[Deathpenalty] death penalty news----CONN., DEL., N.C., GA., FLA., OHIO, IND., S. DAK., USA
Rick Halperin
rhalperi at smu.edu
Fri Dec 11 10:58:02 CST 2015
Dec. 11
CONNECTICUT:
Debate Challenges Death-Penalty Positions
Wendy Marte was firmly against the death penalty, but she played devil's
advocate to better understand her classmates' perspectives.
Marte challenged her political stance during "Justice Day" at New Haven
Academy, an annual daylong series of several seminars and workshops pushing
students to analyze and take action on community issues.
Students chose 2 of 9 discussion seminars revolving around modern ideas of
injustice and ended the day with hands-on workshops connecting those issues to
ongoing New Haven projects.
New Haven Academy math teacher Jerry Volpe provided students with pages of
statistics, to help them form opinions on the death penalty. He showed the cost
of the death penalty in appeals and legal fees, the demographic breakdown of
death row convicts, the amount of times Connecticut has used it versus other
states, and the prevalence of the death penalty in the U.S. compared to other
countries.
"The goal is not to be on one side of the other," but rather to form informed
opinions, he said.
Volpe and his co-instruction Pete Kazienko (left), a world history teacher at
the city high school, started with a simple poll: Do you support the death
penalty?
Students texted their answers to the "Poll Everywhere" live platform that
updated in real-time on the projector. 8 % said yes and that number slowly rose
to 36 %; 21 % did not support the death penalty and 43 % were unsure.
Next, Kazienko asked what the purpose of the death penalty was.
Again the responses went up on the board immediately. "An eye for an eye," one
student wrote.
"To achieve retribution for the crimes someone has committed," another wrote.
"To rid the world of the people who don't deserve the privilege of life,"
another texted.
That got Marte fired up. "You're not God," she said. "You don't have the right
to decide if someone deserves to live."
Kazienko asked students to seriously respond to 1 student's written assertion
that "pleasure" was a purpose of the death penalty.
Playing devil's advocate, Marte said she could see how a victim of a heinous
crime could feel good about seeing the perpetrator get the death penalty.
"If I'm the mother of a daughter assaulted by a pedophile. By me seeing a
pedophile get the death penalty, I see some sort of justice out of seeing
that," she said. She then clarified: "That's not really my point of view
though."
Do people deserve to die for their crimes? Most said no, but many were unsure.
Zion Satal, an 11th grader, said he believes in "forgiveness," since killing 1
person "doesn't bring those other people back."
But Dinesh Mandania qualified his answer. A serial killer who promises to
continue murdering people could be a good candidate for the death penalty.
Superintendent Garth Harries said he was impressed by the level of engagement
present in the day's seminars.
"It underscored ways in which the approach to action gets students involved in
the problems our city faces," he said.
New Haven Academy has been working with Greater Schools Partnership to increase
interdisciplinary learning in its classrooms. Students were encouraged to take
ideas from the day to create their senior Social Action projects.
Meredith Garvin, New Haven Academy's school director, hired a filmmaker to
document last year's seniors as they went through the process of finishing
individual Social Action Projects in different areas of New Haven.
(source: New Haven Independent)
DELAWARE:
Delaware Panel Wraps Up Public Hearings on Criminal Justice Reform
The final forum yesterday for the Access to Justice Commission Committee heard
calls for smarter reforms of the criminal justice system.
Much of the testimony surrounded issues ranging from ending bail and reducing
mandatory sentencing to ending the 3 strikes law and the death penalty.
The Wilmington News Journal reports Carri Seward with the Delaware Coalition to
Dismantle the New Jim Crow told the panel that the harm that has been done to
the African American community needs to be repaired.
The panel was created by Delaware Supreme Court Justice Leo Strine Jr. to find
ways to end the racial disparity in the state's criminal justice system.
While African Americans only make up 22 % of the state's population they are
over 50 % of the prison population.
This was the last of 6 hearings where the public and experts were able to weigh
in.
(source: delmarvapublicradio.net)
NORTH CAROLINA:
Man twice sentenced to death for killing elderly woman in 1987 now being
considered for parole
On December 13, 1987, Thomas Mark Adams robbed and murdered a 70 year old woman
in Davie County.
The trial was moved to Iredell County after Adams attorneys argued that their
client may not be able to get a fair trial. 1988, Adams was convicted of 1st
degree robbery with a dangerous weapon, 1st degree burglary, and 1st degree
murder. He was sentenced to death.
