[Deathpenalty] death penalty news----TEXAS, PENN., VA., GA., FLA.
Rick Halperin
rhalperi at smu.edu
Wed Feb 25 15:58:52 CST 2015
Feb. 25
TEXAS:
Gov. Abbott Calls For 'Effective Death Penalty'
Today Governor Greg Abbott is speaking out for the 1st time about the Texas
Court of Criminal Appeals' stay of execution in the case of Rodney Reed. A
Bastrop County jury convicted Reed of the 1996 rape and strangling death of
Stacey Stites.
Investigators say they found his DNA on the body. Prosecutors successfully
argued the evidence tied him to the crime. But Reed's supporters claim he had a
relationship with the victim.
Today we asked Governor Abbott about the hold on Reed's execution that we first
reported Monday on KEYE TV News at 5:00 and the possibility of a new trial. He
reiterated his support for what he calls "an effective death penalty in Texas."
But he says that whenever it's applied we need to be certain the person
commited the crime. Abbott adds, "I think that this is a healthy process that
the court announced what it did so we can put beyond the shadow of any doubt
whatsoever that he really is guilty of the crime for which he was convicted."
In the request for the stay of execution, one of the forensic experts who
testified at Reed's trial says he now believes Reed's DNA could have been
placed on Stites hours before she died ... perhaps even longer. New Texas
Attorney General Ken Paxton is reviewing the appeals court's order.
(source: KEYE TV news)
****************
Rodney Reed wins a reprieve
Supporters see the Texas high court's decision to stay the execution of Rodney
Reed as a first step in the fight to ultimately win his freedom, reports
Elizabeth Schulte.
A week before his scheduled execution on March 5, Texas death row prisoner
Rodney Reed won a stay of execution from the Texas Court of Criminal Appeals.
Reed, his family and his supporters have maintained Rodney's innocence ever
since his 1998 conviction for the murder of Stacy Stites in Bastrop, Texas.
Reed's lawyers have long argued that if evidence uncovered in the years since
then was properly heard in court, he would be exonerated and freed.
Law enforcement and prosecutors ignored the original suspect in the
murder--Stites' fiancee, a local police officer with a violent history--and
instead built a case against Reed. The all-white Texas jury easily voted to
convict a Black man accused of killing a white woman.
The stay could provide an opportunity for a court to hear new evidence,
including the conclusions of forensic experts that Reed didn't sexually assault
the 19-year-old Stites, as prosecutors claimed, as well as evidence that Reed
was nowhere near the victim at the time of her murder. Reed's lawyers also hope
the courts will finally allow DNA testing on all the material in the case,
which they have fought for, but have been denied before.
As Lily Hughes of the Campaign to End the Death Penalty said:
The stay of execution from the Texas Court of Criminal Appeals is excellent
news and is just what we were hoping for at this stage. Now we are waiting for
some indication from the court about how much of a hearing they will give the
new claims that were raised in this appeal. We are looking for a full review of
the explosive new medical findings, and we'd also like to see all the evidence
tested for DNA that we have been asking for.
Whether it's through evidentiary hearings--or, even better, a new trial--we
want a chance for all the evidence to be heard. Then we think the courts can
have but 1 conclusion--Rodney Reed is innocent of this crime and must be freed
from death row!
- - - - - - - - - - - - - - - -
There is nothing the Texas justice system would have liked more than for
Rodney's case to be swept under the rug. But his family and supporters in the
anti-death penalty movement have done their best to keep this injustice in the
spotlight, where it belongs.
As Rodney's brother Rodrick told reporters at a press conference after the
announcement of the stay, "Without people supporting us, backing us, getting
out there and raising their voices, screaming at the top of their lungs, we may
never have got this attention. They may have never even looked into it like
they're doing."
On February 21, hundreds of people rallied in Austin at the state Capitol
building to let Texas know that they're watching. Family members, exonerated
death row prisoners and death penalty opponents gathered to show their support.
