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

[Rick Halperin]

April 14



TEXAS----impending execution

Texas Prepares for Manuel Garza Execution on April 15, 2015



Manuel Fernando Garza Jr.'s, execution is scheduled to occur at 6 pm CDT, on 
Wednesday, April 15, 2015, at the Walls Unit of the Huntsville State 
Penitentiary in Huntsville, Texas. 34-year-old Manuel is convicted of the 
murder of 37-year-old San Antonio police officer John "Rocky" Riojas, in San 
Antonio, Texas on February 2, 2001. Manuel has spent the last 12 years of his 
life on Texas' death row.

Manuel had an abused childhood, with an unstable family environment. His mother 
drank while pregnant with him, causing him to have fetal alcohol syndrome. His 
father died of a heroin overdose when he was a teenager. Manuel dropped out of 
school during the 10th grade. He worked as a short-order cook at a Texas 
Roadhouse prior to his arrest. Manuel had a history of drug abuse and various 
crimes, including robbery, burglary, and drug crimes. Manuel was also a member 
of a gang.

Manuel Garza was stopped by Officer John Riojas, who was in a marked police 
vehicle, on February 2, 2001. Garza knew that there were several outstanding 
warrants for his arrest. Instead of compelling with Officer Riojas' 
instructions to place his hands on the car, Garza took off running, with 
Officer Riojas pursuing. Garza later stated that he ran because he did not want 
to return to jail.

Officer Riojas caught up with Garza and the 2 engaged in a physical 
altercation. During the altercation, Officer Riojas drew his weapon, which was 
taken by Garza. Garza fired the weapon at Officer Riojas, killing him. Garza 
was arrested 2 days later.

Garza was convicted and sentenced to death on November 8, 2002.

Texas has recently purchased additional doses of execution drugs, which will 
allow the state to carry out Manuel's execution, in addition to several others. 
Texas has refused to identify the supplier of the execution drugs, an action 
which is part of a lawsuit against the state by death row inmates and death 
penalty opponents.

Please pray for peace and healing for the family of Officer John Riojas. Please 
pray for strength for the family of Manuel Garza. Please pray that if Manuel is 
innocent or lacks the mental competency to be executed, evidence will be 
discovered before his execution. Please pray that Manuel will come to find 
peace through a personal relationship with Jesus Christ, if he has not already 
found one.

(source: theforgivenessfoundation.org)








PENNSYLVANIA:

Convicted Upper Merion baby killer Yandamuri trashes his lawyers



The Upper Merion man convicted and sentenced to death for killing a baby and 
her grandmother in October 2012 told a Montgomery County Judge on Monday that 
he feels his appellate attorneys are ineffective.

Raghunandan Yandamuri, 29, was in Montgomery County court on Monday with his 
defense attorneys Henry Hilles and Stephen Heckman for post-trial motions; 
however, he said in court Hilles and Heckman have not been responding to his 
letters and phone calls.

Yandamuri, who is incarcerated at State Correctional Institute Camp Hill in 
Cumberland County, said Hilles and Heckman do not answer his phone calls, nor 
do they respond to letters he writes to them. He said he may as well be 
executed "right now" if his appeal keeps going the way it is.

"That's a little dramatic," Judge O'Neill replied. Judge O'Neill said he knows 
Heckman and Hilles to be "diligent and zealous" advocates for their clients.

Monday was not the first time Yandamuri expressed in court the possibility of 
immediately being put to death. In his opening arguments at trial he told the 
jury that anyone convicted of those crimes should be put to death. When he was 
convicted, he asked to forgo the penalty phase and be given the death penalty.

It was also not the first time Yandamuri expressed frustration with his 
attorneys. He ultimately represented himself during trial, against the advice 
of his attorneys and Judge O'Neill. Throughout the trial Heckman served as 
stand-by counsel offering legal advice and guidance and Hilles served as his 
attorney for the penalty phase of the trial.

Outside of the courtroom, Hilles and Heckman said they were frustrated that 
Yandamuri would say they do not respond to him.

"We do have a telephone conference with him when we can. He writes to us, we 
will write back to him. It's very difficult; he's very far away," Heckman said. 
"We do correspond with him. We let him express himself but ultimately we're the 
final deciders."

