[Deathpenalty] death penalty news----TEXAS, PENN. S.C., ALA., OHIO, MICH, KY., TENN.

[Rick Halperin]

Feb. 7



TEXAS:

Texas running low on execution drug



Following Wednesday's execution in Huntsville, Texas now has only enough of the 
drug pentobarbital to carry out 2 more lethal injections before the state's 
supply runs out.

The Associated Press reported in December that records obtained from the Texas 
Department of Criminal Justice through an open records request showed that the 
state had 12 doses of the execution drug in the agency's inventory. That number 
was enough to carry out the 1st 5 executions in 2015 since each lethal 
injection calls for 2 doses with another 2 kept for reserve.

3 executions have been carried out in 2015 with 8 more scheduled this year, 
including 3 in March.

Donald Newbury was put to death Wednesday evening for his role in the shooting 
death of 29-year-old Aubrey Hawkins during an armed robbery at an Irving 
sporting goods store on Christmas Eve in 2000.

Newbury was part of the group known as the "Texas 7," which went on the run 
following an escape from a Texas prison when Hawkins was gunned down.

Condemned killer Lester Bower Jr. was set to be executed next week for the 
shooting deaths of 4 men in Grayson County more than 30 years ago. The U.S. 
Supreme Court granted Bower a reprieve Thursday.

There are 2 more executions scheduled on March 5 and March 11. If those 
executions are carried out, the state would need to find a new supply of 
pentobarbital or obtain an alternate drug before March 18 when Randall Mays is 
scheduled for lethal injection.

"We're exploring all options including the continued use of pentobarbital or an 
alternate drug(s) in the lethal injection process," TDCJ said in a prepared 
statement.

Texas was forced to find nontraditional suppliers of execution drugs in recent 
years because the usual vendors refused to make their drugs available following 
scrutiny from death penalty opponents.

(source: Huntsville Item)

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

Executions under Greg Abbott, Jan. 21, 2015-present----3

Executions in Texas: Dec. 7, 1982----present-----521

Abbott#--------scheduled execution date-----name------------Tx. #

4------------Mar. 5--------------------Rodney Reed----------522

5------------Mar. 11-------------------Manuel Vasquez-------523

6------------Mar. 18-------------------Randall Mays---------524

7------------Apr. 9--------------------Kent Sprouse---------525

8------------Apr. 15-------------------Manual Garza---------526

9-----------Apr. 23-------------------Richard Vasquez------527

10-----------Apr. 28-------------------Robert Pruett--------528

11-----------May 12--------------------Derrick Charles------529

(sources: TDCJ & Rick Halperin)








PENNSYLVANIA:

Selenski conviction would bring separate sentencing hearing



The Luzerne County District Attorney's Office will seek the death penalty if 
Hugo Selenski is convicted of 1st-degree murder for either Michael Kerkowski, 
Tammy Fassett or both.

Under state law, a separate sentencing hearing must be held following a 
first-degree murder conviction, at which aggravating circumstances are 
presented to demonstrate that a crime is heinous enough to merit execution 
instead of life in prison.

But such a hearing also includes a recitation of mitigating circumstances, and 
jurors must be unanimous in finding that the aggravating circumstances are 
paramount.

If the jury cannot reach a unanimous decision, that has no impact on a guilty 
verdict, the law adds.

"In the sentencing hearing, evidence concerning the victim and the impact that 
the death of the victim has had on the family of the victim is admissible," the 
law states. "Additionally, evidence may be presented as to any other matter 
that the court deems relevant and admissible on the question of the sentence to 
be imposed."

Aggravating circumstances

State law lays out 18 aggravating circumstances for consideration.

3 were cited by then-District Attorney David Lupas in 2006: The 1st factor was 
based on the allegation that the homicides were perpetrated during the 
commission of another felony - robbery.

In addition to homicide charges, Selenski faces 3 counts of robbery, 2 counts 
of criminal conspiracy to commit robbery and 1 count of theft.

The other 2 factors were based on the fact that there was more than 1 victim.

Mitigating factors a jury may consider include extreme mental or emotional 
disturbance, no significant history of prior convictions, or other character 
issues such as upbringing.

Not 1st time

These issues should be familiar to Selenski, who faced the death penalty in a 
previous trial, for the deaths of Adeiye Keiler and Frank James, whose bodies 
were burned in a burn pit at the Kingston Township property where Selenski 
lived.

