[Deathpenalty] death penalty news----OKLA., NEB., COLO., CALIF., ORE.

[Rick Halperin]

Aug. 21



OKLAHOMA:

Clemency Denied For Claremore Man Convicted Of Killing Baby


The Oklahoma Pardon and Parole Board has denied clemency for a Claremore man 
sentenced to die for killing his 9-month-old daughter in 2002.

The 5-member board voted 3-2 Thursday against recommending that Gov. Mary 
Fallin grant clemency for 50-year-old Benjamin Robert Cole.

Cole was convicted of 1st-degree murder and sentenced to die by a Rogers County 
jury for the death of his daughter, Brianna Cole. His execution is scheduled 
for Oct. 7.

Cole has not denied killing the child, but his attorneys maintain his mental 
and physical condition has significantly deteriorated since he has been in 
prison.

Cole's defense attorney, Susan Otto of the Federal Public Defender's Office, 
says Cole is mentally ill and urged the board the spare his life. Cole declined 
an opportunity to speak to board members.

(source: newson6.com)

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

Sky apes hit podcast Serial with series on death-row inmate


Sky is aiming to piggy-back the success of the global hit podcast Serial with 
its own 5-part investigation into a man on death row in the US.

Sky News Radio, which supplies news to commercial radio stations, has launched 
a podcast series about Richard Glossip who is facing death by lethal injection 
on 16 September.

The series is called Another Dead Man Walking, a nod to Hollywood actor Susan 
Sarandon who is campaigning for a stay of execution for Glossip, whom she has 
described as "clearly innocent".

Sarandon stars in the 1995 film Dead Man Walking in which she portrays a nun 
who strikes up a relationship with a death-row inmate, played by Sean Penn.

"In the podcasts, I explain how I stumbled across the case while researching 
the death penalty in the United States, and how Glossip was so happy that 
someone was taking such an interest that he invited me to witness his death," 
said Ian Woods, special correspondent at Sky News. "At that time, Richard 
Glossip's case had attracted little attention, even in Oklahoma."

Sky's podcast series apes the format and style employed in Sarah Koenig's 
hugely successful Serial, which became a global hit when it revisited the 1999 
case of murdered Baltimore teenager Hae Min Lee.

(source: The Guardian)






NEBRASKA:

US attorney in Nebraska reviewing execution drug allegations


The U.S. attorney's office in Nebraska is reviewing allegations by a civil 
liberties group that state officials are trying to violate federal law through 
their attempts to import lethal injection drugs.

The American Civil Liberties Union of Nebraska obtained emails and other 
documents through a public records request and sent a letter Thursday to U.S. 
Attorney Deborah Gilg arguing that state officials are actively pursuing the 
drugs despite warnings from the U.S. Food and Drug Administration that they 
can't be legally imported. Amy Miller, the group's legal director, pointed to a 
2012 incident where execution drugs had to be seized because they were shipped 
to the state illegally from India.

"Given the state's concrete and active efforts to violate federal law, we 
request your office initiate an investigation," Miller said in the letter.

Federal attorneys are looking over the documents, a spokesman for Gilg said 
Thursday. Jan Sharp, the U.S. attorney's Criminal Division chief in Omaha, said 
attorneys need time to review the papers but should decide by next week whether 
to act.

"Like any correspondence that comes in, we take it seriously," Sharp said. "... 
We don't disregard anything that gets sent to us. Whether or not we pick up and 
run with it is left to a prosecutor's discretion."

Gov. Pete Ricketts has said state officials are working with the U.S. Drug 
Enforcement Administration to import the required drugs - sodium thiopental and 
pancuronium bromide - so the state can resume executions. But Nebraska 
lawmakers passed a bill that abolished the death penalty and overrode the 
governor's veto of the measure. Nebraska currently has 10 men on death row, and 
the state's last execution was in 1997.

The U.S. Drug Enforcement Administration has said Nebraska is legally 
registered to import drugs, but can be blocked from doing so if other federal 
agencies object. In a July 13 letter to Nebraska corrections director Scott 
Frakes, a DEA administrator said the FDA raised legal concerns about the 
state's effort.

"According to the FDA, there is no approved application for sodium thiopental, 
and it is illegal to import an unapproved drug into the United States," wrote 
Joseph Rannazzisi, a deputy assistant administrator within the agency.

