[Deathpenalty] death penalty news----OHIO, IND., ARK., KAN., NEB.

[Rick Halperin]

Aug. 22



OHIO:

Judge won't dismiss capital charges against man accused of murder


A Medina County judge on Tuesday denied a motion to have capital charges 
dismissed against a Brunswick man accused of murder.

Defense attorneys Kerry O'Brien and Rhonda Kotnik alleged in December that the 
death penalty is unconstitutional and violates international law. Their client, 
James "Jimmy" D. Tench, is accused of killing his mother, Mary Tench, in 2013.

O'Brien and Kotnik alleged the death penalty is cruel and unusual punishment, 
which has been deemed unconstitutional. In addition, they argued the death 
penalty violates United Nations agreements to respect human rights and 
fundamental freedoms.

"Society's interests do not justify the death penalty," the attorneys wrote.

In response, county Prosecutor Dean Holman in May wrote that their arguments 
have been repeatedly rejected by the state???s highest court.

"Tench's motion is opposite controlling decisions of the Supreme Court of 
Ohio," Holman wrote. "Accordingly, it must be denied."

County Common Pleas Judge Joyce V. Kimbler agreed.

"These claims can be summarily rejected," the judge wrote. "Defendant's motion 
is overruled."

Kimbler on Tuesday also ruled on 54 other motions filed by Tench's attorneys.

Among them was a motion to bar prosecutors from telling the jury not to show 
Tench mercy when deciding whether to put him to death.

"The defendant is not entitled to an instruction that mercy is a mitigating 
factor," Kimbler wrote, citing case law. "Defense counsel may argue the issue 
of mercy and the prosecutor may respond accordingly, but a separate instruction 
is not necessary."

Tench, 29, of Brunswick, faces charges of aggravated murder, murder, aggravated 
robbery, kidnapping and tampering with evidence. According to police and 
autopsies, Tench's mother died of skull fractures and blunt trauma to her head 
and neck.

The trial is tentatively scheduled for February.

Many of the 55 motions ruled upon Tuesday dealt with privacy, criminal 
procedure and jury issues. Of note were denials of motions to suppress 
evidence, to change the venue to another county, to grant Tench the right to 
appear at hearings without restraints and to seal the online court record from 
public viewing.

At trial, Tench may appear without visible restraints, the judge wrote.

Many details about Tench's case were not revealed to the public at the time of 
his mother's death. In court documents, prosecutors outlined the events leading 
to Tench's arrest.

Mary Tench, 55, was found dead Nov. 12 in the back of her SUV, which was parked 
in a lot off Carquest Drive in Brunswick - less than a mile south of the Camden 
Lane home she and her son shared.

According to court documents, her son had filed a missing person's report 
because he hadn't seen her since the night before. Police, who would learn 
later that day that Mary Tench was dead, arrived at the home to investigate her 
disappearance and reported they witnessed suspicious activity.

When police said they wanted to use his mother's credit cards to track her 
possible movements, he produced one of her cards and said he'd bought 
toiletries and gas with it earlier that day.

"Tench said he had called off from work because he was so distraught about his 
mother's disappearance," prosecutors wrote, "and detectives noted that it 
seemed odd for him to be out buying everyday items if he was so distraught."

Tench said he was trying to keep busy so he wouldn't dwell on his mother's 
disappearance. He told detectives he had been crying all day and that he "did 
not have any tears left," but police reported he did not appear to have been 
crying.

During their conversation, Tench said the last time his mother contacted him 
was a missed call she allegedly placed at 11:51 p.m. the previous night. 
Detectives informed Tench the call was made from their Camden Lane home, 
according to GPS records.

Mary Tench's body was found shortly afterward.

Tench was arrested Nov. 13 on charges that he robbed a restaurant in 
Strongsville, where he had worked.

Prosecutors argue the robbery and his mother's slaying are linked. They allege 
Tench had been stealing from his mother and robbed the restaurant to replace 
the money he'd stolen. Prosecutors argue Tench killed his mother because she 
found out he was stealing from her.