Yandamuri has filed several motions himself in Montgomery County since his 
conviction, but those motions cannot be considered by the court because he is 
not representing himself in the appeals process nor has he asked to represent 
himself or seek other attorneys.

Hilles said that Yandamuri even has his cellphone number and they have met with 
him several times over the 2 year period of the case since his arrest.

"Mr. Heckman and I met with Mr. Yandamuri at the prison tens and tens and tens 
of times at his request over the 2 plus years that we were representing him. It 
boggles my mind to hear him claim that we have not made ourselves available to 
him. The facts are that we have been as responsive as any lawyer team has ever 
been."

Hilles and Heckman said they agree with many of the issues that Yandamuri is 
bringing up and that they put those in their briefs for the appeal.

"He likes to articulate his issues his way," Hilles said of Yandamuri's 
frustration. "The reality is that both Mr. Heckman and I agree with many of the 
conceptual issues that he wishes to raise on appeal. It's just simply that he 
wants things worded his way and it doesn't work that way. Ultimately his 
appellate rights will be fully protected and Mr. Heckman and I appropriately 
protect the record and advance his appellate issues."

Appeal Issues:

In court, Hilles and Heckman argued several points for appeal including the 
biased nature of the photographs of the victims, the way police approached and 
took Yandamuri into custody and the death penalty itself.

"We are continuing the challenging of the constitutionality of the death 
penalty and that certainly won't change," Hilles said. "Obviously we're pleased 
with Gov. Wolf's recent announcement with respect to enforcing the existing 
law, but over and above that we will be challenging the constitutionality of 
the law itself."

Deputy District Attorney Samantha Cauffman, who tried the case alongside First 
Assistant District Attorney Kevin Steele, said she does not believe the issues 
raised by Heckman and Hilles will be grounds for a new trial or a reversal of 
the death sentence.

"This defendant was afforded a fair trial; he was convicted by a jury of his 
peers and that conviction should stand," she said.

Judge O'Neill took the arguments on Monday under advisement and will issue an 
order on the post-conviction motion. Ruling in favor of Yandamuri could mean a 
new trial or a reversal of the death sentence. If O'Neill denies the motion the 
appeal will automatically go to the Pennsylvania Supreme Court.

In October, Yandamuri was convicted of 1st degree murder and other charges 
related to the deaths of Saanvi and Satyavathi Venna. The jury found Yandamuri 
walked into the Venna's apartment and killed Satyavathi before kidnapping 
Saanvi, her 10-month-old granddaughter.

The same jury that convicted him later sentenced him to death following the 
penalty phase. He was formally sentenced to death by Judge Steven O'Neill in 
November.

Yandamuri represented himself during trial and had Heckman act as standby 
counsel. Hilles took over the case during the penalty phase of the trial. Both 
men were re-appointed by Judge O'Neill to handle Yandamuri's appeals.

(source: delcotimes.com)








NORTH CAROLINA:

Accused arsonists could face death penalty



2 men charged with deadly fires in New Hanover County will be back in court 
this week.

At a capital punishment hearing set for Wednesday afternoon they'll learn 
whether or not they will face the death penalty.

Prosecutors say Harry Davis set a fire back in December that killed a 14 year 
old girl and her aunt. It happened off of Lingo St. He is charged with 2 counts 
of 1st degree murder, 1st degree arson and other charges.

Marshall Doran stands accused of starting those fires in Carolina Beach. 2 
women were killed in those fires. He is facing dozens of charges including 2 
counts of 1st degree murder, and 11 counts of attempted murder.

(source: WWAY news)

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

New trial ordered for convicted killer on death row



The NC Supreme Court has overturned the death penalty conviction and ordered a 
new trial for Danny Hembree in Gaston County.

Hembree was sentenced in 2011 for killing Heather Catterton in 2009, following 
a night of sex fueled by drugs. Hembree is also serving 26 years for killing 
Randi Saldana, whose body was found a few weeks after Catterton's in York 
County.

A majority of Justices found 3 main reasons to overturn the death penalty 
conviction: 1st, the State used an excessive amount of evidence from the 
Saldana case while trying to argue Hembree's fault in Catterton's death; 2nd, 
Saldana's sister was allowed to testify about Saldana's good character, which 
was irrelevant in Catterton's death; and 3rd, during closing arguments the 
State made several statements which came close to accusing Hembree of perjury, 
or lying.