"We've been fighting tirelessly," Rodney's mother Sandra Reed told the crowd
that day. "I will not give up this fight. I will not, regardless of what the
outcome will be...There are too many innocent men that have gone, that are
waiting, and that will go if we don't stop this murder--this murdering machine,
the death penalty."
Supporters see the Texas high court's decision as a step in the direction of a
bigger demand--freedom for an innocent man.
"Look into this case," Rodrick Reed told reporters after the announcement of
the stay. "This man is innocent. Do the right thing. The lieutenant governor
said, 'It's a new day in Texas.' I want to see that new day. I want to see
justice done in this case, not just for Rodney, but for everybody."
(source: SocialistWorker.org)
*********************
Dallas-area man on death row for killing 2 loses appeal
The Texas Court of Criminal Appeals has upheld the death sentence of a
Dallas-area man convicted of killing his girlfriend and her daughter during a
jealous rage 4 years ago.
Attorneys for 42-year-old Tyrone Cade of Irving argued that his trial in 2012
was marked by 44 errors, including problems with jury instructions, admission
of evidence, improper testimony and insufficient evidence to support a death
penalty verdict.
The state's highest criminal court Wednesday rejected each claim.
Cade's lawyers at his trial said he was insane when he fatally stabbed
37-year-old Mischell Fuller and her 17-year-old daughter Desaree Hoskins at
their home. Evidence showed Cade's relationship with Fuller was deteriorating.
Evidence also showed Cade confessed to the slayings in a 911 call from a pay
phone in a police station.
(source: Associated Press)
PENNSYLVANIA:
Chester County death sentence overturned in shooting case
Only 2 men have been sentenced to death by Chester County Common Pleas juries
since capital punishment was reinstated in 1976. Now, 1 of them has been
granted a reprieve - at least temporarily - because of his attorney's alleged
ineffectiveness.
Last fall, U.S. District Judge James Gardner vacated the death sentence that
was handed down more than 20 years ago against Darrick Hall, convicted of
shooting and killing a Coatesville coin laundry manager, Donald R. Johnson,
during an armed robbery 1 week before Christmas 1993. The decision came in the
wake of Hall's habeas corpus petition filed on his behalf by the Federal
Defender's Association.
The judge, in an exhaustive opinion, wrote that Hall's attorney, Robert Miller
of Philadelphia, had failed to meet the legal standard for effectiveness of
counsel in capital trials during the penalty phase, after which the jury
returned its verdict of a death sentence. At the time, it was the only jury to
impose that sentence on a defendant in the county in 18 years.
Gardner wrote in his Oct. 21, 2014 opinion that Miller failed "to investigate
and present significant mitigating evidence in the penalty phase of (Hall's)
trial regarding (his) abusive childhood, illnesses and injuries normally
associated with developmental and cognitive delays, and his inability to adjust
to a strutted environment during the years he attended a disciplinary school."
More specifically, Gardner stated, Miller, "failed to seek out, interview and
present testimony from some of (Hall's) family, friends and employers, and
failed to request readily available medical, educational and court records and
failed to obtain evaluations by a mental health expert."
"This fell below an objective standard of reasonableness, and (Hall) suffered
prejudice as a result of (Miller's) deficient performance," Gardner wrote.
Gardner, however, did not overturn Hall's conviction for 1st-degree murder. The
case is now on appeal to the Third Circuit Court in Philadelphia.
Hall, now 44, of Philadelphia, is currently housed in Graterford state prison,
where he is still technically awaiting execution as his case makes its way
through the appellate process. His appeal had been denied by the state Supreme
Court, which had also ruled on the question of Miller's effectiveness and
denied the claim.
Miller, who was hired by Hall's family to replace attorneys from the county
Public Defender's Office who had represented Hall since his arrest, could not
be reached for comment. A secretary at the office of another attorney with the
same name - Robert S. Miller - said they had received inquiries about him in
the past but could not offer forwarding contact information.