The 1988 conviction was thrown out in 1994 when it was determined that the jury
had been given faulty instructions during the sentencing phase. Adams was given
a new trial in 1995, and was again convicted and sentenced to death.
In 2005 the death penalty was vacated in Iredell County Superior Court after
the US Supreme Court ruled that the execution of juveniles was
unconstitutional. Adams was 17 at the time of the murder.
Adams was 1 of 7 inmates on death row in North Carolina whose lives were spared
because of that ruling.
Among the others was Kevin Golphin, who was convicted of the murders of a North
Carolina State Highway Patrol trooper and a Cumberland County Sheriff's deputy
in 1997.
Now serving a life sentence, the NC Post Release Division and Parole Commission
is considering parole for Adams.
In a letter that is required to be sent to local media outlets in the area
where the crime occurred, it states "information gathered during this
investigation from persons for and against this parole, as well as facts in the
case, will be considered by the Commission in making its decision."
Adams is currently serving his life sentence at Piedmont Correctional
Institution in Salisbury. He has been in prison since his original conviction
in 1988.
Adams has committed 9 infractions in prison, including drug possession,
bribery, interfering with prison staff, theft, and 2 counts of weapon
possession.
(source: WBTV news)
GEORGIA:
Warner Robins man facing death penalty in 1994 bathtub drowning appears in
court
Homer Ridley III had his 1st appearance hearing Thursday in Houston County
Superior Court on charges of drowning his next-door neighbor in a bathtub 21
years ago.
Ridley, who faces the possibility of the death penalty if found guilty,
currently is serving a life a sentence for a 1988 rape in Warner Robins.
Thursday's hearing was mostly procedural, with Chief Judge Rucker Smith of the
Superior Court of the Southwestern Judicial District finding that Ridley was
indigent and entitled to representation from the Office of the Georgia Capital
Defender.
Smith is presiding over the case since Houston County Superior Court judges
have recused themselves.
The hearing recessed briefly before resuming in order for Ridley to meet his
capital defender attorneys. In all, Ridley has 5 attorneys representing him --
including 2 private attorneys without prior death-penalty-case experience who
were hired by his parents.
Smith said from the bench that he initially had some concerns about the age of
the case.
"My understanding is that new evidence has come up recently, so that deals with
(the) speedy trial (issue)," he said.
In May, a Houston County grand jury indicted Ridley, 46, on 1 count of malice
murder and 2 counts of felony murder in the slaying of 20-year-old Summer
Gleaton.
Gleaton's partially clad body was found in the bathtub of her Terry Street home
on Dec. 1, 1994. Her wrists and ankles were bound. Her 6-month-old child was in
the home but was not harmed.
Gleaton had been fighting with her boyfriend earlier that day and went to
Ridley's residence next door to call for help.
The boyfriend initially was a suspect but has since been cleared. Ridley also
was suspected at the time, but police didn't have enough evidence to move
forward with charges.
A date for an arraignment hearing in which Ridley is expected to enter a not
guilty plea in Gleaton's slaying has not been set.
District Attorney George Hartwig and Jerry Word, who heads the capital
defender's office, declined comment on the case Thursday.
Several members of Ridley's family was in the courtroom, including his mother
and father from Warner Robins. Ridley was handcuffed and dressed in an orange
jail jumpsuit.
Several members of Gleaton's family sat in a front row of the courtroom.
Members of both families declined comment.
In 1995, Ridley also was indicted in the 1992 slaying of 19-year-old Ledia
Olivera in Hawkinsville. She was found in her home after being raped, strangled
and her head bashed against the bathroom sink. Her 5-month-old child was in the
home but was unharmed.
In that case, Ridley pleaded not guilty in November 1995. The case was
indefinitely suspended in January 1999 at the request of the prosecution over
evidentiary problems.
Timothy Vaughn, district attorney for the Oconee Judicial Circuit who sat in on
Ridley's hearing Thursday, said the Olivera case remains under review.
Ridley currently is serving his life sentence in Macon State Prison for the
Aug. 22, 1988 rape of a woman. Her hands were bound behind her back, and her
feet were tied with cords.
She was raped on the floor near her infant son's crib while her other 3
children slept in the house.
(source: macon.com)
FLORIDA:
Court could change Florida's death penalty
With the lowest threshold in the nation for death sentences, Florida juries are
sentencing prisoners to death faster than Gov. Rick Scott can sign their death
warrants.