Over the course of their investigation, detectives reported they found blood 
matching Mary Tench's DNA on Jimmy Tench's boots and photos of him purchasing 
the same kind of duct tape that was found binding his mother's body.

When confronted with the evidence, detectives reported Tench responded: "Good 
job."

Tench awaits trial in Richland Correctional Institution, where he's serving a 
5-year prison sentence for the restaurant robbery.

(source: The Median Gazette)

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

Plea hearing scheduled for murder suspect 'Bobby' Clark----Clark accused of 
killing elderly couple, Doyle and Lillian Chumney


Robert R. "Bobby" Clark, 1 of 2 men accused of kidnapping and killing an 
elderly Strasburg couple in January, will appear in court next week for a plea 
hearing.

According to the Coshocton County Common Pleas court docket, Clark is scheduled 
to appear at 9 a.m. Aug. 28 before Judge Robert Batchelor.

In March, the 30-year-old Clark pleaded not guilty to 15 counts - including 10 
counts of aggravated murder - for the deaths of Doyle and Lillian Chumney of 
Strasburg.

Coshocton County Prosecutor Jason Given declined to comment about Clark's 
upcoming appearance and said he would make a statement following the plea 
hearing.

Clark, of Dennison, is being represented by attorneys William Mooney and Kirk 
McVay, both of the Ohio Public Defender's Office.

Along with the aggravated murder charges, Clark is charged with aggravated 
burglary, aggravated robbery, aggravated arson and 2 counts of kidnapping, all 
1st-degree felonies.

8 of Clark's aggravated murder charges include a specification. The first 7 
call for the death penalty, while the eighth contends a gun was used during the 
killing of the Chumneys. A Coshocton County grand jury filed the indictments in 
March.

While Clark's indictments call for the death penalty, the indictments of 
Clark's accused accomplice, Jeffery C. Stewart, do not.

Stewart, 22, of Barnhill also faces 15 charges - including 10 aggravated murder 
charges.

Clark and Stewart are being held separately in the Tuscarawas County jail. 
Stewart is being held in lieu of a $2 million bond, and Clark in lieu of a $5 
million bond.

EVENTS IN THE CASE

The Chumneys were abducted late Jan. 20 or early Jan. 21 from their Strasburg 
home and driven to a remote township road in Coshocton County near Bakersville, 
where they were shot with a .25-caliber handgun, according to investigators. 
Their remains were found Jan. 22 in their burned car.

Stewart was arrested Jan. 31 after Tuscarawas and Coshocton County sheriff's 
offices released his photo to the news media and on Facebook, seeking the 
public's help in identifying him.

Clark also is a suspect in armed robberies in West Virginia, South Carolina and 
Georgia occurring between Jan. 31- Feb. 1.

Clark was arrested Feb. 5 in Arizona by Mohave County sheriff's deputies. 
Officers have said that Clark sped away from officers when they tried to stop 
him on Interstate 40 near Kingman.

Clark eventually pulled onto a dirt road, where the van he was driving became 
stuck. Clark ran, but was later captured.

Coshocton County Coroner Dr. Robert Gwinn released autopsy findings for the 
Chumneys in May. According to the autopsy, both bodies were reported to have a 
gunshot wound and burn injuries. Gwinn has said he could not determine the 
actual cause of death - a gunshot wound or being burned.

The case is a joint effort between Coshocton County Sheriff's Office, the 
Tuscarawas County Sheriff's Office and the Ohio Bureau of Criminal 
Investigation.

Batchelor appointed Tuscarawas County Prosecutor Ryan Styer, along with 
Assistant Ohio Attorney General Paul Scarcella, as special assistant 
prosecutors to aid Given.

When contacted Friday, Styer also declined to comment.

(source: Canton Repository)






INDIANA:

Man accused of killing IMPD officer to appear in court


There could be some movement in the case against a man charged with killing an 
Indianapolis Metropolitan Police Department officer on Friday.

A pre-trial conference for Major Davis, Jr is scheduled for 1:00 p.m.

He is accused of shooting Officer Perry Renn to death on July 5th 2014. Davis 
was also shot and critically wounded by Officer Renn, but survived.

Davis is charged with murder and faces the death penalty if convicted.