Miller's presentation at Hall's sentencing hearing was a stark contrast to
other penalty hearings in county capital cases. He presented only 2 witnesses -
a former girlfriend and Hall's mother - but they offered little in the way of
testimony. Hall did not take the stand in his own defense, and Miller later
told the judge overseeing the case - then Common Pleas Judge Paula Francisco
Ott, now a member of the state Superior Court - that his client had told him
not to offer any more in the way of evidence mitigating his case.
On the other hand, in 2 recent death penalty cases - those involving
Coatesville crime figure Duron "Gotti" People and chainsaw killer LaQuanta
Chapman - attorneys presented detailed testimony about their clients' troubled
upbringings. Chapman's attorney included a videotape about the community where
the defendant was raised in New Jersey, and Peoples took the stand to tell
jurors about his childhood troubles himself.
Peoples was spared the death penalty last fall and sentenced to life for the
contract murder case of a Coatesville barbershop owner he was engaged in a
running feud with. Chapman was sentenced to death in November 2012 for the
murder of a Coatesville teenager, whose body he dismembered with a chainsaw.
On Dec. 18, 1993, Hall and two other men engaged in a plan to rob the
Coatesville laundromat located in the center of the city off East Lincoln
Highway. 1 man, Troy Davis, acted as the getaway driver, while the other Tyrone
Green stood inside the laundromat to act as bodyguard for Hall.
The 3 men had come to Coatesville earlier that month to sell a quantity of
crack cocaine they had between themselves to raise money for Christmas
presents, according to testimony at one of the 3 trials. But Davis used all of
the drug himself, so the men decided they needed a quick robbery to recoup
their funds. They chose the busy laundromat, on a Saturday morning, as their
target.
Hall, brandishing a handgun, marched up to the manager's desk at the rear of
the building, where Johnson, a well-liked 59-year-old man was seated. "What's
up, Pops?" he said, according to witnesses, and pulled his handgun. When the
manager made a move to disarm him, Hall fired 2 shots, hitting Johnson in his
chest and in the back of his head. He died instantly.
In his closing argument at the end of the November 1994 trial, then District
Attorney Anthony Sarcione, now a Common Pleas judge, pointed angrily at Hall,
seated at the defense table, and said, "The only thing colder than the grave of
Mr. Johnson is this guy's heart, because he put him there."
Writing in his October 2014 decision, Gardner agreed with Hall's appellate
attorneys that a investigation into Hall's background would have found evidence
of extreme childhood abuse cursory and a history of significant head traumas
and seizures, according to the 180-page ruling. Indeed, Hall's previous
attorney from the Public Defender's office testified he had begun that
investigation when Hall's family decided to hire Miller, a private attorney,
instead.
There was evidence that Hall's father regularly raped and beat his mother,
pulled knives on her and threatened to kill her, Gardner found. Hall submitted
an affidavit from his mother that Hall's father once kept her "in the house and
repeatedly raped and beat her until friends were able to free her." 4
affidavits also show that Hall witnessed his father breaking his mother's arm.
Hall's father took money allotted for food and household expenses and used them
for drugs, the affidavits showed. When Hall was 5, his father was arrested and
his mother began a relationship with another man who beat Hall. Around this
time, his mother "began drinking as a way to cope with the abuse," the court
found, citing the affidavits.
Hall's medical history meanwhile includes seizures and a bicycle accident when
he was 8 years old that resulted in the loss of consciousness, according to
Gardner's ruling. A psychological evaluation showed he had an IQ score of 73,
below average, according to the opinion.
The habeas petition was opposed by the state Attorney General's Office, which
argued that Miller had been abiding by Hall's decision not to present
mitigating witnesses or take the stand, even though Miller had explained to him
what could happen. It said that Miller had "strategic reasons for presenting
only 2 witnesses ... and for not presenting (Hall's) school records or
employment history."
Green and Davis were also convicted of Johnson's murder. Green is serving a
life sentence.
(source: mainlinemedianews.com)
*******************
Pa. death penalty moratorium senseless
I wholeheartedly oppose the death penalty moratorium put in place by Gov. Wolf.