In responding to the ACLU's allegations, Ricketts spokesman Taylor Gage 
referenced a possible 2016 ballot initiative that would reinstate the death 
penalty. The group Nebraskans for the Death Penalty has until Aug. 27 to gather 
enough signatures for a statewide ballot measure.

"The ACLU is clearly aligned with the side of the ballot initiative that does 
not want to give the voters of Nebraska a say on the death penalty - their 
letter should be viewed in that light," Gage said.

ACLU of Nebraska Executive Director Danielle Conrad said the state should 
abandon its efforts to obtain the drugs and request a refund for the "over 
$50,000 of taxpayer funds" used to purchase the drugs in 2012.

(source: Associated Press)

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

Time winding down for supporters of the death penalty


Time is winding down for supporters of the death penalty. They have just one 
week left to gather enough signatures to put the ban on the ballot.

By next Thursday, supporters of the death penalty will need to turn in the 
signatures of 5 percent of voters to put the measure on the ballot. If they get 
10 %, it will suspend the ban until that vote.

With just days left in their drive, death penalty petitioners have taken their 
message to one of the busiest intersections in Omaha, gathering signatures in 
the parking lot of Crossroads Mall.

"We've been doing some telephone calls into some communities, letting people 
know where there is an opportunity to sign, and the days after we do that, 
wherever we're set up to, the response has been incredible," said Rod Edwards, 
of Nebraskans for the Death Penalty.

Edwards said the group made calls to bring supporters to a signing for its last 
big push. He said by Monday the group hopes to have all petitions back in the 
office.

As the days wind down, Nebraskans for Public Safety leaders said they're 
continuing to spread their message to decline to sign.

"We pass out information, answer questions and kind of carry on our positive 
message," said Zack Burgin, of Nebraskans for Public Safety.

Burgin said the group tries to get to voters before they sign, and those 
conversations make the group confident the ban will stand.

"We've been overwhelmed with the amount of support that we have from both faith 
leaders across the state, fiscal conservatives, moderates, Republicans, 
Democrats," Burgin said. "People of all stripes have come to our campaign, and 
we've been very, very grateful for their support."

If the measure gets enough signatures, it will go on the November 2016 ballot. 
Nebraskans for Public Safety said it has already laid the groundwork for a 
campaign, if necessary.

Nebraskans for the Death Penalty told KETV NewsWatch 7 that it's still focusing 
on signatures.

(source: KETV news)






COLORADO:

A reason for Colorado to abolish death penalty


It is time for Colorado to join the 19 other states that have abolished the 
death penalty. The back-to-back trials of James Holmes and Dexter Lewis make 
the choice clear. The commonalities of the cases include gruesome murders 
committed by assailants with histories of mental health issues. The differences 
include a substantially higher death and casualty toll in the Holmes case, and 
the greater likelihood of some shared responsibility with other perpetrators in 
the Lewis case. Objectively, Holmes might be the more likely candidate for 
execution.

Mounting evidence from across the nation has demonstrated that the death 
penalty is administered neither fairly nor reliably. It is disproportionately 
meted out to defendants who are poor and racial minorities. We must put an end 
to this arbitrary and unjust system.

Randi Smith, Denver

The writer is an associate professor of psychology at Metropolitan State 
University of Denver.

(source: Letter to the Editor, Denver Post)






CALIFORNIA:

Judge: Modesto attorney accused of murder cannot represent client while in 
custody


A judge on Thursday said a Modesto defense attorney accused of murder cannot 
represent his client in a murder trial while in custody.

But Stanislaus Superior Court Judge Ricardo Cordova will wait to decide whether 
attorney Frank Carson can represent his client in the trial while out of 
custody. Carson has been in county jail since his arrest Friday. He is being 
held without bail.

Carson is accused of orchestrating a criminal conspiracy that resulted in the 
death of Korey Kauffman and the alleged cover-up of his murder. The 26-year-old 
Turlock man's body was found in Mariposa County a year and a half after he went 
missing.

A special circumstance allegation makes the case against Carson and some of his 
co-defendants eligible for the death penalty. Prosecutors are expected to 
inform the court on Tuesday whether they will seek the death penalty against 
any of the defendants charged with murder in Kauffman's death.

If prosecutors seek the death penalty, Carson could be held in custody without 
bail through the conclusion of his case. If they choose not to seek the death 
penalty, a judge can set bail for Carson as high as $10 million.

