[Deathpenalty] death penalty news----DEL., CALIF.

[Rick Halperin]

Dec. 9




DELAWARE:

Public asks committee to address all white juries, bail and more


A former correction officer said fixing the criminal justice system starts with 
providing a high school and college education to inmates in prison.

An assistant public defender called for more to be done to ensure minorities 
are represented on juries in Delaware.

And, a psychologist said those who work in the criminal justice system need to 
be trained to detect their own unconscious biases about race.

These were just some of the dozens of solutions the community in Wilmington 
offered Tuesday night at the third of four public comment sessions for the 
Access to Justice Commission's Committee on Fairness in the Criminal Justice 
System.

The committee, convened by Delaware Supreme Court Chief Justice Leo E. Strine 
Jr., has been looking for ways to reduce racial disparities and increase 
fairness at all levels of the criminal justice system, ranging from arrests and 
bail hearings to sentencing decisions and re-entry after prison.

Currently, blacks make up about 56 percent of inmates in Delaware, even though 
only 22 % of the state's population is black. The juvenile system sees even 
greater disparities - about 76 % of incarcerated youth are black.

In an auditorium at Howard High School, Pastor Louis McDuffy started the public 
comment session by saying reducing crime starts with prompting juries to look 
at the African-American community differently.

The issue of juries was especially timely as the public hearing took place just 
hours after a jury of 12 Kent County residents acquitted a white Dover police 
officer who was caught on dashboard camera video kicking a black suspect in the 
head in 2013. The video's release launched Delaware into the national debate on 
law enforcement's use of excessive force against people who are black.

Kevin O'Connell, an assistant public defender, told the committee Tuesday night 
that minorities are frequently underrepresented on juries in Delaware.

"When I pick a jury ... I don't usually see 22 % people of color," he said. 
"That is because the pool we select people from is registered voters and motor 
vehicle [drivers]."

"Why don't we just open it to anyone who files a state or federal tax return?" 
he asked.

O'Connell went on to say more African-Americans could be represented on juries 
if the state required employers to pay wages for up to 5 days of jury service, 
thus avoiding the hardship jury it can sometimes cause people who are employed.

Finally, O'Connell said peremptory challenges, whereby attorneys are allowed to 
reject a certain number of potential jurors without stating a reason, should be 
eliminated.

"They are a way of infecting the system with bias," he said.

Other community members who stepped up to the microphone and shared their 
solutions said ending Delaware's death penalty, supporting the expungements of 
juveniles criminal records and eliminating bail could help fix the system.

Richard Morse, the legal director for Delaware's American Civil Liberties 
Union, asked the commission to do everything it can to "end Delaware's current 
unfair bail system."

The News Journal last month analyzed the current system in which defendants 
awaiting trial in Delaware prisons skyrocketed from 300 in 1983 to 1,339 in 
2014. Advocates for reform say the system is unfair to poor defendants who 
cannot pay even a small amount, while defendants with means are released on far 
more serious charges.

"It disrupts people's lives; it wastes taxpayer money; it discriminates against 
poor people; and it doesn't make us safer," Morse said. "Any look at the bail 
system needs to start with the basic principle that every American is innocent 
until proven guilty."

Christina Brigandi, a Delaware bail bondsman, fired back later in the night, 
saying bondsman take responsibility for the defendants they serve.

"This is not about race, it's about a crime being committed," she said. "We as 
bail bondsman take responsibility for them."

She questioned whether pre-trial services, which monitor defendants who are 
released into the community while awaiting trial, can properly supervise 
defendants and ensure they return to court.

"The bail system isn't broken," she said. "It's just not used properly. So if 
the crime warrants no bail, issue no bail."

Bartholomew J. Dalton, a Wilmington lawyer and the committee's co-chair, said 
there is a consensus among the committee on tackling the issue of bail and 
addressing implicit biases within the system.

Others at the hearing raised personal stories of the impact three strikes laws 
and mandatory minimum sentences have had on their loved ones. For example, the 
family of Fenel Baine told the commission that Baine is serving 91 years in 
prison for murder while his co-defendant got only a fraction of that time.

"I have concerns with a mandatory sentence being imposed on a person for a 
crime and him getting the same amount of time as someone who commits multiple 
crimes and even more heinous crimes," said Linda Benson-Fleming about another 
case. "Each case should be a case-by-case basis. It should be addressed 
according to a persons record and circumstances."

The 4th and final public comment session is scheduled for 6:30 to 8 p.m. 
Wednesday at William Henry Middle School, 65 Carver Road in Dover.

Those interested in offering comment at the public forums can pre-register at 
courts.delaware.gov/supreme/accessform.stm. Same day registration also will be 
available at each location. Comments will be limited to 5 minutes.

Written comments can be submitted through Dec. 18.

(source: The News Journal)






CALIFORNIA:

2 suspects charged in slaying of San Quentin 6 inmate----Hugo Pinell killed in 
stabbing at state prison in Folsom


2 convicted killers were charged with murder Tuesday in the August slaying of a 
notorious California inmate, just days after he was released into the general 
prison population.

The Sacramento County District Attorney's office charged the pair with killing 
71-year-old Hugo Pinell at the maximum security California State Prison - 
Sacramento located in Folsom.

Pinell himself was a killer who until shortly before his death had spent 45 
years in segregation units after a bloody 1971 escape attempt at San Quentin 
State Prison.

He was known as one of the San Quentin 6, helping to slit the throat of prison 
guards during the failed jailbreak that left 6 dead.

Jayson William Weaver stabbed Pinell 19 times with an inmate-manufactured 
weapon while Waylon Douglas Pitchford held him down, prosecutors said. The 
assault led to a fight involving as many as 70 other inmates.

Prosecutors and the county public defender's office said neither man appears to 
have an attorney yet. They are set for their 1st court appearance on March 11.

Both inmates already are serving life sentences for murder, and as a result 
both now face the special circumstance of having previous murder convictions. 
Shelly Orio, a spokesperson for the district attorney's office, said it is too 
soon to say if prosecutors will seek the death penalty.

Weaver faces the allegation that he used a deadly weapon, along with possession 
of a weapon while in custody. Both also are charged with assault by inmates 
serving life sentences.

Weaver was convicted of murder in San Diego County and has a 2nd life sentence 
from Sacramento County for a previous assault behind bars. Pitchford is serving 
a Tehama County murder sentence and a 12-year Sacramento County sentence for a 
prison assault.

Pitchford also has a pending case alleging that he stabbed another inmate in 
2013. The public defender's office represents Pitchford on his pending assault 
charge, but chief assistant Steve Lewis said he could not immediately comment.

Weaver and Pitchford are now being held at California Correctional Institution 
in Tehachapi. They are both 38 years old.

(source: Associated Press)