[Deathpenalty] death penalty news----PENN., N.C., OHIO, KAN., NEB., USA

[Rick Halperin]

April 15



PENNSYLVANIA:

'Aye' to eye for eye



This dissertation, a long time coming, was ignited by a recent newspaper 
article about a convicted murderer in the Wilkes-Barre area being mercifully 
spared the death penalty. The crime, 13 years ago, was that Hugo Selenski 
brutally beat a pharmacist into disclosing where he hid his money, then 
strangled the pharmacist and the pharmacist's girlfriend and buried their 
bodies in his yard.

This is another judicial "gadzooks." My prevalent thought is that Selenski, 
like cop-killer John Lesko, should've been executed about 12 years ago. Justice 
delayed for those guilty beyond a shadow of a doubt of committing a hideous 
crime vexes taxpayers having to foot the bill for their room, board, clothing 
and medical care.

Some states have the death penalty and some do not, and most of those states 
having it are often too timid to execute. Prisons are overloaded, more prisons 
are being built and murderers are being released after serving only 25 to 35 
years. Compare the sentences of black males convicted of raping white females 
in Alabama and California and it's a good argument for adopting the military's 
Uniform Code of Military Justice.

And now we have a knuckleheaded moratorium on the death penalty by Gov. Wolf.

Eat and sleep well, Mr. Lesko, for you have again been spared the death 
penalty. And ante up, taxpayers.

Clay Stover

West Newton

(source: Letter to the Editor, Tribune-Review)








NORTH CAROLINA:

Chapel Hill murderer to face death



The man charged with killing 3 Muslim college students will face a death 
penalty trial after prosecutors told a judge they had strong and incriminating 
evidence that includes the blood from one of the victims found on the accused 
shooter's pants.

After a brief hearing Monday, Senior Resident Superior Court Judge Orlando 
Hudson Jr. ruled that Craig Stephen Hicks is "death penalty qualified."

Hicks, who remained handcuffed throughout the court proceedings, showed no 
visible emotion as the judge announced his decision.

He is charged with 3 counts of 1st-degree murder in the Feb. 10 killings of 
23-year-old Deah Shaddy Barakat; his wife, 21-year-old Yusor Mohammad 
Abu-Salha; and her sister, 19-year-old Razan Mohammad Abu-Salha.

Durham County Assistant District Attorney Jim Dornfried said at the preliminary 
hearing that Hicks was taken into custody while in possession of a .357-caliber 
handgun that ballistics testing had matched to the 8 shell casings recovered at 
the victims' apartment.

There was also gunshot residue on Hicks' hands.

Police have said Hicks, 46, appeared to have been motivated by a long-running 
dispute over parking spaces at the condominium complex near the University of 
North Carolina at Chapel Hill, where he lived in the same building as dental 
student Barakat and his wife.

Dornfried said Monday that Hicks had revealed details about the killings while 
under questioning by investigators.

"There were certain issues he described involving parking,"

Dornfried told the judge.

"He went and retrieved a firearm from his residence, then proceeded over to the 
residence of the victims. ... The door was answered by Deah Barakat. There was 
a brief interaction, at which time the defendant pulled out his concealed 
firearm."

Dornfried said Hicks shot Barakat multiple times, then entered the apartment 
and shot each of the screaming women in the head.

He then pumped another slug into Barakat as he left the apartment, the 
prosecutor said.

After prosecutors asked the judge to approve the death penalty, defense lawyer 
Terry Alford declined to speak.

The victims' families are adamant that they were targeted because they were 
Muslims and have pushed for hate-crime charges.

They sat in the second row of the courtroom and declined the comment after the 
hearing.

The FBI is conducting what it has called a "parallel preliminary inquiry" to 
the homicide investigation to determine whether any federal laws were violated, 
including hate crime statutes.

Durham District Attorney Roger Echols said after the hearing that he does not 
anticipate filing additional state charges against Hicks, but that his office 
is cooperating with the federal inquiry.

To support the death penalty under North Carolina law, prosecutors must show 
Hicks' alleged crimes had aggravating factors - in this case that one of the 
murders was committed during a 2nd murder, and that there was an act of 
violence committed with a second act of violence.

Search warrants listed a dozen firearms recovered from the condo unit Hicks 
shared with his wife, in addition to the handgun he had with him when he turned 
himself in after the shootings.

Hicks, who was unemployed and taking community college classes to become a 
paralegal, posted online that he was an atheist and a staunch advocate of the 
Second Amendment right to bear arms.

Neighbors described him as an angry man who had frequent confrontations over 
parking or loud music, sometimes with a gun holstered at his hip.