In December a trial date of February 6 2017 was tentatively set.

A spokesperson for the Marion County prosecutor's office has said the long 
delay is typical in death penalty cases.

(source: WISH TV news)






ARKANSAS:

Christians wrestle with thoughts on death penalty


On Monday evening, Nov. 25, 2005, Eric Nance was executed for the brutal murder 
of Julie Heath, a Malvern teenager. It was the last time Arkansas administered 
the death penalty. On the night Nance was executed, CBS news reports that about 
30 people gathered outside the governor's mansion and sang "Amazing Grace" 
while holding candles. I wonder if those 30 people lit candles for Julie Heath.

There are currently 34 people on death row in Arkansas. Arkansas Department of 
Correction invoices show more than $24,000 was recently spent for drugs to be 
used for upcoming executions. One of the three drugs, Midazolam, is connected 
with the problematic executions in Oklahoma and Arizona.

Now that these controversial drugs have been received, Gov. Hutchinson can 
begin scheduling executions. So in the coming months, Arkansas will begin 
executing our death row inmates for the f1t time in 10 years.

Just so you know, these 34 men have been convicted of horrible crimes. In a 
society saturated with violent television, movie and games we can easily 
overlook how terrible murder really is. A precious life has been taken. Justice 
must be served.

Christians fall on both sides of the death penalty debate. It is a complex 
issue, but when I consider this issue, several thoughts come to mind:

-- Our Lord was executed. The horror of his experience concerns me. Is it 
possible we could execute an innocent person?

-- Did you know it is cheaper to imprison someone for life than it is to 
execute them? Did you know that Arkansas allows life imprisonment without 
parole as a sentencing option?

-- Would we rather trust the state to administer ultimate justice, or would we 
trust God to do that?

-- Yes, it is tremendously merciful to allow someone to grow old in a prison 
cell while their victim lost their life instantly. But are we to err on the 
side of mercy?

-- Can a murderer receive forgiveness from God? Is legitimate conversion 
possible for someone on death row? Does the grace of God only extend to 'good' 
sinners like us or does it extend to everyone?

-- And while we are justifiably angry at those who commit such atrocious 
crimes, can we transform our passion into something positive? For example, what 
are we doing to comfort the victim's loved ones? What are we doing to make our 
state safer? What are we doing to share the love of Christ with the young men 
and women who have been warped by abuse and violence and humiliation -- the 
ones most likely to commit heinous crimes?

No, I have not lost a loved one to violent crime. But I know our justice system 
does not exist to satisfy the victim's demand for vengeance. Our system of 
justice has a particular purpose within the social contract we live in 
together. But as Christians, we participate in an even greater system. We are 
citizens of a kingdom that promises accountability and judgment for all people. 
We are citizens of a kingdom that promises to bring wholeness and healing, 
where the King himself will dry the tears from our eyes. We are citizens of a 
kingdom that will make everything right. We are citizens of a kingdom built on 
grace.

Trusting God isn't always easy. And in the face of violence, it is extremely 
difficult. But that is what he calls us to do. I love the state of Arkansas ... 
but my faith is in the Lord.

(source: The Rev. Steve Sheely is pastor of Rolling Hills Baptist Church in 
Fayetteville Northwest Akransas Democrat Gazette)

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

Victoria Davis Murder: 5 Arrested


Victoria Davis, a 24-year-old Fayetteville, Arkansas, woman, was the kind of 
person who would "bend over backwards to help you," according to one of her 
neighbors.

She would frequently allow homeless people to stay at her house, a practice 
many would acknowledge as dangerous.

But when her body was found brutally beaten and left for dead on Wednesday at a 
nearby residence, it became horrifyingly clear that it wasn't a stranger in her 
life that she should have feared.

Authorities have since arrested 5 individuals - 3 men, 2 women - in an attack 
that police are calling "extremely violent" and disturbing.

1 of the individuals arrested was her husband, 27-year-old John Christopher 
Davis. Others involved were Rebecca Lloyd, 36, Mark Edward Chumley, 45, and 
Christopher Lee and Desire Treat, both 29.