Most of the other 31 states that have the death penalty require a unanimous
jury vote. Alabama requires at least a 10-2 vote. Delaware requires jurors to
find an aggravating circumstance.
But a ruling by the U.S. Supreme Court on whether the state's majority vote is
constitutional could go against Florida. Some lawmakers are pushing bills to
require a unanimous jury vote for the death penalty.
"I think it just makes sense," said Sen. Thad Altman, R-Viera, who is
sponsoring SB 330, which would mandate a unanimous jury vote.
Prosecutors object
Prosecutors, including Attorney General Pam Bondi, have argued against changing
the jury threshold in the past. They say some of Florida's most notorious
murderers who committed heinous crimes, including serial killer Ted Bundy,
would have been spared the death penalty if the threshold were increased.
What could change things this year is the U.S. Supreme Court case and the
timing of its ruling.
If the court overturns Florida's death penalty threshold and issues a ruling
before the legislative session ends in March, it gives lawmakers a chance to
pass a bill requiring the unanimous jury.
But if that decision isn't rendered until after the session ends, lawmakers
couldn't do anything about it until 2017, unless they called a special session
to deal with the matter. That could create a "moment of chaos in the criminal
justice system," said Rep. Jose Javier Rodriguez, D-Miami, the sponsor of the
House version of the bill.
Rodriguez also said there will likely be a parade of appeals if the court rules
against Florida. Any death row inmate who got a less than unanimous jury vote
would have a brand new argument in court.
The current threshold has helped add to the death row roster. According to a
legislative analysis, from 2000-2012, only 60 out of 296 jury recommendations
on death sentences - about 20 % - were unanimous.
(source: Florida Courier)
OHIO:
Warren man facing death penalty tries to fire lawyers
A man facing the death penalty in a Youngstown murder case tried to fire his
lawyers Wednesday morning.
Lance Hundley is charged in the beating death of Erika Huff last month, as well
as the assault of Huff's mother, who survived the alleged attack. Prosecutors
say Hundley tried to cover up his crimes by setting fire to the victim's
Cleveland Avenue home.
Mahoning County Court of Common Pleas Judge Maureen Sweeney refused Hundley's
request to change attorneys. His lawyers may have Hundley evaluated to see if
he is competent to stand trial.
(source: WYTV news)
INDIANA:
Indiana man convicted in 3 deaths challenges 1 death penalty
An attorney for a southern Indiana man convicted of killing 3 women argued
Thursday that his death sentence in one of the slayings should be thrown out
because the judge didn't sufficiently consider the importance of his
confession.
The attorney for William Clyde Gibson III told the Indiana Supreme Court that
Clyde's confession to the strangulation death of 35-year-old Stephanie Kirk of
Charlestown was key to resolving her disappearance.
Gibson, 58, pleaded guilty last year to killing Kirk, whose body was found
buried in the yard of his New Albany home in 2012. His guilty plea came after
he had already been given a death sentence in another of the three killings.
Defense attorney Laura Paul said a Floyd County judge should have given greater
weight to Gibson's confession since police hadn't been able to link him to
Kirk's disappearance. She said Gibson should be sentenced to life in prison.
"If he hadn't confessed, no one would've ever known why Stephanie Kirk
disappeared, what had happened to her, who had killed her," Paul said. "The
community would've thought that her killer was still at large."
Gibson's arrest in the death of 75-year-old Christine Whitis, who was his late
mother's best friend, led to the discovery of Kirk's remains eight days later
in the city just north of Louisville, Kentucky. Authorities later charged him
with killing Karen Hodella, 44, of Port Orange, Florida, whose body was found
in 2002 near the Ohio River in Clarksville.
An attorney for the state argued that Gibson's death sentence for Kirk's death
is proper and disputed the importance of his confession.
"He was seen with the woman, she was missing and she was buried in his
backyard," Deputy Attorney General Andrew Kobe said. "The claim that they would
have never been able to connect her murder to him without his confession is
going a bit far."
The Supreme Court could take weeks or months to release a ruling on Gibson's
appeal.
The justices in September upheld Gibson's death sentence for killing Whitis,
but his attorneys plan further appeals of that sentence.
Gibson has also been sentenced to 65 years in prison after pleading guilty to
murder charges in Hodella's death.
(source: whio.com)
SOUTH DAKOTA:
Bipartisan group to bring death penalty repeal bill in 2016, hope Nebraska will
serve as precedent.
