[Deathpenalty] death penalty news----TEXAS, FLA., OHIO, OKLA., ORE., USA

[Rick Halperin]

Aug. 7


TEXAS:

>From seeking the death penalty to fighting it


Sam Millsap Jr.'s resume reads like the start of a John Grisham novel.

In 1982, he became the youngest big-city district attorney in the nation, 
telling Texas Monthly a year later that it was the job he was "born and bred 
for."

"I was 35 years old and the smartest guy in the room," Millsap told CNN over 
the phone. "I was very proud of what I had achieved as DA."

After achieving a perfect record on capital murder cases in 5 years, he had 
every reason to be.

It wasn't until 2005, when Lise Olsen, an investigative reporter for the 
Houston Chronicle, asked to meet with Millsap that he ever doubted his spotless 
reputation.

A high-schooler on death row

For months, Olsen had been looking at the case of Ruben Cantu after a tip from 
one of her death penalty sources. In 1985, Cantu, a south San Antonio teenager, 
was convicted of capital murder for the death of Pedro Gomez.

"I was 20 years removed from the DA's office," Millsap said. "I hadn't given 
much thought to any specific cases in a long time."

Gomez, along with friend Juan Moreno, had each been shot nine times during a 
burglary at a home where they'd been working construction. The home's owner had 
asked the men to spend the night in the house to protect it against burglars 
who had recently stolen a water heater.

Gomez, who was shot in the head, died on the scene. Moreno survived and managed 
to call for help, but he would later lose a lung, kidney and part of his 
stomach because of his injuries.

Police never found the murder weapon and didn't gather any physical evidence 
from the scene. Millsap's prosecution was based on the eyewitness account of 
Moreno, who allegedly identified Cantu twice as Gomez's murderer -- once from a 
photo lineup and a 2nd time during in-court testimony.

The jury convicted Cantu of capital murder after deliberating for just an hour 
and a half.

4 days after his conviction, Cantu wrote an impassioned letter to the residents 
of San Antonio saying he was "framed" in Gomez's murder case. Defense 
attorneys, who appealed Cantu's case multiple times, attacked police for 
coercing the only witness to the crime.

Their appeals were futile, and on August 24, 1993, Cantu was executed at the 
age of 26.

Dusting off a case file after a bar fight

While claims of innocence from convicted criminals are common, Olsen's research 
suggested that Cantu might have been speaking the truth in his letter.

Olsen's report, which came more than a dozen years after Cantu's execution, 
said that Gomez's murder had gone unsolved for 4 months with few leads. That's 
until Cantu had a run-in with an off-duty police officer at a nearby pool hall. 
The scuffle intensified, and Officer Joe De La Luz testified that Cantu, 
completely unprovoked, shot him 4 times. (His injuries were nonfatal.)

But Cantu was never prosecuted for that crime.

In her article, Olsen surmises that without enough evidence to indict Cantu in 
the bar shooting, officials instead began looking at him as a possible suspect 
in the Gomez murder.

She also uncovered that Moreno's eyewitness account was flawed. He had 
initially identified the suspects who shot him and Gomez inside the house only 
as "2 Mexican teenagers." It wasn't until the 3rd time police visited Moreno -- 
and after they said the name "Ruben Cantu" -- that Moreno identified Cantu in a 
photo lineup.

Moreno, who was an undocumented immigrant, later recanted his testimony against 
Cantu, saying he felt pressured by authorities to identify him.

'There is no victory in this story'

Millsap said his feelings about capital punishment had already started to shift 
before his 1st meeting with Olsen. In 2000, he went on record calling for a 
moratorium on the death penalty, saying he was "no longer convinced our legal 
system guarantees the protection of the innocent in capital murder cases."

But when he looked at Olsen's research, Millsap's opinion on the death penalty 
took a personal turn.

"It wasn't that I suddenly decided that Cantu was innocent," Millsap said. "But 
I was shocked."

Though the specifics are still a bit hazy, Millsap said his meeting with Olsen, 
and her article, "really threw (him) into a real funk."

"It never occurred to me that a case I had prosecuted would end up becoming one 
of the poster children for innocence in the death penalty debate," he said.

Eyewitness testimony, Millsap said, is not as reliable as he believed it to be 
when he was a young district attorney. If he had the opportunity to do it 
again, he said, he would not have sought the death penalty in the Cantu murder 
case.

Olsen's investigation garnered a great deal of attention and even led to a 
post-mortem investigation in 2007 by then-District Attorney Susan Reed. 
However, she found Cantu's conviction and execution to be justified.

For the last 10 years, Millsap has been an advocate for ending the death 
penalty, a stance that isn't always well received in a state like Texas, where 
more than 527 people have been executed in the past 40 years.