All 5 could be charged with capital murder, a crime eligible for the death 
penalty in Arkansas.

While police are unclear on motive at this time, they suspect that Victoria 
Davis was planning to divorce her husband, NWA Online reports.

Their residence at 433 S. Hill Avenue in Fayetteville had garnered a reputation 
for being a house of horrors. Chumley and others staying at the residence were 
referred to as "bullies" by some of their terrified neighbors, 1 of whom said 
that she did not feel safe walking past the house alone and that "you always 
lock your doors" because of the "sketchy" people living at the residence.

Police suspect that all 5 of the individuals they have arrested contributed 
significantly to Davis's death, noting in their report that Davis had admitted 
to "doping" up his wife late Wednesday night.

After doing so, police suspect that Davis and the 4 others used a blunt object 
to bludgeon Victoria to death.

Davis was reportedly the only one of the 5 who sustained any damage from the 
alleged assault, with the police report noting that he had wounds on his face. 
While on the way to receive medical attention, he "uttered multiple statements 
that implicated him in the death of the deceased female."

In a separate report from 5NEWS, Davis reportedly said that several weapons 
were used in the assault, which occurred over a span of "hours."

(source: inquisitr.com)






KANSAS:

Court filings sealed in 2 ongoing death penalty cases, one local murder 
case----Press official: sealing records undercut public access to courts


The Topeka Capital-Journal sought to intervene in the sealing of two court 
filings dealing with the terms of a plea agreement extended to Jermaine Thomas 
Brown, a man charged with the killing of a 49-year-old woman who was fatally 
wounded when she answered the door to her downtown Topeka home.

If court documents are sealed, how do I know they've been filed? a Topeka 
Capital-Journal reporter asked the spokesman for the Franklin County District 
Court during a hearing for capital murder defendant Kyle Trevor Flack.

"You don't," the spokesman said.

Documents sealed in a a 1st-degree murder case in Shawnee County District Court 
and 2 ongoing death penalty cases in Franklin and Labette Counties underscore 
that reporters are hindered in reporting serious criminal cases if court 
records are sealed, the head of the Kansas Press Association said this week.

"I think we've seen an increased use of sealing documents in the last couple of 
years," Doug Anstaett said.

For 11-plus years, Anstaett has been executive director of the KPA, which 
represents newspapers. Documents filed during criminal proceedings, including a 
capital murder case, normally are open to the public.

"It's almost a paranoid reaction on the part of the courts that any kind of 
release of information is somehow going to taint a jury or jury pool," Anstaett 
said. Alternatives exist to sealing court records, which should be a last 
resort, Anstaett said.

"We rely on those documents to keep us up-to-date and keep the public 
up-to-date, and now so many of those are being sealed almost routinely," 
Anstaett said.

The sealing of documents is part of the "inherent conflict" between freedom of 
the press and fair trial to provide the defendant with a trial free of 
prejudicial pre-trial publicity, Anstaett said.

The American system of justice is set up to be scrutinized and that is done by 
the news media, Anstaett said.

Some cases -- juveniule crimes and children in need of care -- need to be 
handled "more discretely," Anstaett said.

"But (trials dealing with) crimes against our communities need to be as open as 
possible," Anstaett said.

Anstaett points to 2 quadruple murders in Kansas in which the judges sealed 
documents in those capital murder cases in the past 2 years.

In Franklin County, a judge on June 30 denied the Ottawa Herald's motion 
seeking to unseal 68 documents sealed in the case of Flack, who is charged with 
killing a 21-year-old mother, her 18-month-old daughter, and 2 men, 31 and 30.

Flack, 30, is charged with capital murder in the slayings of the mother and 
daughter, 2 counts of premeditated 1st-degree murders of the men; and criminal 
possession of a firearm by a felon. The 4 were killed between April 20, 2013, 
and May 1, 2013.

The Ottawa Herald had sought a court order to block sealing more records, to 
re-open records earlier sealed, and to conduct hearings in open court when 
future requests to seal documents are made.

The sealed documents include motions and exhibits, but District Court Judge 
Eric Godderz said many of the 68 documents are subpoenas amounting to a paper 
flow of 3 documents for each subpoena.