After a 2-week trial in March 2006, a jury found him not guilty in the Keiler 
slaying and a mistrial was declared for the James homicide.

The jury did convict Selenski of abusing their corpses and he was sentenced to 
time served in jail.

(source: Wilkes-Barre Times-Leader)








SOUTH CAROLINA:

Suspects in Sunhouse killings could face death penalty



Horry County police have charged three people with murder related to recent 
convenience store armed robberies and killings in the area - including 1 man 
who was jailed on Monday.

Police announced the arrests in a press conference Friday, and said the 
captures were the result of work by a task force of officers from various 
departments.

Charged are McKinley Daniels, 33, of Loris; James Daniels, 27, of Nichols; and 
Jerome Jenkins, 20, of Loris.

Each is charged with 2 counts of murder, 3 counts of armed robbery, 3 counts of 
using a firearm during a violent crime, and 1 count of attempted murder, said 
Lt. Raul E. Denis of Horry County Police.

Records from the State Law Enforcement Division show that McKinley Daniels was 
charged Monday with possession of a stolen vehicle and 5 misdemeanor charges. 
The circumstances of the vehicle stop were not detailed Friday.

Task force members worked around the clock on the cases, and one of the leads 
they received led them to a home in Loris where a person of interest was 
arrested, Denis said.

Police said evidence found at the home connects the person to the death of Bala 
Paruchuri during an armed robbery at the Sunhouse convenience store on Highway 
905 in Longs on Jan. 2; the armed robbery of the Scotchman convenience store on 
Lake Arrowhead Road; and the slaying of Trisha Stull during the armed robbery 
at the Sunhouse convenience store on Oak Street in Conway on Jan. 24. Denis 
would not say how the evidence links the person to the crime.

Denis said police aren't sure if the suspects are connected to any other recent 
area robberies - at least 75 since October - but stated the public should now 
feel safe walking into a convenience store.

Paruchuri was gunned down while the suspects were leaving the store after 
demanding money out of the register.

Surveillance video shows Paruchuri putting his hands in the air and cooperating 
with the robbers when he was shot multiple times, police said.

Stull had worked at the Sunhouse store for only a few weeks before she was shot 
twice; she hit the store's panic button to silently alert police something was 
wrong inside the business, police said.

Stull was pronounced dead inside the store.

"We pray to God there won't be any more armed robberies," Denis said.

Denis said police could not give more details about the investigation because 
it's "ongoing." He would not say whether additional arrests related to the 
crimes are likely.

Jimmy Richardson, 15th Circuit solicitor, said he hasn't determined whether to 
seek death sentences for the suspects.

Agencies on the task force that investigated the crimes included Horry County 
Sheriff's Office, SLED, South Carolina Highway Patrol, 15th Circuit Solicitor's 
Drug Enforcement Unit, Myrtle Beach Police Department, Conway Police 
Department, U.S. Marshals Service, Williamsburg County Sheriff's Office, and 
Bureau of Alcohol, Tobacco, Firearms and Explosives.

Both McKinley and James Daniels have prior felony convictions, according SLED 
records.

McKinley Daniels was sentenced to 10 years in prison in 2005 for 3 felony 
charges, including kidnapping and strong arm robbery, according to SLED 
records.

McKinley Daniels also was charged Monday with 5 misdemeanors - including 
failure to stop for blue lights - and possession of a stolen vehicle, according 
to SLED records. He has an $11,277.50 bail for the misdemeanor and stolen 
vehicle charges.

James Daniels' criminal history includes a sentence of five years in prison in 
2005 for convictions on the same three felony charges as McKinley Daniels. In 
2009, he was sentenced to 261 days in jail for possession of a weapon during a 
violent crime, according to SLED records.

News of the arrests Friday made 2015 more tolerable, said Gaylon Melvins, 
Sunhouse convenience store liaison. He said he hasn't stopped celebrating.

"It's a happy day," Melvins said.

Sunhouse stores are being equipped with better safety measures and brighter 
parking lot lighting to reduce the number of robberies and help customers feel 
at ease, Melvins said. He declined to explain the specifics of improvements.

He said every agency and officer involved in the weekslong investigation 
deserves applause.

"They all need to get a raise," Melvins said. "They did such an excellent job."