Millsap said it helps to use his own experiences as a motivator for change.

"It's not at all typical for a former elected prosecutor to acknowledge the 
possibility of imperfection," he said.

He also said he feels "a moral obligation to assume responsibility" for 
mistakes made in the Cantu case.

"This isn't about me," Millsap said. "It's beneath us as a people to permit 
such a system to exist."

Olsen, however, said she feels little vindication for her work.

"Ruben Cantu is dead," she said. "There is no victory in this story."

(source: CNN)






FLORIDA:

Death penalty mechanism needs review


Florida lawmakers have failed to fix our state's deeply flawed method of 
sentencing people to death, so the U.S. Supreme Court might have to do it for 
them.

This fall, the court will hear arguments in a challenge to the way jurors 
recommend death sentences in Florida. As the News Service of Florida recently 
reported, the challenge is backed by the American Bar Association and 3 former 
Florida Supreme Court justices.

The group, justices and others argue that the state's unique sentencing system 
is unconstitutional. Florida juries only recommended death sentences, leaving 
the ultimate decision to the judge, and can make those recommendations by a 
simple majority vote.

Florida is 1 of just 3 states in which jury votes aren't required to be 
unanimous for death sentences. Juries here are required to be unanimous in 
convicting a defendant at trial, but the sentencing phase has different rules.

The system is a factor in the fact that Florida has had more death-row 
exonerations - 25 - than any other state since 1973, according to the Death 
Penalty Information Center.

Despite this troubling record, state lawmakers have failed to advance a bill 
proposed in the last several sessions that would require unanimous verdicts for 
death sentences. This spring's regular session was the 1st time the bill even 
received a vote, with state Sen. Rob Bradley, R-Fleming Island, being among the 
5 Criminal Justice Committee members who unanimously supported it.

Improving the sentencing system would be just a start in addressing problems 
with the death penalty in Florida.

The American Bar Association has found racial disparities in death sentences 
here, low pay and qualifications of defense attorneys in capital cases and 
other problems with the death penalty in Florida. The Florida Bar Board of 
Governors has urged state officials to conduct a comprehensive review of the 
state's entire death penalty process.

Instead of taking that advice, Florida has accelerated the pace of executions. 
If the state goes forward with the planned execution of Jerry Correll, Gov. 
Rick Scott will have executed the most inmates of any Florida governor since 
the death penalty was re-instituted here in 1976.

Correll's execution has been stayed as the Florida Supreme Court considers the 
legality of one of the lethal-injection drugs used in executions. The U.S. 
Supreme Court upheld the drug's legality in June, but the state Supreme Court 
decided against lifting the stay.

There is good reason for the state court's reluctance to resume executions 
here. Florida botched the lethal-injection execution of Angel Diaz in 2006, and 
before that had several botched executions involving the electric chair.

All these issues show Florida has more problems with the death penalty than not 
requiring juries to be unanimous in recommending death. The U.S. Supreme Court 
might do the Legislature's job in fixing sentencing problems, but lawmakers 
still have a host of other issues that need to be addressed.

Given the unlikeliness of Florida ending the death penalty, state lawmakers 
need to at least put the brakes on executions and make improvements. The state 
must ensure the death penalty is fairly applied and executions aren't prone to 
problems.

Most importantly, the state must show that enough safeguards are in place to 
prevent wrongfully convicted people from being sentenced to death. Executing 
innocent people is a mistake that can???t be taken back.

(source: Panama City News Herald)






OHIO:

Death penalty possible for suspect in Parsons Ave. double fatal shooting


A Columbus man accused of killing his estranged wife and her brother now faces 
the death penalty.

Roy Lee Harvison, 25, was indicted on Thursday by a Franklin County Grand Jury.

Police said he shot and killed 29-year-old Jenae Harvison and 23-year-old 
Donell McDonald in a parking lot on April 1st.

Harvison faces 2 counts of aggravated murder for allegedly stalking and 
shooting his estranged estranged wife and his brother in-law .

The Franklin County Prosecutor Ron O'Brien said he didn???t stop there.

"It is alleged he first shot McDonald who was siting in a car, then shot Jenae 
as she ran away," he said. "Then he came back and shot Donnel again and then 
shot his wife as she laid on the ground there," O'brien said.

He said Harvison planned the killing ahead of time and that along with other 
factors make him eligible for the death penalty.

"It is alleged Mr. Harivson went to the child care center at Kossoth and 
Parsons Avenue stalking his estranged wife," he said.

Columbus police officers were nearby, responded, but not in time to save the 2.

"There were 2 police officers on Parsons who engaged the suspect and exchanged 
fire with him," O'Brien said.