His social media posts often discussed firearms, including a photo posted of a 
.38-caliber revolver.

He had a state permit allowing him to legally carry a concealed firearm.

Hicks is being held at a state prison in Raleigh pending trial.

(source: Al-Arabiya News)








OHIO:

Mother in death penalty child death case in court



The mother facing the death penalty in the murder of her 2-year-old daughter 
wept during at her 1st hearing on the charge that could send her to death row 
if convicted.

The prosecutor revealed more information today about how Glenara Bates lived 
and how she died. He told the judge she slept in a bathtub with feces and had 
bedsores at the time of her death. The coroner said there were too many wounds 
on the toddler's body to count and she hadn't eaten in days.

The baby's father, Glen Bates, is charged under the death penalty too. 
Bradley's attorney says there is evidence he abused mother and daughter.

Bradley has a history of mental problems, including bi-polar disorder. She is 
pregnant with her 8th child

(source: WKRC news)








KANSAS:

KAKE News takes a look back at the executions of the "In Cold Blood" murderers, 
50 years later.



They were murders that shocked America and 50 years ago tonight, the men 
convicted in what became known as the 'In Cold Blood' murders were executed in 
the gallows at Lansing Penitentary.

Susan Peters dug in the KAKE News archives for this incredible look back.

The news director at our satellite station KUPK was a media witness to the 
hanging of the 2 men who killed 4 members of the Clutter family in 1959.

Our own Larry Hatteberg waited outside the prison gates to cover the story and 
interview what he called a shocked man on a surreal night.

Art Wilson did not mince words in his four and half minute news report and it 
quickly became an editorial.

"I come from the cold bleak warehouse with a remorse feeling that being a part 
of this society, I was part of the execution. This was a hell of a way for a 
life to be taken," said Wilson.

Richard Hickock was 1st to be executed, decided by a coin toss. Perry Smiths 
was 2nd. Outside, Larry Hatteberg describes a scene he says seemed unreal.

"I recall seeing a hearse driving down a long lonely road and there was a 
thunderstorm and there was lightening, something out of a Hitchcock movie," 
said Hatteberg.

The gallows are now stored at the Kansas State Historical Museum in Topeka 
dismantled. The museum says it has no plans to display them because great 
sensitivity still exists in Kansas.

Hatteberg says he is grateful his assignment was outside the prison.

"It's something I did not want to see, did not want to witness. But it is 
something that will stay with me forever," said Hatteberg.

2 more inmates were executed by hanging that same year in Kansas. Kansas was 
the last state to re-instate the death penalty in 1994. It is now done by 
lethal injection. However, Kansas has not carried out a death penalty since 
those last 2 hangings in 1965.

(source: KAKE news)



NEBRASKA:

Republican Senators Rally Against Nebraska Death Penalty



A coalition of Nebraska lawmakers says the state's death penalty conflicts with 
conservative values and should be repealed.

7 Republican senators announced Wednesday they support a bill to repeal the 
capital punishment law, saying any other program so costly and inefficient 
would have been eliminated by the Republican-dominated legislature years ago.

Lincoln Sen. Colby Coash says capital punishment wastes tax money on appeals, 
especially since the state lacks the drug to carry out executions.

Bellevue Sen. Tommy Garrett says it gives government the "power to play God," 
which conflicts with his beliefs.

The Legislature is expected to debate the repeal Thursday. If it passes, 
senators would likely have to override a veto by Republican Gov. Pete Ricketts, 
who supports the state's death penalty.

The bill is LB268.

(source: Associated Press)








USA:

Jury of 19 women and 5 men seated in Aurora theater shooting trial - details 
about the jury----1 female juror said she is in the uncertain about the death 
penalty and would want it for serial killers, but few others



A union plumber, a school teacher and a survivor of the 1999 Columbine High 
School massacre were among the 19 women and 5 men chosen to serve as jurors in 
the death penalty trial of Colorado theater shooter James Holmes.

The 12 jurors and 12 alternates were chosen after remaining candidates were 
questioned as a large group Monday and Tuesday.

Here's what we know about some of the jurors selected, although only the judge 
and lawyers know who in the pool is a juror and who is an alternate:

1 of the male jurors is canceling a vacation next month to serve on the jury. 
He has a son studying psychology in a California college and said he was in 
California at the time of the shooting so he doesn't know much about the case. 
The man said he supports the death penalty, but not as much as he did when he 
was younger.

1 female juror said she is uncertain about the death penalty and would want it 
for serial killers, but few others. And, the woman said, she isn't sure if she 
could sentence someone to death. "I don't think you actually know what you 
would really do until you have heard everything," she said.