However, Godderz declined to unseal the documents, saying that would represent 
"a clear and present danger" to the fairness of the capital murder trial.

Godderz said he didn't think the prejudicial effect of making those documents 
public could be eliminated by any other reasonable means other than sealing 
them.

Godderz used the language found in the Kansas Surpeme Court decision in Kansas 
City Star v. Fossey, a 1981 case, to make his rulings. In Fossey, the court 
favored open judicial proceedings and free access to records.

According to Fossey, a trial judge can close a preliminary hearing, bail 
hearing or pretrial hearing and seal a record only if dissemination of 
information from the proceeding and its record would "create a clear and 
present danger to the fairness of the trial" and the prejudicial effect of such 
information on the fairness of the trial can't be avoided by any "reasonable 
alternative means."

The alternatives are moving the trial outside the county the crime occurred in, 
using jurors chosen in another county, intensive questioning during juror 
selection, and adding more peremptory challenges.

Michael Kaye, a Washburn University law school professor, said the U.S. Supreme 
Court addressed closing courts and excluding the public in Globe Newspaper 
Company v. Superior Court, a 1982 decision.

Based on a Massachusetts law, a state court conducted a trial excluding members 
of the public and press in which a male was accused of raping 3 girls.

The U.S. Supreme Court found that a Massachusetts court ruling violated the 
First Amendment of the Constitution. The U.S. Supreme Court overturned the 
Massachusetts Supreme Court judgement.

In Parsons, a mother and her three children, 9, 6 and 4, were killed in Parsons 
in Labette County, and David Cornell Bennett Jr. was charged with capital 
murder in the slayings in November 2013.

District Court Judge Robert Fleming issued a blanket order sealing documents 
filed in the case.The Parsons Sun, Montgomery County Chronicle and TV station 
KOAM challenged the order, resulting in reversal of the order in July 2014 
because the order didn't meet the requirements of Fossey.

In Parsons, "it was was a year before people in that community even knew how 
these 4 people were killed," Anstaett said. "They were sealing everything."

In that case, the judge wasn't familiar with Fossey, Anstaett said.

In both cases, Max Kautsch, a Lawrence lawyer, cited the Fossey case to justify 
unsealing court records. Flack and Bennett are to be tried in 2016.

More recently, 2 documents were sealed in Shawnee County District Court in a 
1st-degree murder case.

On Aug. 13, a judge in Shawnee County District Court sealed 2 documents in the 
case of Jermaine Thomas Brown, who is charged with the 2012 slaying of Terri 
Sims, 49. Defense attorney James L. Spies sought that order.

As a result of sealing the Shawnee County documents, lawyers also were blocked 
from answering questions from a reporter about the documents.

In the Brown case, The Topeka Capital-Journal filed a motion to intervene on 
Aug. 14, saying the "restrictive orders" sealing the counts would restrict the 
newspaper from performing its First Amendment functions of gathering and 
reporting newsworthy information.

Michael W. Merriam, a Topeka attorney, filed the motion. The Capital-Journal 
cited federal court decisions, rulings by the Kansas Supreme Court and Kansas 
statute. A date to hear the motion to intervene hasn't been scheduled.

District Court Judge Jack Burr, a senior judge from Sherman County, issued a 
temporary ruling to seal the two documents. Defense attorney James Spies sought 
closure of public access to a defense motion and the response by chief deputy 
district attorney Jacqie Spradling, who opposed sealing the court documents.

Brown is charged with 1 count of premeditated 1st-degree murder in the slaying 
of Sims; conspiracy to commit the 1st-degree murder; and 3 counts of 
solicitation to commit 1st-degree murder.

During Brown's preliminary hearing in 2014, several witnesses testified Brown 
either shot Sims or directed 2 other men to fire shots at 714 S.W. Taylor, the 
victim's home, on Sept. 12, 2012, when she was fatally wounded.

The 2 filings will remain sealed until at least Sept. 3 when a motion hearing 
will be conducted. The trial is scheduled to start on Oct. 13.