Paruchuri and Stull were hard workers, Melvins said. When asked about his 
reaction to the arrest, Melvins teared up.

"Bala ran that store. That was his store," Melvins said through tears. "Trisha 
was a hard worker and a human being, and they will always be in our hearts and 
prayers."

Richardson said the suspects could be tried in capital cases, meaning they'll 
receive the death penalty if found guilty. A death penalty case requires a 
murder charge plus another charge, so the suspect's cases qualify, he said.

"We certainly don't use the death penalty as a threat," Richardson said. "Once 
we look through all the evidence, we'll make a decision."

Paruchuri's wife hopes prosecutors decide on a capital case, said K.P. Maganti, 
Sunhouse convenience stores owner and friend of the Paruchuri family.

"When I told Bala's wife they arrested the suspects, she started crying," 
Maganti said. "The only thing she asked me, the only thing she wanted me to do 
was to make sure the prosecutors go for capital punishment."

"There should not be people like this in the world," he said. "I hope justice 
will be brought to the families."

(source: SCNow.com)








ALABAMA:

Court upholds 3 Ala death penalty cases



A state appeals court is upholding the convictions and death sentences of 2 men 
convicted of killing police officers.

The Alabama Court of Criminal Appeals issued opinions Friday denying appeals by 
Kerry M. Spencer and Bart Wayne Johnson.

Spencer was sentenced to death in the slayings of 3 Birmingham police officers 
in 2005. Jurors recommended life without parole, but a judge sentenced Spencer 
to die.

Johnson was convicted of killing a Pelham police officer in 2009. A Shelby 
County judge had to issue a new sentencing order for Johnson, and the appeals 
court says that order was sufficient to explain the penalty.

The court also upheld conviction and death sentence of James Earl Walker, who 
was convicted of killing an 87-year-old woman in Houston County in 2003.

(source: Associated Press)








OHIO:

Jury selection nearing completion in death penalty trial



Jury selection in the death penalty trial of a man accused of killing 2 people 
and setting a fire to cover it up appears to be in the home stretch with 
opening statements expected early next week.

Hager Church is on trial on 2 counts of aggravated murder and 1 count of 
aggravated arson in the deaths of Massie "Tina" Flint, 45, and her boyfriend, 
Rex Hall, 54. He is accused of beating Flint and then starting a fire to cover 
it up that ultimately killed Hall. The incident happened June 14, 2009, in a 
house at 262 S. Pine St.

After opening statements, the prosecution will begin presenting evidence 
including testimony from witnesses. If Church is convicted, the case would move 
to the penalty phase where a jury would have to decide whether Church should 
receive the death penalty for the alleged crime. Life in prison is the 
alternative.

Church, 30, already is serving a life sentence with no chance for parole in 
another case which he killed a woman in 2010. He beat her to death inside her 
home for a few dollars and costume jewelry.

(source: limaohio.com)








MICHIGAN:

Death penalty in Michigan? Doesn't seem likely -- A Michigan senator wants the 
death penalty in Michigan for cases in which a cop is killed. This Week in 
Review, Jack and Zoe discuss the proposal's timing and what would need to 
happen for it to become a reality.



A democratic senator from Detroit wants Michigan to legalize the death penalty 
for people convicted of killing a police or correctional officer.

Senator Virgil Smith said he's making the push on behalf of a voter in his 
district whose son was killed in the line of duty.

Lessenberry said it's "tradition" for legislators to make proposals like this 
every so often.

"It's sort of a feel-good thing to introduce legislation like this," 
Lessenberry said. "But I can tell you, nothing will come of it."

Constitutional revision

It would take an amendment to the state's constitution to make capital 
punishment a reality in Michigan.

To make that happen, there'd have to be a 2/3 vote in the state House and 
Senate before the resolution would go to the ballot for voters to ultimately 
decide.

Lessenberry is doubtful legislators would let it get that far.

"Polls show that Michigan voters don't want the death penalty," he said. "If it 
were to get to the ballot, and I'm predicting it certainly won't, it would 
fail."

Is timing everything?

After a year of botched executions in other states making headlines, it's fair 
to say Smith's timing is interesting

Especially since as a state, Michigan has never allowed the death penalty and 
was one of the 1st English-speaking jurisdictions to abolish it.

Lessenberry said there are plenty of constituents who'd like to keep it that 
way.