Arthur Rusch knows about the emotional toll of sentencing a killer to death.
The state senator and retired Lincoln County circuit court judge presided over
the case of Donald Moeller, a Sioux Falls man found guilty of raping and
killing 9-year-old Becky O'Connell in 1990. Moeller was sentenced to death in
1997 and was executed by lethal injection in 2012.
Rusch, a Vermillion Republican, said he saw the anguish of a jury tasked with
deciding whether to end a man's life, and believes that gives him additional
insight into the impact of capital punishment.
"I think I'm more knowledgeable about the emotional toll," Rusch said. "It's
really hard on people having to make that decision."
And Rusch said he'll try to bring up that emotional effect as well as the
financial impact to the state in attempting to convince fellow legislators to
repeal the state's death penalty next year. Rusch said he hadn't yet talked to
his caucus about the bill, but hoped it would make it to the Senate floor for
debate.
"I know there's this reaction that keeping people in jail for many, many years
is expensive, but it's nowhere near as expensive as the court costs," Rusch
said.
Similar bills have failed in legislative committee hearings in years past. And
Republicans say the bipartisan bill will face tough odds in the GOP-controlled
Legislature. Gov. Dennis Daugaard and Attorney General Marty Jackley have both
said they support capital punishment in limited circumstances.
Rep. Don Haggar, R-Sioux Falls, said he was skeptical about the bill's chances
in the conservative House of Representatives. He said the few instances in
which the penalty has been used in the state's history were for the most
extreme offenders.
"I think you have to consider the victims. The sense of justice for them I
think trumps everything," Haggar said. "I would have a difficult time standing
in front of that family and saying the offender would get anything less than
the death penalty."
South Dakota is one of 31 states that allow capital punishment. The state has
put to death 18 inmates since 1877, with the oldest dating back to the days of
the Dakota Territory.
So far this year, 28 inmates have been executed in the United States - down
from 35 inmates executed last year. The 2014 number was the lowest rate in 2
decades.
There are currently 3 inmates on death row in South Dakota. All 3 were
convicted on murder charges.
Sen. Bernie Hunhoff, D-Yankton, has sponsored similar measures in the past and
said that a successful legislative effort in Nebraska, another conservative
state, could set a precedent for South Dakota. Nebraska approved a measure
earlier this year that would repeal the state's death penalty. Voters there
will decide if that decision should stand in 2016.
"You can see that gradual transformation in Nebraska," Hunhoff said, "and
you're seeing that very same thing here."
Kristi McLaughlin, executive director of the South Dakota Peace and Justice
Center, also said the Nebraska decision could act as a catalyst in pushing
South Dakota's Legislature to repeal the penalty.
"The hard-on-crime mentality, the kill-people-because-they-killed-people
mentality is slightly barbaric," McLaughlin said.
But Haggar said the push for repeal from South Dakota's neighbor to the south
likely wouldn't have much effect.
"I don't think it will really sway public opinion or policy makers' opinions in
South Dakota," he said.
Denny Davis, director of South Dakotans Against the Death Penalty, plans to
host an informational event in Sioux Falls on Saturday about efforts to repeal.
He said he hopes this effort will be his last in trying to push the measure
through the Statehouse.
"I certainly have that optimism, I don't have a crystal ball but we're going to
do everything we can," Davis said.
Current death row inmates
Charles Rhines: Rhines, of Rapid City, was convicted in the 1992 stabbing death
of 22-year-old Donnivan Schaffer during a burglary at a Rapid City doughnut
shop.
Briley Piper: The Anchorage, Alaska, man was convicted of the 2000 torture
murder of Chester Allan Poage.
Rodney Berget: The Sioux Falls man pleaded guilty to the murder of Correctional
Officer Ronald "R.J." Johnson.
(source: Sioux Falls Argus Leader)
USA:
Donald Trump: Death Penalty for Anyone Who Kills Police Officer
Donald Trump, after receiving the endorsement of the New England Police
Benevolence Association, announced that he supported the death penalty for
anyone who kills a police officer.
Speaking to a police union in New Hampshire, Republican presidential candidate
Donald Trump said as president, he would call for the death of anyone who
killed a police officer.
"Anybody killing a police officer - death penalty is going to happen," Trump
said to raucous applause Thursday night.
The Republican front-runner was the special guest at a Portsmouth forum by the
New England Police Benevelent Association, which announced its endorsement of
Trump at the event.
(source: necn.com)
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