It is senseless and stupid. Let the perpetrators pay for what they did, and
let's put that money to a better use.
I am, however, all for raising the minimum wage in Pennsylvania and legalizing
marijuana for medical purposes. I feel that the last 2 measures are long
overdue.
Harrisburg has a history of blocking the death penalty. It is time it learns to
stop interfering with it.
Constance A. Rampulla-White
Bethlehem Township
(source: Letter to the Editor, Allentown Morning Call)
*************************
Death penalty facts have no liberal bias
When Gov. Tom Wolf imposed a moratorium on Pennsylvania's death penalty, he
stated that it is "error-prone, expensive and anything but infallible." He
didn't just pull that out of the air. The report on Pennsylvania's death
penalty conducted by no less than the American Bar Association said the same
thing.
The ongoing legislative study of the death penalty began in 2011 and was
created by a resolution introduced by Republican Senate Judiciary Chair Stewart
Greenleaf. It is examining impact on victims' families, costs and potential
biases in the system.
I find the statements of victims' family members, such as Marlene Lang,
compelling.
Let's see what the report recommends. Since when do facts have a liberal bias?
FYI, I am not a Democrat nor did I vote for Tom Wolf. However, he is legally
authorized to grant a reprieve here because, contrary to what the Philly
District Attorney's Office pontificates, Williams still has viable avenues of
relief, including pleadings filed long ago. Mr. Williams and the others on
death row aren't going anywhere; we're not talking about releasing them. The
worst that could happen is that they'd die in prison, a fate much worse than
execution, in my opinion.
BRANDON LANDGRAF
York College student
***********************
Ray Krone's sister weighs in on death penalty moratorium----Sister urges people
to learn truth of death penalty
I just read the thoughts of York County District Attorney Tom Kearney, who
said, "What Governor Wolf does not understand is the pain and anguish that
victims' loved ones feel when someone they love is taken at the hands of
another." I just can't help comment almost the same thing that he did, only
from my point of view.
What Tom Kearney does not understand is the pain and anguish that the innocent
death row inmate's loved ones feel when someone they love is taken at the hands
of another.
I would love to have a conversation with those elected to serve their
communities about my family's pain and anguish. It is just as bad when your
loved one is sitting in prison for something they didn't do. Helplessness,
hopelessness, discrimination, depression, anxiety, anger, rage, etc. I can talk
about it because I was there for 10 years. I will talk about prosecutors,
investigators, juries, expert witnesses and more.
I know families of those murder victims who do not support the death penalty.
Don't kill people in their names. I know it cost much more for a death penalty
case than for a life in prison without parole case.
Why do these elected officials hide behind the truth? They just need their
"high" that comes from a death penalty case. Right or wrong, it's about them
and their acting careers. There are so many sides to this, and I feel that Gov.
Tom Wolf has the guts to address this death penalty issue and look at it fairly
from all sides.
Educate yourselves, everyone, to the truth behind this. Don't let revenge ruin
your heart.
Go, Tom, go.
AMY KRONE WILKISON
Ray Krone's sister
Dover
(source for both: Letter to the Editor, York Dispatch)
VIRGINIA:
Va. House kills lethal injection secrecy bill despite support of McAuliffe
In a surprising vote of support for transparency in state-sponsored executions,
the Virginia House of Delegates on Tuesday killed a bill that opponents said
would have shrouded lethal injection in unprecedented secrecy.
The controversial measure was intended to keep drugs used for lethal injection
flowing into Virginia by shielding manufacturers from public scrutiny and
political pressure.
Despite bipartisan support from Gov. Terry McAuliffe (D) and the Senate, the
overwhelmingly Republican House killed the bill, 56 to 42.
The bill, sponsored by Senate Minority Leader Richard L. Saslaw (D-Fairfax),
passed the Senate, 23 to 14, earlier this month.
Saslaw said he was surprised to see the bill fail, but cited opposition to the
death penalty and concerns about government secrecy.