"This [proposal] would not surprise me if we'd had some horrific murder of a 
police officer," Lessenberry said. "Fortunately, we haven't."

(source: Michigan Radio)




KENTUCKY:

State Seeks Death Penalty In Scott County Murder Case



The death penalty is now on the table for the man accused of murdering a 
retired Scott County School bus driver. The news broke in court Friday 
afternoon, 5 years after Sue Jones was beaten to death in her home. It was a 
moment her family said they have been waiting for.

Sue's daughter, Gail Jones has never given up since her mother was killed. For 
5 years she's been fighting for her mom, and fighting for 1 thing.

"Let her know it's over, that justice has been done," said Gail. On Friday she 
said she was 1 step closer to that justice for Sue.

"I am totally surprised and I am totally happy. You know, now we are definitely 
going for the death penalty," said Gail.

In court Friday afternoon, the Scott County Commonwealths Attorney announced 
they are seeking the death penalty against Nick Willinger. Willinger is accused 
of beating Sue to death during a botched burglary in February of 2010.

Last month Ciji Jefferson, Sue's former neighbor, plead guilty to complicity to 
commit burglary for driving Willinger to the crime. Before Willinger and 
Jefferson were arrested in January of 2014, the case had been cold for four 
years.

"Last year was their arrest, and it blew me away, it totally blew me away... 
And now, another year later, it's like wow," said Gail. Her relentless 
determination to find her mother's killer, feels like it's coming to a close.

"Honestly, I would like to watch him die," said Gail. "That way he will feel 
the pain, the pain that she had to feel."

While the state is seeking the death penalty, that outcome depends on the 
trail. Gail said Willinger's trial is set for January of 2016, and Jefferson is 
scheduled to be sentenced afterward. Gail said she wants a guilty verdict in 
Willinger's trial, and then some answers.

"Why would you do this? I just don't get it," said Gail. While she may never 
know why, she hopes to have closure by this time next year, for the 6th 
anniversary of her mother's death.

"Let's celebrate the greatness of mom's life, let's celebrate that justice is 
going to be done," said Gail.

(source: lex18.com)

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

Prosecutors seek death penalty in murder of retired Scott Co. bus driver



Prosecutors will seek the death penalty against a man accused of killing a 
retired Scott County school bus driver.

During a court hearing on Friday, The Commonwealth's Attorney's office filed a 
motion to seek the death penalty against Nicholas Willinger.

Willinger is charged with murder in the 2010 beating death of Sue Jones.

Police arrested Willinger in February of 2014. Investigators say he went to 
Jones' home to steal money and attacked her when she confronted him.

Last month, Ciji Jefferson pleaded guilty to her role in the crime. She 
admitted she told Willinger that Jones kept a large amount of cash in her home. 
Jefferson pleaded guilty to complicity to commit burglary. She will be 
sentenced on March 10.

In court on Friday, the judge set a trial date for Willinger. It is scheduled 
to begin on January 11, 2016. He will be back in court on May 1 for a status 
hearing.

(source: WKYT news)

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

State to seek death penalty in Jones murder case



5 years to the day after retired school bus driver Sue Jones was killed, 
prosecutors said they will seek the death penalty against the man accused of 
murdering her, court papers show.

Commonwealth's Attorney Gordie Shaw filed a notice of intent to seek the death 
penalty against Nicholas A. "Nic" Willinger, 31, of Lexington in Scott County 
Circuit Court on Wednesday.

In the notice, Shaw described the death penalty as "an available and 
appropriate punishment" in the case. Shaw cited Kentucky state law's 
requirement of aggravating circumstances that justify capital punishment. 
Specifically, Shaw cited a clause regarding murders committed in cases 
involving 1st-degree robbery, 1st-degree burglary, 1st-degree arson, 1st-degree 
rape or 1st-degree sodomy.

Willinger is charged with 1st-degree murder, 1st-degree robbery and 1st-degree 
murder in the beating death of Jones at her Double Culvert Road home south of 
Sadieville on Feb. 4, 2010.

The case lay dormant for 4 years until late January 2014, when Kentucky State 
Police investigators arrested Willinger at his mother's Lexington home.

They also arrested a former neighbor of Jones, 29-year-old Ciji Jefferson, in 
St. Cloud, Fla., on a charge of complicity to burglary.

Last month, Jefferson pleaded guilty to the charge before Scott County Circuit 
Judge Paul Isaacs.