Burr said the temporary order wasn't "detrimental" to either side, but he 
overlooked a 3rd party impacted by the order, Merriam said.

"The court is omitting the most important party - the public," Merriam said.

(source: Topeka Capital-Journal)

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

Jury selected in white supremacist's capital murder trial; opening statements 
set for Monday


Jury selection concluded Friday afternoon in the capital murder trial of a 
Missouri white supremacist accused of killing 3 Christians last year at 2 
Jewish sites in suburban Kansas City.

17 Johnson County residents were culled from a pool of 200 in a weeklong 
jury-selection process. 12 will serve as jurors and the other 5 will be 
alternatives, but they won't know which role they will play until after closing 
arguments.

Opening statements are scheduled for Monday in a trial expected to last 3 to 4 
weeks.

Frazier Glenn Miller Jr., 74, of Aurora, Missouri, is representing himself at 
trial. If convicted, he could be sentenced to death.

Several times during the week Miller challenged the patriotism of would-be 
jurors and quizzed them about their views on the government and media.

Though he has pleaded not guilty, the former leader of the now-defunct White 
Patriot Party has admitted killing the 3 victims. He claims he was morally 
obligated to carry out the crimes and didn't know the victims weren't Jewish - 
or that a teenager who died was so young.

He is accused of killing William Corporon, 69, and his 14-year-old grandson, 
Reat Griffin Underwood, at the Jewish Community Center in Overland Park, and 
Terri LaManno, 53, at the nearby Village Shalom retirement center on April 13, 
2014.

Miller fired his attorneys in May so he could speak on his own behalf. If 
convicted, he could face the death penalty.

With no legal background and a stated disdain for government, Miller was 
admonished during earlier hearings for loudly interrupting Johnson County 
District Judge Thomas Kelly Ryan and making disparaging remarks toward members 
of the court. This week, Miller has remained subdued, even as Ryan upheld 
prosecutors' occasional objections about Miller's line of questioning or 
reaction to answers given by would-be jurors.

Miller has challenged the patriotism of some would-be jurors and asked others 
if they simply had better things to do than sit through a trial that could span 
up to a month. He also quizzed them on whether they support a single world 
government; whether the U.S. was fighting wars in the Middle East to protect 
its own interests or Israel's; and whether the mainstream media is 
"controlled."

Miller, who uses a wheelchair to get around, suffers from chronic emphysema and 
has oxygen tanks nearby during court proceedings. He told police soon after his 
arrest that he wanted to kill Jews before he dies because they were squeezing 
out the white race.

Ryan ruled last month that Miller, also known as Frazier Glenn Cross Jr., will 
not be allowed to use a "compelling necessity" defense to justify the killings.

His former attorneys remain as stand-by counsel in case Miller is removed from 
the courtroom. Concerned about how he might behave during the trial, 
prosecutors this week filed a memorandum of law addressing the court's right to 
remove a disruptive defendant and deny Miller the right to defend himself.

When Miller fired his attorneys, Ryan cautioned him about the amount of work 
necessary to defend a capital murder case.

On Monday, Miller acknowledged that he had not read thousands of pages of 
discovery he had received from prosecutors, nor did he know how to write and 
submit proposed jury instructions. Stand-by attorney Mark Manna told the judge 
he had given Miller guidelines on how to do them and was hesitant to do more in 
his current capacity.

(source: Associated Press)




NEBRASKA:

Conflicting opinions expressed on carrying out death penalty


Editor's note: This is the final installment of a 3-day series of stories on 
the status of the death penalty in Nebraska, amid efforts to gather enough 
signatures to place the issue on the November 2016 ballot.

* * *

On the day of the vote in the Legislature this spring to repeal the death 
penalty in Nebraska, Miriam Thimm Kelle of Beatrice was on edge.

For her, that day was the culmination of a 20-year journey to make sure no 
other family had to go through the pain that her family had dealt with since 
1980 when her brother, James Thimm, was killed.

His killer, Michael Ryan, a cult leader who tortured and murdered James Thimm 
in Rulo, Neb., spent more than 30 years on death row before dying of brain 
cancer earlier this year.