"The combination of the 2 (issues)" seemed to do the bill in, he said. "I would
imagine within a year or 2, you're probably going to see a bill to just go back
to the electric chair," he said.
In Virginia, inmates sentenced to the death penalty have a choice between the
electric chair and lethal injection, but drugs are the default method of
execution.
The issue was thrust into the national spotlight after foreign companies
stopped selling such drugs as a result of pressure from their governments. That
left some states unable to carry out death sentences and prompted others to
experiment with chemicals that have been blamed for several ???high-profile
botched executions.
Del. James M. LeMunyon (R-Fairfax) voted against the bill after making an
unsuccessful attempt to put off the debate until next year.
"I think open government trumped secrecy today, and that's a good thing," he
said.
The legislation would have prevented the public from scrutinizing most
everything to do with the death penalty in Virginia.
The bill says that "all information relating to the execution process" would be
exempt from the state's open records law. Although the names and quantities of
chemicals used would had to have been disclosed, the names of the companies
that sell them and information about buildings and equipment used in the
process would have been withheld.
Del. David B. Albo (R-Fairfax), who voted for the bill, offered an amendment
that would have let defense attorneys and their clients see confidential
information about the drug formulation and who made the drugs.
His goal was "to make sure they weren't putting something in there that wasn't
approved," he said.
In the House, all Democrats and a strong contingent of Republicans with
concerns about privacy joined forces to kill the bill.
"I'm pleased that some sense of rationality and dignity prevailed," Del. Scott
A. Surovell (D-Fairfax) said. "Anytime somebody in the government wants to
restrict information about what the government is going to do, I think we need
to ask some really difficult questions and get some straight answers before we
grant them that right."
The state Supreme Court is considering a case brought by Surovell over an open
records request he filed - and the state denied - for records related to drugs,
execution protocols and other issues. The U.S. Supreme Court is also reviewing
lethal injections in Oklahoma.
(source: Washington Post)
*****************
ACLU of Virginia welcomes House of Delegates vote to reject secret execution
procedures
Today the American Civil Liberties Union (ACLU) of Virginia welcomes the
Virginia House of Delegates decision to reject a bill (SB 1393, Saslaw) that
would have shrouded Virginia's lethal injection execution procedures in
secrecy.
"We were glad to work with the Catholic Conference, Virginians for Alternatives
to the Death Penalty, and the Virginia Press Association to defeat this
legislation that would have brought secret, experimental executions to the
Commonwealth," said Frank Knaack, ACLU of Virginia Director of Public Policy
and Communications. "By prohibiting the public from knowing anything about the
lethal injection drug source, materials, or components, the legislation would
have made the execution process almost entirely secret and subject to the
unsupervised whim of the Director of the Department of Corrections. This level
of secrecy and unchecked government authority is unacceptable, particularly
when we're talking about the awesome power of the government to kill in our
name," Mr. Knaack concluded.
"We are grateful particularly to those members of the House of Delegates who
took a principled stand for transparency and accountability in government today
despite accusations that to do so would be said to mean that they are against
the death penalty," said Claire Guthrie Gastanaga, Executive Director of the
ACLU of Virginia. "We thank them for recognizing that transparency and
accountability are necessary to democracy, not just buzzwords that you cast
aside cavalierly in an election year. Whether you oppose the death penalty, as
we do, or support its continued use, government in the sunshine is nowhere more
important than where it involves the exercise of the government???s ultimate
power over a person's life," added Ms. Gastanaga.
Senate Bill 1393 (Sen. Saslaw) would have allowed the Department of Corrections
to contract with compounding pharmacies to make up drugs for use in lethal
injection and exempt from public disclosure laws the manufacturer of and the
materials and components used to create the drugs. The bill was part of
Governor McAuliffe's legislative package and was actively lobbied by the
Department of Corrections and the Secretary of Public Safety and Homeland
Security.
(source: Augusta Free Press)
GEORGIA----impending (female) execution rescheduled for Monday
Parole board denies clemency in Kelly Gissendaner death penalty case
It's official: Kelly Gissendaner will die at the hands of the state of Georgia.