Hembree was convicted after a five week trial in which several witnesses and 
experts testified about the evidence. Medical experts said Catterton's exact 
cause of death was inconclusive, but drug toxicity was possible. There were no 
obvious signs of trauma, despite a confession by Hembree in which he said he 
tried to choke and suffocate the teen. The Saldana case had stronger physical 
evidence which matched Hembree's confession and was used by prosecutors in the 
case to show Hembree's plan or scheme to commit murder.

(source: WBTV news)








SOUTH CAROLINA:

White Officer Charged in SC Slaying Won't Face Death Penalty: Paper



A white South Carolina police officer charged with murder for shooting a black 
man in the back as he fled after a traffic stop will not face the death penalty 
if convicted of the killing, a local newspaper reported on Monday. None of the 
22 "aggravating circumstances" that allow state lawyers to seek lethal 
punishment apply in the April 4 incident in which 50-year-old Walter Scott was 
fatally shot by North Charleston patrolman Michael Slager, the Post and Courier 
quoted a local prosecutor as saying.

"There are aggravating circumstances which can take a murder case from being a 
maximum of life to death being the maximum sentence. None of those factors are 
present in this case," Scarlett Wilson, Charleston County's chief prosecutor, 
told the Charleston newspaper.

Such factors include murders committed during a kidnapping, robbery or drug 
trafficking, the Post and Courier reported.

Wilson did not immediately respond to requests for comment.

Scott's death reignited a public outcry over police treatment of blacks that 
flared last year after the killings of unarmed black men in Ferguson, Missouri, 
New York City, and elsewhere.

North Charleston fired Slager last week after he was charged with murder in 
Scott's death. A cellphone video emerged showing him shooting at Scott's back 8 
times. Scott did not appear armed in the footage.

Slager is being held at the Charleston County jail. Without the possibility of 
capital punishment, he faces a potential penalty of 30 years to life in prison 
if convicted, the newspaper reported.

(source: Newsmax.com)








FLORIDA:

Activist Speaks Out Against the Death Penalty



Capital punishment is currently legal in 32 states, and Florida is one of the 
leading states in sending the most inmates to death row.

1 woman is in Tallahassee speaking out against the death penalty, and her 
connection to the form of punishment is personal.

Kathy Dillon was 14 years old when her father was shot and killed in the line 
of duty. 10 years later her boyfriend was also shot and killed and left dead on 
a roadside. Today, she stands firm against the death penalty.

Dillons says, "One of the most critical issues I feel is that the death penalty 
system is a human system, therefore mistakes are made. Convictions and 
executions of innocent people can occur."

As a member of Murder Victim's Families for Reconciliation, she travels across 
the state speaking out about the issue. Dillon believes that humans shouldn't 
have the power to decide who lives or who dies.

According to the House Judiciary Subcommittee, more then 140 people have been 
released from death row with evidence of their innocence over the last 40 
years.

Last month, the Florida Senate Criminal Justice Committee voted on a bill that 
would require a unanimous vote in capital penalty cases to recommend a death 
sentence.

(source: WTXL news)








OHIO:

Dad accused of 'torture' in death of 2-year-old daughter pleads not guilty



The man accused of aggravated murder in the death of his 2-year-old daughter 
pled not guilty in Hamilton County Court Monday morning, and the death penalty 
remains in question.

Glen Bates, 32, and the child's mother Andrea Bradley, 28, of East Walnut Hills 
are facing charges of aggravated murder, murder, and felony child endangerment 
in the death of their daughter, Glenara Bates.

Hamilton County Prosecutor Joe Deters said his office would pursue the death 
penalty if the couple is found guilty.

Defense attorney Norman Aubin said Monday he'll work to keep Bates from being 
executed, and that he knows it will be an uphill battle representing Genara's 
father.

"Obviously, it doesn't look good, just from what I've read and heard about in 
the media," Aubin said. "Every time somebody gets indicted for the death 
penalty it makes me nervous. It's the ultimate penalty: death. They do execute 
people in the state of Ohio."

Investigators said Bates and Bradley whipped, beat and dropped their daughter 
from about 6 feet above the ground. Bradley is also accused of trying to sew 
the girl's head up with a needle and thread.