At first, Thimm Kelle and her family were sure that the death penalty would be 
carried out and supported that.

But 10 years later, when it was becoming clear that wouldn't happen, Thimm 
Kelle started speaking out - in an effort to keep other families from waiting 
for an execution day that may never come.

The Legislature's decision to repeal the death penalty - and an override of a 
veto by Gov. Pete Ricketts - may make it look like Thimm Kelle's perspective 
was on target.

But the reality is the issue isn't over. The death penalty in Nebraska isn't 
going down without a fight.

After the legislative action, the Nebraskans for the Death Penalty organization 
immediately started a petition drive to gain signatures to place the issue on 
the November 2016 ballot.

The success of those efforts will soon be known, as Thursday, Aug. 27, is the 
deadline for collecting signatures of registered voters.

The effort to put the issue on the ballot has been opposed by the Nebraskans 
for Public Safety organization, which is made up of those who oppose the death 
penalty and feel it creates financial and moral problems.

Danielle Conrad, executive director of the Nebraska ACLU in Lincoln and a 
member of Nebraskans for Public Safety, said the petition drive didn't come as 
a shock.

"I wouldn't say it was a surprise by any means, but I would say that there was 
a level of disappointment among a variety of different people who worked very 
hard on this issue for many years," Conrad said. "We're really ready to move to 
more positive priorities impacting our state."

But for people like Vivian Tuttle of Norfolk, the death penalty - the ability 
to exact the ultimate punishment on the perpetrators of the most heinous crimes 
- is a fundamental piece of government's responsibility that can't be lost.

Tuttle lost her daughter, Evonne, in the 2002 U.S. Bank shootings in Norfolk, 
and she's been driving across the state to different counties on her own 
dollar, sharing her story and criticizing state senators who voted to repeal 
the death penalty against the wishes of a majority of their constituents.

She carries with her a photo of her daughter taken just a few days before her 
death.

Like Thimm Kelle, Tuttle also wants to keep families from waiting years for the 
death penalty to be carried out. But unlike Thimm Kelle, Tuttle has faith in 
the system.

Tuttle said she's spoken to the governor, who has personally promised her he'll 
be able to obtain the drugs necessary for lethal injection.

Ricketts has been an outspoken proponent of the death penalty from the start, 
citing its purpose for public and police safety.

In May, Ricketts spearheaded the process of buying quantities of sodium 
thiopental and pancuronium bromide - the needed drugs used in the lethal 
injection combination, for $54,400 to prove that the Nebraska execution system 
could follow through on a sentence. That's something it hadn't done since 1997.

However, the U.S. Food and Drug Administration wouldn't allow the transaction 
as importation was outlawed due to the drug's producers not wanting their 
medicine used to execute. So the purchase remains in limbo.

Ricketts has donated $200,000 to Nebraskans for the Death Penalty, the group 
financially backing the petition for a referendum on the death penalty.

Death penalty supporters said there's nothing wrong with Ricketts backing a 
cause he believes in. There are no legal barriers to the governor's 
contributions, either. According to Frank Daley, director of the Nebraska 
Accountability and Disclosure Commission, there's nothing legally wrong about 
Ricketts' donations.

Others, like Conrad, see it differently.

Conrad said the governor financially backing such a large portion of the 
petition drive's cost tends to undermine his statements that there's an 
overwhelming number of Nebraskans behind the movement.

But Ron Stauffer of Norfolk, who has helped lead the petition-gathering process 
in Norfolk, said he has more of a problem with Conrad's organization.

He said the $400,000 the Nebraskans for Public Safety received as a donation 
from the Proteus Action League in Massachusetts is seeking to keep Nebraskans 
from being able to have a say on the issue - regardless of what side they're 
on.

"This isn't about the death penalty," Stauffer said. "This is about the 
citizens making a choice, and that's the only reason I got involved."

To Sen. Colby Coash of Lincoln, who co-sponsored Legislative Bill 268 that 
resulted in the repeal of the death penalty, the entire situation is an example 
of why he believes a majority of state senators voted for repeal.

For a system that hasn't been implemented since 1997, what???s the benefit of 
keeping a broken system alive, he asks.