The Georgia Board of Pardons and Paroles announced Wednesday morning its
decision to deny clemency for Gissendaner, the 46-year-old former Auburn woman
accused of orchestrating her husband's murder in 1997. Her appeals already
exhausted, the parole board was her last hope to avoid execution.
"In reaching its decision," parole board spokesman Steve Hayes said in an
emailed statement, "the Board thoroughly reviewed all information and documents
pertaining to the case. In addition to hearing testimony during the meeting on
Tuesday, the Board, prior to the meeting had thoroughly reviewed the parole
case file on the inmate, which includes the circumstances of the death penalty
case, the inmate's criminal history, and a comprehensive history of the
inmate's life."
21 people were at Tuesday's hearing in Atlanta to support Gissendaner's
clemency application. Among them were 2 of her children, several Department of
Corrections volunteers and many representatives from religious organizations.
The hearing was closed to the media, but Gissendaner's application was released
prior to the hearing. In the 54-page document, the chairman of Georgia Prison
Ministries called Gissendaner "a truly redeemed woman." The condemned
prisoner's son and daughter vouched for their mother.
"It was by no means an easy road, but I learned that forgiving my mother was
the best way to truly honor my father's memory and who he was," Gissendaner's
daughter, who was 6 at the time of the murder, said. "My mother has become a
woman full of love and compassion who is striving to become the best person she
can within her situation."
Following Wednesday's announcement of the parole board's decision, the family
of Doug Gissendaner - the husband that Kelly Gissendaner had killed by her
lover, Greg Owen - released a lengthy statement through the Gwinnett County
District Attorney's Office.
"This has been a long, hard, heartbreaking road for us," the statement said, in
part. "Now that this chapter in this nightmare is over, Doug would want us and
all of the people who loved him to find peace, to remember all the happy times
and cherish memories we have of him. We should all strive every day to be the
kind of person he was. Never forget him."
The only question left is when Gissendaner will be executed. She had been
scheduled to die by lethal injection at 7 p.m. Wednesday, but Gwinnett County
District Attorney Danny Porter told the Daily Post on Tuesday night that the
execution was likely to be rescheduled due to weather.
As of Wednesday morning, attempts to confirm that with the Georgia Department
of Corrections were unsuccessful.
(source: Gwinnett Daily Post)
**********************************
Ga. woman's execution rescheduled for Monday
Tonight's scheduled execution of Kelly Renee Gissendaner has been rescheduled
for Monday at 7 p.m. because of predicted winter weather.
The Department of Corrections, which carries out executions for Georgia,
confirmed the change just hours before Gissendaner was to die even though the
decision was made Tuesday night.
The news that Gissendaner execution had been pushed back was released more than
2 hours after the State Board of Pardons and Paroles announced it had rejected
her application for clemency.
A press release from the board said it considered all the arguments and
documentation in its review Tuesday.
Gissendaner was convicted of murder in the February 1997 death of her husband,
Douglas Gissendaner, and sentenced to death. She conspired with her former
lover, Gregory Owen, who stabbed Douglas Gissendaner to death. Owen is serving
a life sentence with a possibility of parole after 25 years in prison.
Gissendaner's appeal to the United States Supreme Court was denied October 6,
2014.
Gissendaner was scheduled to die at 7 p.m. at the Georgia Diagnostic and
Classification Prison in Jackson. Her execution warrant says she is to be put
to death between noon today and noon this coming Wednsday. If that deadline
passes, a new execution warrant must be signed.
(source: Atlanta Journal-Constitution)
**************************
Kelly Renee Gissendaner Execution Delayed, Possibly Due Georgia Storm Forecast
The state of Georgia on Wednesday delayed the execution of its only female
death row inmate, ahead of a winter storm forecast to hit many areas with
several inches of snow.
Kelly Renee Gissendaner, 46, had been scheduled for execution at 7 p.m. at the
state prison in Jackson. The execution has been reset for Monday, according to
a Department of Corrections statement.