Police said the toddler was dead when her parents took her to Cincinnati 
Children's Hospital. When doctors inspected the girl, they told police they 
found several abrasions, lacerations and bite marks.

"I believe (Bradley and Bates) tortured that baby," said Desena Townsend, 
Bradley's sister. "They beat her and they killed her."

(source: WCPO news)

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

Parents of 2-year-old face the death penalty



A father accused in the death of his 2-year-old daughter faced a judge but the 
child abuse case was different.

It wasn't a sudden moment of rage that killed the girl, but starvation, 
injuries to the brain, and wounds from a lifetime of beatings. Her father and 
mother now face the death penalty.

Glen Bates was arraigned on an aggravated murder charge, possible penalty of 
death, for the murder of his 2-year-old daughter. He pleaded not guilty. Now 
his attorney will fight for his life.

Defense attorney Norm Aubin said, "Every time someone gets indicted for the 
death penalty it makes me nervous. It's the ultimate penalty of death."

Juries seem reluctant to hand down that ultimate sentence, finding it hard to 
believe a parent would intentionally kill their own child. But in this case 
there was evidence the abuse took place over the child's entire life.

Assistant prosecutor Rick Gibson said, "This child had been at Children's in 
December for neglect and nourishment. They tried to explain to the mom to feed. 
Mom seemed to think the child was fat."

Glen Bates could blame the death on Glenara's mother. Andrea Bradley has a 
history of child abuse going back to 2007. She is pregnant with her eighth 
child. Bates could testify against Bradley to save his own neck.

The argument could be that the child survived so much there was no reason to 
think she would suddenly die. But this time the child died. This time the 
parents could die too.

There is an investigation into why Job and Family Services took the children 
away after allegations of the mother's abuse and then returned the children to 
her custody.

(source: NBC news)

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

Judge: Man facing death penalty competent to stand trial



A man facing the death penalty in the death of a 17-month-old child was ruled 
competent to stand trial Monday.

Judge David Cheney of Allen County Common Pleas Court issued the ruling after 
reviewing a report prepared after a psychiatric evaluation on Christopher 
Clayton.

The prosecution and Clayton's defense team agreed to only the portion of the 
report that addressed whether Clayton is competent to stand trial and not the 
issue of his mental status at the time of the baby's death.

Clayton, 20, is charged with aggravated murder in the Jan. 15 death of Xavier 
Wurth in Spencerville. He has pleaded not guilty and reserved the right to 
pursue an insanity defense. The state is permitted to seek the death penalty 
because the child was under the age of 13 and Clayton is accused of being the 
principal player or was the principal player acting with prior calculation and 
design.

The child suffered blunt-force trauma to the back of his head, a forensic 
pathologist ruled. Clayton told a 911 operator the child choked on his own 
vomit and he believed the child suffocated, which did not match the autopsy 
findings. The incident happened inside a house at 229 Wurster St. in 
Spencerville, where Clayton lived with the child's mother, Alexis Long.

Cheney also scheduled May 6 for a hearing on pending motions.

(source: limaohio.com)

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

Sister Helen Prejean, author of 'Dead Man Walking,' to speak at St. 
Paul's----Sister Prejean has been instrumental in sparking national dialogue on 
the death penalty.

The Hamilton Forum is sponsoring Sister Helen Prejean, author of the book, 
"Dead Man Walking," at 7 p.m. on May 7 at St. Paul's Catholic Church at 241 
Main S.

A member of the Congregation of St. Joseph, Sister Prejean has been 
instrumental in sparking national dialogue on the death penalty and helping to 
shape the Catholic Church???s renewed opposition to state executions. She 
travels around the world giving talks about her ministry.

During the 1980s, she moved into the St. Thomas Housing Project in New Orleans 
and began working at Hope House. During this time, she was asked to correspond 
with a death row inmate, Patrick Sonnier, at Angola Prison, and became his 
spiritual adviser. After witnessing his execution, she wrote "Dead Man Walking: 
An Eyewitness Account of the Death Penalty in the United States."

It became a movie, an opera and a play for high schools and colleges.

Since 1984, Sister Prejean has divided her time between educating citizens 
about the death penalty and counseling individual death row prisoners. She has 
accompanied 6 men to their deaths, resulting in her 2nd book, "The Death of 
Innocents: An Eyewitness Account of Wrongful Executions."

(source: The Independent)