1 retained juror is a special education teacher who said she knew little about 
case and works with mentally-ill students. "I tried not to know a lot about it 
in the beginning," she said. She said she grew up pretty liberal, but her 
husband is conservative and she now supports the death penalty more than she 
once did. Another juror, a woman in her 50s, who works as an attendance clerk 
at a school, said that if a person kills multiple people, she would question 
their sanity. "Some people make poor choices and they just can't help it," she 
said. The woman said she believes in the death penalty but handing it down 
would be tough for her. "If anyone is killed it's a loss of life," she said.

A woman in her 30s said she would struggle seeing the graphic images that 
jurors are expected to see. About handing down the death penalty she said: 
"Honestly that would be a hard thing for me to do."

But despite those reservations, it was the defense who objected to the woman 
during individual questioning. Public Defender Rebekka Higgs said the woman 
struggled with considering mitigating factors and had such strong feelings 
about the killing of a child she might not give Holmes the presumption of 
innocence. The judge and prosecution disagreed and said the woman would be 
impartial.

Another juror is a man in his 30s who manages a Bed, Bath and Beyond store. The 
man said he supports the death penalty in cases where guilt is not in doubt, 
but he also considers a life sentence a stiff punishment. "To have to sit 
behind bars and think about what you've done is pretty significant," he said. 
Still, for the Columbine High School killers and Nathan Dunlap, the man said a 
death penalty is appropriate.

A middle-aged woman with curly brown hair said she has dealt with mental 
illness in her family, including a son addicted to drugs and others with 
depression. She said she believes some people are truly evil and have no soul, 
and the death penalty can be appropriate. Still, she said she would probably 
choose life in prison because she would think about her son being in Holmes??? 
position.

One of the jurors is a lawyer who said she believes in the death penalty in 
only some cases. The woman, who called her self a staunch supporter of the U.S. 
Constitution, said she sees serving on a jury as her responsibility. "People 
need to serve on a jury," she said. "You can't ask yourself 'Why not me?'"

About 9,000 prospective jurors initially were summoned in what experts called 
the nation's biggest-ever jury pool. They spent weeks filling out lengthy 
written questionnaires.

Hundreds were then asked to return for one-on-one questioning, where defense 
attorneys, prosecutors and the judge questioned them, sometimes for hours, 
about their views on the death penalty, mental illness and other aspects of the 
criminal justice system.

Opening statements are scheduled for April 27.

Holmes is charged with killing 12 people and wounding 70 others in the July 20, 
2012, attack on a Aurora movie theater. His defense attorneys don't dispute 
that he pulled the trigger but say he was in the grips of a psychotic episode 
when he slipped into the theater and opened fire while dressed from head to toe 
in combat gear.

Prosecutors insist Holmes was sane and will ask jurors to convict him and 
sentence him to death.

If the jury finds Holmes was legally insane at the time of the attack, he would 
be committed indefinitely to the state psychiatric hospital. If the jury 
convicts Holmes, the only other option other than a death sentence is life in 
prison.

Jury selection began Jan. 20.

Many potential jurors were excused when they said they already had an opinion 
on Holmes' guilt or were morally opposed to the death penalty.

Still others were dismissed because of personal connections to the shooting, 
including people who had friends or family in the packed theater that night, or 
who knew some of the hundreds of first responders who rushed to the scene.

In group questioning, attorneys had the chance to dismiss potential jurors 
without giving cause.

THE BREAKDOWN

The 12 jurors and 12 alternates were chosen after a selection process that 
began Jan. 20.

There are 19 women and 5 men, all of whom will sit through the entire trial. 
Neither the group of 24 nor the public will know who is a primary juror and who 
is an alternate until the end of the trial.

THE ALTERNATES

Judge Carlos A. Samour Jr. seated a dozen alternates because of the greater 
likelihood that jurors could have hardships during the lengthy trial.

On Tuesday, the judge excused a potential juror after questions were raised 
about her impartiality. Another woman was dismissed because her husband also 
was in the pool, and she said it would be hard on her family if they had to 
serve.

LINE OF QUESTIONING

Attorneys on Tuesday questioned the 93 remaining jurors about their 
interpretations of the law, how they would gauge witnesses and experts' 
credibility, and whether they could handle serving on such a high-profile 
trial.

District Attorney George Brauchler characterized it as a "4- to 5-month roller 
coaster through the worst haunted house you can imagine."

He asked prospective jurors if they could serve even if they hear no evidence 
of a motive, since prosecutors are required to prove only the 165 charges 
against Holmes - not why they believe he committed the crimes.