The department didn't give a reason in its statement. A winter storm was is
forecast to hit parts of Georgia on Wednesday afternoon, closing schools and
offices and prompting warnings about roads.
Gissendaner was convicted of murder in the February 1997 slaying of her
husband. Prosecutors said she plotted with her boyfriend, Gregory Owen, in the
killing.
Owen pleaded guilty and received a life prison sentence. A jury sentenced
Gissendaner to death in 1998.
The State Board of Pardons and Paroles held a clemency hearing Tuesday for
Gissendaner but announced Wednesday that her request for clemency was denied.
The parole board is the only entity in Georgia with the authority to commute a
death sentence.
Gissendaner would be the 1st woman executed in Georgia in about 70 years.
Gissendaner told police her husband didn't return home Feb. 7, 1997, from
dinner with friends in Lawrenceville, just outside Atlanta. His burned-out car
was found 2 days later. His body was found about a week after that, roughly a
mile from the car, in a remote wooded area. He had been stabbed several times.
Kelly and Douglas Gissendaner had a troubled relationship, splitting up and
getting back together multiple times, including divorcing and remarrying,
according to information provided by the state attorney general's office. Kelly
Gissendaner repeatedly pushed Owen in late 1996 to kill her husband rather than
just divorcing him as Owen suggested, prosecutors said.
Acting on Kelly Gissendaner's instructions, Owen ambushed Douglas Gissendaner
at Gissendaner's home, forced him to drive to a remote area and stabbed him
multiple times, prosecutors said.
Investigators looking into Douglas Gissendaner's killing zeroed in on Owen once
they learned of his affair with Kelly Gissendaner. He initially denied
involvement but eventually confessed and implicated Kelly Gissendaner.
Owen, who pleaded guilty and is serving life in prison, testified at
Gissendaner's trial. A jury found Gissendaner guilty and sentenced her to death
in 1998.
A clemency petition submitted by Gissendaner's lawyers was declassified and
made public Monday by the parole board. It included several dozen testimonials
from prison employees, clergy, educators and fellow inmates detailing
Gissendaner's transformation through faith into a positive role model who has
aided troubled inmates and helped prison guards keep order.
The clemency petition also included statements from 2 of Gissendaner's 3
children asking the parole board to spare their mother's life.
Kayla Gissendaner, who was 7 when her father was killed, wrote to the board
that she'd gone through periods of not speaking to her mother and that it had
taken her a long time to get over her anger and bitterness at her mother for
taking her father away.
"It was by no means and easy road, but I learned that forgiving my mother was
the best way to truly honor my father's memory and who he was," she wrote. "My
mother has become a woman full of love and compassion who is striving to become
the best person she can within her situation."
The clemency petition also included a statement from Gissendaner, who
apologized to her children and to the Gissendaner family.
"There are no excuses for what I did. I am fully responsible for my role in my
husband's murder," she said. "I had become so self-centered and bitter about my
life and who I had become, that I lost all judgment."
(source: Huffington Post)
FLORIDA:
Court hearing resumes for Clearwater man who hopes for the death penalty
A court hearing resumed Wednesday morning in the case of double-murderer Craig
Wall, part of a process that will determine whether the 39-year-old Clearwater
man will get the death penalty.
Wall, who is now acting as his own attorney, discussed procedural matters with
Pinellas-Pasco Circuit Judge Philip Federico on Wednesday, and then called a
witness, a sheriff's deputy who once picked him up in a transport vehicle. The
deputy said she did not remember Wall. The purpose of his questioning was not
clear.
Wall recently pleaded guilty to murdering his girlfriend Laura Taft in 2010 and
pleaded no contest to murdering their infant child Craig Wall Jr. He has said
he wants to receive the death penalty.
This proceeding is known as the sentencing phase.