Attorneys on Thursday morning argued over the issues involved with the Juan 
Manuel Tello case. He is accused of murder in the Dec. 16, 2011, death of 
Robert Ruvalcaba. Tello's 1st trial ended in June with a hung jury. Tello has 
refused to waive his right to a speedy trial, so his 2nd trial had to begin by 
the end of this week.

Percy Martinez, Carson's attorney, argued that Carson has done all the 
preparation work for Tello's 2nd trial, and Carson should be allowed to proceed 
with the trial, even while in custody.

Martinez said Carson has already defended Tello effectively, and he can do it 
again. "Mr. Tello has total confidence in him," he told the judge.

Tello, who is well aware of Carson's charges and custody status, told the judge 
he is willing to start his trial soon with Carson at his side. "I know that Mr. 
Carson is the only one who can prove my innocence," Tello said in court.

Prosecutors are seeking to remove Carson from some of his clients' cases, 
arguing that Carson would have a conflict of interest if he were to represent 
clients facing their own murder charges.

Deputy District Attorney Wendell Emerson, who is prosecuting Tello, said the 
defendant has the right to have effective counsel in his trial. He told the 
judge that there are investigators involved in Tello's case and Carson's case, 
some who testified in Tello's 1st trial and will testify in the 2nd.

Prosecutors are warning the court that Carson could try to go easy on the 
investigators during cross-examination in the Tello trial for his own benefit 
in his case.

Martinez argued that he and Carson have known about the Kauffman murder 
investigation for 3 years, and this "cloud of suspicion" has been hanging over 
Carson's head that entire time, even while he effectively defended clients in 
trials. He told the judge that Carson cross-examined these same investigators 
in Tello's 1st trial, and he never tried to curry favor from them.

"We knew the people who were investigating Mr. Carson," Martinez said in court.

The judge said he doubts that Carson would do something to "make nice" with 
investigators in Tello's trial, nevertheless it is among the court's concerns.

Tello has a Sixth Amendment right to be represented by an attorney of his 
choosing. He hired Carson to represent him. But the court has the discretion to 
overrule that right in "extreme circumstances," Judge C???rdova said.

The prosecutor told the judge that Tello's right to a fair trial could be 
adversely affected by some potential jurors aware of Carson???s charges. He 
said maybe they can address that during jury selection.

There's also the possibility Carson's law license is suspended. The prosecutor 
told the judge that the District Attorney's Office has notified the State Bar 
that Carson was charged with murder, conspiracy and perjury.

Martinez told the judge State Bar officials are expediting their inquiry into 
Carson, and that they appeared to be more concerned with Carson's custody 
status, not his charges. "They really don't know if they're going to do 
anything," Martinez said about State Bar officials.

Tello ultimately decided to waive his right to speedy trial for 40 days. If 
Carson is released on bail, the judge would still have to determine whether he 
can continue to represent Tello at trial.

Cordova appointed Deputy Public Defender Maureen Keller as independent counsel 
and advised Tello about his rights to have an attorney without a conflict of 
interest. The judge scheduled Tello to return to court Wednesday to further 
discuss his pending trial.

(source: modbee.com)






OREGON:

Petition challenging Haugen death sentence denied


Gary Haugen was sentenced to death for the murder of a fellow inmate, but he 
believes the state passed up its chance to execute him.

But Judge Tom Hart ruled against a petition Thursday challenging the conviction 
and death sentence.

Haugen argues the state missed its window when former Gov. John Kitzhaber 
declared a moratorium on the death penalty days before his execution.

The judge disagreed.

Haugen spoke during the hearing by phone, claiming his fate was being caught up 
in a larger debate over the death penalty.

"Come on, define it," Haugen said. "Either they want to kill me or they don't 
want to kill me. Or they want me to go post-conviction or fight my case or they 
don't. I don't know whether to smoke a cigarette or take off my hat in dealing 
with these courts."

"There is no doubt that Gov. Kitzhaber, when he granted you temporary reprieve, 
changed the legal landscape in some respects," Hart said.

Haugen was serving a life sentence for a murder in 1981 when he killed another 
inmate in prison. He'd waived all his appeals and the state Supreme Court set 
an execution date before Kitzhaber stepped in.

(source: KATU news)