Coash, who grew up in Bassett, said anyone who thinks now is the time to be 
able to simply and easily fix the problems with the death penalty is misguided.

"Look, we had 10 years of (former Gov. Dave) Heineman, who was very pro death 
penalty and had supported it," Coash said. "Senator (Ernie) Chambers was gone 
for 4 of those 10 years. Don't you think if it was possible, (Heineman) would 
have already tried?"

One of the main things that bothers Thimm Kelle about the debate is the money 
that's been donated and spent. She said the money would be better spent on new 
reforms like increasing mental health treatment.

"I don't have $1 million to put into this," Thimm Kelle said. "If I did, I 
would. All I have is our story and my hope for Nebraska to let go of the old, 
move to the new and prevent this from happening to another family. Because it's 
awful living like this all the time."

But petitions around the state gather more signatures every day. Although 
Nebraskans for the Death Penalty isn't releasing any numbers on how many 
signatures have been gathered, individuals like Stauffer and Tuttle said they 
believe the effort will reach the 58,000 benchmark needed to get the death 
penalty referendum on the 2016 ballot.

Sen. Paul Schumacher of Columbus, who voted for the repeal, has serious 
questions about what purpose all of this work is trying to serve. Throughout 
debate in the Legislature, Schumacher said he thought it was made clear the 
death penalty wasn't protecting the public and that its only redeeming value 
was retribution for the families.

"Is the feel good, the sense of retribution of a tiny number of families worth 
hiring some guy in India to scour the black market of Third World countries 
looking for drugs?" Schumacher said. "Is it worth the tremendous expense? Is it 
worth the chance that it might be wrong?"

Even though it's been a fight lasting for 4 decades, state Sen. Ernie Chambers 
of Omaha said he's not concerned about the forces working against him and other 
repeal advocates.

"My train is not off the track because the governor is trying to buy what he 
couldn't win," Chambers said. "My train is not off the track because the 
Republican Party couldn't bully the senators they had in the Legislature to 
vote the way they wanted them to."

If the issue gets on the ballot and passes, he's not going to back down. 
Chambers said he's determined to see the issue through.

"I'm not going away," Chambers said. "I'll push what I believe in."

(source: Norfolk Daily News)

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

Drugs for executions more difficult to find


Increasingly, the drugs needed to carry out death sentences are becoming harder 
and harder to obtain.

Several of the companies that produce them have come out against their use for 
execution purposes. In addition, the recent U.S. Supreme Court ruling in 
Glossip vs. Gross left a lot of questions open on lethal injection methods 
after a botched execution.

The primary drug in question is midzalom, which is used as an alternative to 
sodium thiopental after it became illegal to import to the U.S. Both are 
anesthetics, which is one piece of the 3-drug cocktail for lethal injections.

Even though the U.S. Supreme Court has OK'd its use, conflicting opinions on 
midzalom put its future in jeopardy. Some experts say midzalom is unsuitable 
for any serious sedation, which, along with experiences in botched executions, 
has led states like Ohio to back out of using it. However, others like Florida 
have made no indication that executions will stop.

In light of the challenges facing lethal injection, some legislatures are 
looking at other possible methods of carrying out the death penalty, such as 
the electric chair, firing squad, gas chamber and hanging.

But there also are states like Texas. It uses a single drug, pentobarbital, and 
has conducted nearly 40 percent of the nation's total executions in the past 10 
years.

That leads to this question: If other states are able to maintain a relatively 
efficient system of implementing the death penalty, what has been holding 
Nebraska and similar states back?

State Sen. Colby Coash of Lincoln, who was a leading proponent in the 
Legislature for repealing the death penalty, said the reason Nebraska can't 
operate like Texas is partly because it would require a level of secrecy - 
regarding the securing of the combination of drugs used to execute someone - 
that citizens in Nebraska wouldn't appreciate.

"There is a way, but what we have to do is give up transparency, and I don't 
think that's what Nebraskans want," said Coash, who is a native of Bassett. 
"Nebraskans value transparency, and everything about capital punishment is 
handled in a transparent way."

(source: lexch.com)