(source: Tampa Bay Times)
**************************
Youngest female killers on death row make desperate plea for a stay of
execution as they call their impending death 'legal murder'
Tiffany Cole, 33, and Emilia Carr, 30, convicted of separate murder charges
Both are sentenced to die at Lowell Correctional Institution in Ocarla, Florida
Carr is the youngest woman in America on death row
Both have filed appeals to have their sentences reduced to life
Tiffany Cole and Emilia Carr did not know each other before they were put on
death row at Florida's Lowell Correctional Institution in Ocarla.
But now the women, who share incredibly similar stories, couldn't imagine life
without each other.
Sexually abused when they were young, the cellmates were both convicted of
separate murder charges they say are wrong and are fighting to have their death
penalties removed from their sentences.
Carr, 30, is the is the youngest woman in the United States on death row, while
Cole, 33, is the 3rd youngest.
'It's legal murder,' Cole told ABC News' 20/20 program during an interview with
Diane Sawyer, which will air in-full on Friday.
'How many rich people go to prison?' Carr added.
'We're all minorities.
'We're all people who are either minorities or didn't have any, money - any way
to say, ''Hey, let me buy my freedom'', because it's not free in this country.
'Unfortunately, equality is an illusion.'
Cole was 26 when she was found guilty of the kidnapping and 1st-degree murder
of a Florida husband and wife.
Cole had lived next to them for years in South Carolina before moving to
Jackonsville.
Cole and 3 men robbed the couple before tying them up, driving them across the
border to Georgia and burying them alive.
The jury was shown photos of Cole and 2 co-defendants in a limousine,
celebrating with champagne and handfuls of cash after the crime.
The jury voted 9 to 3 that she should receive the death penalty.
Cole claims she helped dig the grave but that she did not know it was for the
victims.
She claims she thought the group were going to bury some of the items they had
stolen.
'I am not the same person anymore,' Cole said.
'I have peace, I have joy. I have a sound mind.'
Emilia Carr was sentenced to death by lethal injection in 2011 for the 2009
murder of Heather Strong.
Strong was the wife of Carr's boyfriend, and both were convicted of her
suffocating her with a plastic bag and dumping the body in a Florida storage
unit.
Carr was 8 months pregnant at the time and now has 4 children, but is not
allowed to see any of them.
She claims she had left before the murder was committed.
'Wouldn't there have been physical evidence?' she told ABC.
'I mean, duct tape is some sticky stuff, yet there's no finger prints, no DNA,
no hair.'
Both women had never been to jail before they were arrested.
Now they spend 24 hours a day locked in a cell together.
3 times a week they are allowed outside for 2 hours, but the area is concrete.
'I haven't touched grass in 6 years,' Carr said.
'So it's the small stuff you take for granted, you really do.'
Carr struggles being away from her kids, but said she has taught herself to
deal with it.
'I think about them every day,' she said.
'Before I really even came to know God, that was the hardest thing for me to
cope with day in and day out, was being away from my kids.
'When I got here, my hair was falling out just from stress.'
Both women have lodged appeals, however the process takes an average of 10 to
12 years.
They are not fighting their convictions, but want their sentences reduced from
death to life in prison.
They are both convinced they will not be executed.
'You can't have that mentality (that you're going to die), because that means
you've accepted this,' Carr said.
'You've already died ... you're already dead if you accept that,' Cole said.
The women spend their days reading books.
They are both religious and say that god and self-help books have turned their
lives around.
'It's not over,' Cole said.
'There is forgiveness and there is hope.'
However, the prosecutor in Cole's case, Jay Plotkin, thinks differently,
telling ABC News: 'I was a prosecutor for more than 20 years. There was not any
case that I prosecuted where the crime was more vile or cruel than the torture
and murder of the Sumners.
'This case lingers on in the heart and soul of our community.
'Ms. Cole is certainly entitled to, and should, exhaust all of her legal rights
to appeal.
'I am personally confident that she received more than adequate representation
and a fair trial.'
Watch the full story, 'A New Nation of Women Behind Bars', a Diane Sawyer
'Hidden America' special, airing Friday, Feb. 27 at 10 p.m. ET on ABC.
(source: Daily Mail)
More information about the DeathPenalty
mailing list