Holmes' attorney, Tamara Brady, focused on perceptions of Holmes and whether 
the jury candidates could be objective given the litany of charges against him 
and the public scrutiny they will face.

"I want to start off by telling you how nervous I am about whether Mr. Holmes 
can get a fair trial in this case or whether it's just too big," she said.

JURORS' CONCERNS

Potential jurors told attorneys they worry about what their neighbors might 
think if they reach an unpopular verdict and whether reporters would harass 
their families.

One man said he was reassured when the judge told him steps were taken to 
shield his identity. And many pledged they would not let their decision-making 
be influenced by concern about what others think.

Samour repeatedly has told potential jurors not to listen to, watch or read 
news of the case, or even be in a position to overhear others discuss it. One 
potential juror said Tuesday she cancelled her newspaper subscription and was 
planning to delete the news apps from her smartphone.

Other candidates expressed trepidation about hearing graphic testimony and 
perhaps being overwhelmed by emotion.

WHAT'S TAKEN SO LONG?

Some prospective jurors have asked the judge why it has taken nearly 3 years 
for the case to come to trial.

Samour has said it's not an unusual amount of time for a trial this complex. 
The death penalty and insanity plea introduced complicated and time-consuming 
legal requirements.

Experts say the process has been among the nation's largest and most complex. 
Court officials initially summoned 9,000 prospective jurors, who started 
filling out questionnaires in January.

Hundreds were then asked to return for one-on-one sessions, where defense 
attorneys, prosecutors and the judge asked them about their views on the death 
penalty and mental illness.

WHAT ABOUT OTHER LARGE TRIALS?

In the amount of time it has taken so far in Denver, federal jurors in Boston 
convicted marathon bomber Dzhokhar Tsarnaev.

That case was accelerated by Tsarnaev's admission that he participated in the 
April 2013 bombings and that his brother, Tamarlan, was the mastermind.

The Texas trial for the killer of a former Navy SEAL depicted in the movie 
"American Sniper" was complicated by publicity about the film. But jury 
selection moved quickly because it didn't involve concerns about the large 
number of people affected by the crime.

WHAT'S NEXT?

The chosen jurors will report to court the afternoon of April 27 for opening 
statements.

(source: Aurora Sentinel)

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

CBS News Poll: 60 % Of Americans Want Death Penalty For Boston Marathon Bomber 
Dzhokhar Tsarnaev----30 % of those surveyed oppose the death penalty in this 
case.



As the U.S. marks the 2nd anniversary of the Boston Marathon bombings, a CBS 
News poll released Wednesday found 60 % of Americans would like to see the 
surviving bomber Dzhokhar Tsarnaev sentenced to die.

30 % of those surveyed oppose the death penalty in this case.

3 people were killed and more than 260 others were wounded in the attacks on 
April 15, 2013. Last Wednesday, Tsarnaev, 21, was convicted of all 30 counts 
against him - including use of a weapon of mass destruction and murder. His 
older brother, Tamerlan, died following a shootout with police days after the 
attacks.

The poll finds support for the death penalty for Tsarnaev is 8 points lower 
than it was for Timothy McVeigh following his 1997 conviction for the Oklahoma 
City bombing that killed 168 people on April 19, 1995.

In general, overall support for the death penalty is at the lowest level ever 
recorded in the CBS News Poll. It currently stands at 56 %. Support for the 
death penalty has declined steadily since it reached its peak in the late 
1980s. A CBS News Poll in 1988 found support at an all-time high of 78 %.

The poll surveyed 1,012 Americans between April 8 and April 12 with a margin of 
error of +/- 3 % points.

Boston is marking the 2nd anniversary of the attacks with a moment of silence, 
the tolling of church bells and a call for kindness.

On Wednesday morning, Mayor Marty Walsh, Gov. Charlie Baker and other officials 
unveiled commemorative banners at the site of the blasts on Boylston Street. 
The orange banners bear a white heart with a road receding into the distance 
and the word "Boston."

The 4 banners were mounted on light poles wrapped in blue and yellow flowers, 
the marathon's colors.

Jane Richard, who lost a leg in the blasts that took the life of her 8-year-old 
brother, Martin, helped unveil 1 set of banners.

A moment of silence will follow at 2:49 p.m., when the 1st of 2 bombs exploded 
near the finish line on April 15. Church bells will then ring throughout the 
city.

Walsh has declared April 15 "1 Boston Day," a new tradition in which Bostonians 
are encouraged to show kindness and generosity.

(source: CBS news)