O'Brien said Harvison's defense team waived his preliminary hearing, because 
more time was needed to decide how to proceed with the case. The shooting 
happened April 1 and the grand jury indicted him on Thursday. Harvison also 
faces firearm specifications.

(source: WMCH news)






OKLAHOMA:

Men accused of murder could face death penalty


2 men have been formally charged with 1st-degree murder in the shooting death 
of a longtime Cherokee County rancher, and an affidavit filed by state 
investigators alleges one of the men tried to point the blame to members of a 
drug cartel.

Paul Dean Newberry, 24, and Cheyenne Mason Watts, 22, both of Park Hill, were 
transported to the Cherokee County Detention Center Thursday night by the 
sheriff's office. The're charged with 1st-degree murder-deliberate intent, 
robbery with a weapon, 1st-degree burglary, attempted 1st-degree arson, larceny 
of an automobile and 3rd-degree arson.

Newberry and Watts were both arrested on unrelated charges by Choctaw Nation 
police in Pittsburg County on Thursday, July 30.

According to Oklahoma State Bureau of Investigation Special Agent Vicky Lyons' 
affidavit, a confidential witness told authorities that on July 27 - the same 
day 88-year-old Charley Kirk was found shot to death in his Keys-area home - 
Newberry and Watts visited his residence. The witness knew Newberry lived in 
the vicinity of Kirk's home, and asked Newberry whether he knew anything about 
the homicide.

"Newberry made statements to the [witness] that 'it had to be done,' referring 
to the shooting," Lyons reported.

Newberry, at that point, was in possession of what was described as a 
German-style Luger pistol with a long barrel, along with an old set of 
binoculars with leather coverings.

Employees and friends of Kirk had reported to investigators that a 
military-style set of binoculars with a leather lens cover was stolen from 
Kirk's home, along with a wallet and cash; a Walther-style semi-automatic 
pistol; a sawed-off shotgun; and other items.

According to Lyons' affidavit, after Newberry and Watts were jailed in 
Pittsburg County on July 30, a search of Watts' vehicle revealed a German-made 
semi-automatic Luger 9mm pistol.

While deputies were taking Newberry to jail, "Newberry made unsolicited 
statements that he didn't kill the man; he just needed money; and he never 
meant for this to happen," Lyons reports.

When Lyons interviewed Newberry on July 31, Newberry claimed he took members of 
a drug cartel to Kirk's home to steal cattle in order to pay the cartel for 
drugs Newberry had supposedly lost.

"Newberry maintained that he followed cartel members into Kirk's residence and 
that Kirk was already dead when he (Newberry) went inside," Lyons said. 
"Newberry admitted that the cartel members gave him a bag of items stolen from 
the residence, including the pistol which law enforcement recovered from 
Cheyenne Watts' truck when he and Newberry were arrested." Newberry also 
claimed one of the cartel members tried to light a fire in the house when they 
left, and told authorities Watts was present during the burglary. Newberry 
allegedly told Lyons he took the all-terrain vehicle from Kirk's home, drove it 
to a Keys school, and burned it.

When Lyons interviewed Watts on July 31, he allegedly conceded that he and 
Newberry broke into Kirk's home on Monday, July 27, to steal property. While 
they were inside Kirk's home, Kirk confronted them and Newberry shot the 
rancher multiple times with a 22-caliber rifle that belonged to Watts.

Watts was also allegedly armed with a 22-caliber rifle.

According to Lyons, Watts said Newberry then stole Kirk's wallet, a sawed-off 
shotgun, prescription drugs, and a handgun; Watts claims he took batteries and 
a frozen pizza.

Watts told investigators Newberry stole an ATV from Kirk's home, and they left 
in the vehicle in order to get back to Watts' truck. Newberry then set the ATV 
on fire.

Lyons said a 2nd witness told authorities Watts had spoken with her on July 30 
about Kirk's murder. Watts allegedly admitted to the witness that he was 
present during a burglary at Kirk's home, and was in the "back" of the house 
when he heard a gunshot. Watts also allegedly confessed to the witness that he 
had "pulled a cord in the kitchen" to fill the house with propane in hopes it 
would explode, and said he tried to set a fire in the kitchen.

A 3rd witness revealed to authorities that Watts was overheard talking to an 
unknown person, and said "something like, 'Yeah, we killed him. We shot him 
up.'"

Court documents show Newberry and Watts could be punished by death or life in 
prison for the murder charge.

(source: Tahlequah Daily Press)






OREGON:

Inmate Says State Lost Chance To Execute Him


An attorney for death row inmate Gary Haugen has filed a motion to strike his 
death sentence.