Jefferson's attorney, Brent Cox of Lexington, said Jefferson plans to testify 
against Willinger when the case comes to trial.

Shaw's motion indicates Willinger is represented by attorney Sandra Downs. She 
could not be reached for comment

(source: News-Graphic)








TENNESSEE:

Elizabethton teen facing death penalty appears in 2 courtrooms



It was a busy day for Anthony Lacy, 18, on Friday. He made appearances in 
Criminal Court in the morning and Sessions Court in the afternoon in Carter 
County.

It was Lacy's 1st court appearance since First Judicial District Attorney 
General Tony Clark announced his intention last month to seek the death penalty 
if Lacy is convicted of 1st-degree murder in the death of Danny Ray Vance on 
the front porch of Vance's home in Heaton Creek community on July 4. Police 
said Vance was beaten in the head with a large rock, which was found broken in 
2 near the body.

Clark's announcement that he will seek the death penalty in Lacy's case 
triggers several actions that are not required in non-capital cases. Presiding 
Judge Stacy Street said an indigent defendant in a capital case has to be 
represented by 2 attorneys who have the experience and training in defense of 
defendants charged with a capital offense. In non-capital cases, only one 
attorney is appointed.

Street had previously appointed Jim Bowman to defend Lacy. Street said Bowman 
will now be the lead counsel in the case. Street said the rule allowed the lead 
counsel to choose the co-counsel for the case. Bowman chose Gene Scott. Street 
approved the choice.

Another difference in a capital case is that the judge is also entitled to the 
advice of an attorney to advise him on provide research in the complex matters 
that come up in capital cases.

There was little discussion about the specifics of the case on Friday, but one 
matter that was brought up was whether or not to try Lacy first on an incident 
that occurred several months after Vance was killed. That case is an attempted 
1st-degree murder charge, which alleges that while Lacy was being held in 
pretrial confinement on Oct. 23, Lacy attacked jailer Dwight Lacey with a mop 
handle, causing such severe injuries that Lacey has only recently been able to 
return to work.

If convicted of that charge, it would be one of the two aggravating 
circumstances that Clark listed in his announcement about seeking the death 
penalty. Clark wrote in the announcement that if Lacy is not convicted in that 
case, the state will withdraw that aggravating circumstance.

The other aggravating circumstance is that Lacy "knowingly committed" the 
murder while attempting to rob Vance.

>From the limited discussions in court on Friday, Street said it was evident 
that the state wants to try the attempted-1st degree murder case first and then 
try Lacy on the murder case. Street said it was also evident that the defense 
will oppose trying the cases in the sequence the state prefers.

Bowman also asked Street about making it easier for him to visit his client. 
Lacy was transferred to the state Department of Corrections after the allged 
attack on Lacey and other alleged acts of violence in the jail. Street said it 
was difficult for the defense to meet with Lacy while he is confined at the 
Riverbend prison in Nashville. Street said he plans to move Lacy to confinement 
somewhere in the First Judicial District around the end of March.

Street set Lacy's next court appearance for April 15.

Another defendant in a 1st-degree murder case also appeared before Street on 
Friday. Whitney Kristina Harris is a co-defendant with Jason Pate in the murder 
of Lonnie Townsend on April 17, 2012. Gene Scott is defending Harris in the 
case.

Street said Pate is scheduled for trail on April 27-30. He set Harris' next 
court appearance for the conclusion of Pate's trial on April 30.M

Lacy made his 2nd court appearance in Sessions Court during the afternoon. A 
preliminary hearing was scheduled on charges of aggravated assault and 
vandalism charges stemming from an Aug. 29 incident in which Lacy allegedly 
struck his cellmate, James Buckingham, with a sprinkler head. Corrections 
officers reportedly found Buckingham lying on his back in a pool of blood under 
his bunk. Lacy was allegedly standing up in the cell.

Courtroom security was heavy for the expected hearing, with several captains 
and Sheriff Dexter Lunceford standing guard. Assistant District Attorney Dennis 
Brooks had located Buckingham in Illinois and brought him back for the hearing, 
but the tension was quickly dissipated when Lacy's attorney in that case, 
Patrick Denton, announced Lacy was waiving his right to the preliminary 
hearing.

Sessions Judge Keith Bowers Jr. then ordered the case bound to a Carter County 
grand jury.

(source: Johnson City Press)