asked Mosley in her cross examination.

Stewart also testified that Sanders had delusional thoughts.

"He believes he had special powers to predict the future," Stewart said. "He 
believed he had (the ability of) telepathic communication. He believed he is 
the offspring of ancient aliens who mated with people of the earth."

He also believed in what he called "essences," Stewart said. Essences are 
ghost-like individuals with whom Sanders believes to communicate through coded 
messages he calls "quadrants," he said.

Stewart, however, said he did not believe Sanders was delusional when he 
kidnapped and killed Lexi Roberts.

The court day concluded with more defense witnesses - neuropsychology professor 
Ruben Gur, who said MRI and PET scans of Sanders' brain show extensive damage, 
and a video deposition from an acquaintance of Sanders' in Las Vegas, Marianne 
Von Dank, who cried over the man she knew simply as "Spider."

(source: The Town Talk)






OHIO:

Jury selection set to begin Wednesday in case of Akron sledgehammer murders


Jury selection is scheduled to begin Wednesday for the trial of an Akron man 
accused of bludgeoning his girlfriend's parents to death with a sledgehammer.

Shawn Ford Jr., 18, faces the death penalty if convicted of bludgeoning Jeffrey 
E. Schobert and his wife, Margaret Schobert, to death inside the couple's New 
Franklin Township home.

Construction workers found the 56-year-old man and 59-year-old woman dead in 
their bedroom on April 2, 2013 with the sledgehammer next to them.

Ford stole money and the couple's car, which police later found abandoned in 
West Akron, police said.

Jeffrey Schobert was an area attorney. Margaret Schobert was an entrepreneur 
and later worked at her husband's law firm. They were married 28 years.

The case is in front of Summit County Common Pleas Judge Thomas Parker. Ford is 
charged with five counts of aggravated murder; two counts of aggravated 
robbery; and one count each of burglary, theft and felonious assault.

Some of the charges stem from a March 23, 2013 attack on the Schobert's 
daughter, Ford's ex-girlfriend. In that incident, authorities say Ford stabbed 
the Schobert's daughter multiple times at a home in the 1400 block of Andrus 
Street in Akron. He also beat her, causing skull fractures.

Margaret Schobert returned home on the night before she was killed after 
spending the day with her daughter at an area hospital.

Jamall L. Vaughn, 15, of Akron, faces the same charges as Ford in connection 
with the murder. His case was bound over to adult court. He will not face the 
death penalty if convicted because he's a minor.

Defense attorneys provided a list of 49 witnesses that could potentially be 
called during the trial, including an inmate incarcerated at the Portage County 
Jail with Ford.

Parker has also yet to make a ruling on whether statements Ford gave to police 
are admissible. His attorney, Jonathan Sinn, argued in court filings that Ford 
talked with investigators without being properly notified of his rights.

(source: cleveland.com)






INDIANA:

FedEx driver among 3 nabbed in gun dealer's death


1 of 3 Indianapolis men arrested in the fatal shooting of a southern Indiana 
firearms dealer and theft of dozens of guns was a FedEx driver who made 
deliveries to the victim's store, a prosecutor said Tuesday.

Scott Maxie, 61, was found shot in the head Sunday night at his gun shop near 
the Muscatatuck National Wildlife Refuge, about 50 miles south of Indianapolis.

Delivery driver Darryl Worthen, 24, his 23-year-old brother Dejaun Andre 
Worthen, and their cousin Darion Dashon Harris, 20, were being held without 
bond on preliminary murder and robbery charges, Jennings County sheriff's Maj. 
Jerry Shepherd said.

Darryl Worthen made a delivery at Maxie's store on Friday. He came back to the 
shop to look at guns with his brother and cousin the following day, and on 
Sunday afternoon the 3 returned to steal the weapons, Jennings County 
Prosecutor Alan Marshall said at a Tuesday news conference.

Investigators believe Worthen shot Maxie in the head with a .22-caliber handgun 
before the three suspects fled with 47 guns from Maxie's shop, Marshall said. 
Maxie's ex-wife, Dawn Maxie, discovered him dead behind the store counter 
Sunday night, investigators said.

"In our county, we try and give justice with mercy, but in this case in don't 
think there will be any mercy," Marshall said. Marshall would not say whether 
he would seek the death penalty.

It wasn't clear whether the 3 had attorneys.

FedEx released a statement saying "we wish to extend our heartfelt thoughts and 
condolences to the family and friends of those involved. We are cooperating 
fully with authorities."

The 3 were arrested in Indianapolis on Monday. Investigators found 4 guns 
during a search of an Indianapolis home, Shepherd said.

The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives said the 47 
stolen weapons included handguns and long guns.

(source: Associated Press)