8 years ago, a jury convicted Haugen in the aggravated murder of a fellow 
inmate. An execution date was set for 2011, but Gov. John Kitzhaber issued a 
reprieve.

Haugen's attorney, Jeff Ellis, said if for any reason a death sentence is not 
carried out, Oregon law dictates that the court has to issue a new death 
warrant and a new date.

Speaking from death row, Haugen said the court hasn't done that.

"They lost their ability to put a bullet in my head," he said. "They should of 
did it when they had the chance because now they lost their ability to do so. 
So, my position is this: How do you like them apples?"

Haugen was the only death row inmate who had a date set for an execution when 
Kitzhaber issued a reprieve.

Marion County District Attorney Walter Beglau said he'll file a response when 
he sees the motion.

Gov. Kate Brown has said she personally opposes the death penalty, but she 
hasn't ruled out allowing executions to resume.

(source: opb.org)






USA:

The death penalty and American politics


What has the death penalty taught us about American politics?

Words matter. When politicians speak, listen. Not because what they say is 
always important, but because what they say is not always what they mean. In 
1976, the U.S. Supreme Court gave imprimatur to new legislation in several 
states that promised the death penalty would be reserved for the worst of the 
worst.

The penalty would apply to murders committed with aggravating factors. Today in 
Pennsylvania there are 19 aggravating factors. Did you know that a killer can 
get the death penalty for killing a woman in her 3rd trimester of pregnancy? I 
guess the 1st and 2nd trimesters are not that aggravating.

Nothing motivates a politician like being personally touched - or polling 
trends. Timothy McVeigh, the Oklahoma City Bomber, was about to be executed 
when a Gallup Poll found that 65 % of people supported the death penalty, but 
81 % supported the execution of McVeigh. 16 % of people who opposed the death 
penalty wanted McVeigh executed.

"Do you want me to be for you or against you?" That paraphrases and old 
political boss' question to a young politician. The same holds true for the 
death penalty. A shrewd politician can get just as much political mileage out 
of being for the death penalty as she can being against the death penalty.

The Supreme Court doesn't decide until you decide. In 2 landmark decisions by 
the U.S. Supreme Court - 1 in 2002 dealing with intellectual disability and the 
other in 2005 dealing with juveniles - the court waited until 30 states had 
already struck down the execution of the intellectual disabled and juveniles 
before striking down both nationwide. A national consensus had been established 
before acting. Can anyone say polling?

Politicians sometimes twist the truth. Those opposed to the death penalty will 
suggest that innocent people have been executed. DNA has proven that juries get 
it wrong. There is no question about that; a significant number of people 
convicted of a crime have been exonerated by DNA. However, none of those people 
had been executed and only 17 had spent any time at all on death row.

When an election is on the line, a politician is capable of anything. In 1988, 
Democrat presidential nominee Michael Dukakis said during a debate he would not 
seek the death penalty if his wife was raped and murdered. Obviously, that did 
not sit well with voters - he lost.

In 1992, Arkansas Gov. Bill Clinton, the Democrat nominee, was not going to 
make the same mistake. He returned to Arkansas from the campaign trail to 
oversee the execution of a mentally ill inmate who asked the warden to save him 
a piece of pie for after the execution.

Politicians make empty promises. In Nebraska, the legislature abolished the 
death penalty, and overrode a governor's veto. Yet Gov. Pete Rickets is raising 
money to have the matter placed on the ballot as a referendum. He obviously did 
not have enough votes to stop its abolition, or to uphold his veto, but he is 
going to seek to have death penalty reenacted?

Politicians are not always well informed. In Pennsylvania, Gov. Tom Wolf 
imposed a moratorium on carrying out the death penalty. The DA in Philadelphia 
was so incensed he sued the governor to stop this egregious conduct - 
"executions should proceed as normal." Since 1976, Pennsylvania has executed 3 
men - each waived their appeal rights. There has not been an involuntary 
execution in Pennsylvania since 1962.

Congress doesn't care what you think. Massachusetts has not had the death 
penalty since 1984. A significant majority of citizens in Massachusetts are 
opposed to the death penalty. Yet in Massachusetts, the federal government 
sought and gained a death sentence against Dzhokhar Tsarnaev, the Boston 
Marathon bomber.

If you don't vote (or can't), you don't matter. Hundreds of thousands of 
inmates are disenfranchised, but more importantly seriously mentally ill 
inmates make up about 16 % of all inmates. Even more disturbing, seriously 
mentally ill death row inmates are also regularly executed in this country. In 
2015, Derrick Charles and Cecil Clayton, both seriously mentally ill, were 
executed.

(source: Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & 
George P.C. His book "The Executioner's Toll, 2010" was released by McFarland 
Publishing----oakridger.com)