[Deathpenalty] death penalty news----TEXAS, VA., N.C., GA., FLA.

[Rick Halperin]

Feb. 27



TEXAS:

British Woman On Death Row Gets Rare Hearing From Texas' Last Resort Court



The highest criminal court in Texas has granted a rare hearing to review 
allegations of prosecutorial misconduct in the high-profile death row case of 
British national Linda Carty.

The Texas Court of Criminal Appeals' Wednesday decision is potentially a 
much-sought break for Carty, 56, who is facing the death penalty for a 2002 
capital murder conviction. After new evidence is put before the trial court, it 
will decide if she will finally get an appeal.

Her 3 previous attempts at an appeal hearing were unsuccessful.

"My understanding is that the Texas Court of Criminal Appeals rarely grants a 
hearing in such matters," Carty's attorney, Michael Goldberg, told The 
Huffington Post by phone from Russia. "It's tremendous. It's unbelievable."

Lynn Hardaway, a Harris County district attorney, agreed: "It does happen, but 
very infrequently."

Carty was convicted for the 2001 kidnapping and murder of her neighbor, Joana 
Rodriguez. Prosecutors claimed Carty was so desperate for a baby to save her 
common-law marriage that she schemed to steal Rodriguez's newborn son and pass 
him off as her own. Rodriguez was found dead a day after being abducted; the 
baby survived the ordeal unharmed.

Affidavits signed in 2014 by the state's star witness, Christopher Robinson, 
and a retired DEA agent who recruited Carty as an informant allege that Harris 
County Assistant District Attorney Connie Spence coached, coerced and otherwise 
threatened witnesses to seal a conviction, according to the Houston Chronicle. 
Robinson is among 4 co-defendants who testified against Carty; in doing so, he 
secured a life sentence without the death penalty.

Carty has maintained her innocence from the start, and her plea has attracted 
considerable attention from British media, celebrities and U.K.-based 
supporters. Carty, who was born in St. Kitts, then a British territory, 
emigrated to the United States and holds dual citizenship.

Assistant District Attorney Roe Wilson, who handles capital appeals for Harris 
County, previously told the Chronicle the state would launch an investigation 
if the court agreed Carty's case deserve a closer look.

Hardaway told HuffPost Wednesday the allegations of misconduct are "claims the 
office takes very seriously. We have been investigating and we will file a 
response."

She also noted that Carty's lawyers had requested the review hearing based 
additional counts as well -- including Carty's long-standing claim of innocence 
-- but the court rejected half of them.

Goldberg said his firm Baker Botts, which has fought pro bono for Carty for 
nearly 10 years, is nonetheless pleased: "The entire Baker Botts team is so 
happy Linda is finally getting her 1st real, transparent hearing."

A date for the hearing has not yet been set.

(source: Huffington Post)

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

British grandmother on death row in Texas for kidnap and murder to have case 
reviewed in light of 'new evidence' -- Linda Carty is facing lethal injection 
but has always insisted she's innocent



A British grandmother facing the lethal injection in Texas for kidnap and 
murder is to have her case reviewed after lawyers claimed they have uncovered 
new evidence.

An appeal from Linda Carty will be sent back to her trial court in Houston for 
additional review in a move welcomed by human rights group Reprieve, which has 
been helping with her case.

Carty was convicted of masterminding the fatal kidnapping of Joana Rodriguez, 
her 25-year-old neighbour, who was seized by three men along with her 4-day-old 
son in 2001.

Ms Rodriguez was later found dead from suffocation, with duct tape over her 
mouth and a plastic bag around her head.

Her body was found in a car Carty had been leasing and the baby was discovered 
in the vehicle unharmed.

There was no forensic evidence linking Carty to the crime, but the 3 attackers 
testified that Carty had hired them to carry out the kidnapping as part of a 
plea bargain that saw them dodge the death penalty.

Lawyers for Carty, 56, claim prosecutors coerced witnesses into giving false 
evidence at the trial where she was convicted.

Their appeal to the Texas Court of Criminal Appeals also argues prosecutors 
arranged for a deal with a co-defendant that was not disclosed to defense 
lawyers.

They claim that four jurors now say they either would have acquitted Carty or 
not given her a death sentence.

The Harris County prosecutor's office said it was investigating the claims.

Former primary school teacher Carty was born on the Caribbean island of St 
Kitts before its independence from Britain.

She had lived in Houston for nearly 20 years before being arrested.

Celia Ouellette, staff attorney at Reprieve, said: 'This is a wonderful day for 
Linda - and for justice.

'That a prosecutor can threaten witnesses to lie under oath and testify against 
a woman, who ends up being convicted of murder and sentenced to death as a 
direct result, is truly devastating.

'We look forward to giving Linda a day in court that is not rigged against her 
from the start.'

Carty's US lawyer, Michael Goldberg of Baker Botts LLP, said: 'It has long been 
clear that Linda should have a new trial because of the catalogue of errors in 
her first.

'Linda's whole team has been working tirelessly for more than a decade to 
achieve this result and we look forward to giving Linda the chance at justice 
that she deserves.'

Carty has lodged a number of appeals against her conviction, all of which have 
been rejected.

In 2010, Lord Faulkner raised her case in the House of Lords in July, asking 
British government to press for a reprieve.

That same year, she contested her conviction in a video plea alongside a 
document from the British Government outlining its concerns over the trial.

That request for a retrial was based on claims she was given inadequate legal 
support during her original trial and the Government were blocked in their 
efforts to help her.

Her daughter, Jovelle Carty Joubert, has spent years rallying MPs for support 
following the US Supreme Court's refusal to re-open her case.

In 2012, the Foreign Office said it was lobbying the Texas authorities to stop 
her execution, with a statement reading: 'The Prime Minister and British 
Government are deeply concerned.'

Ms Carty has always insisted she was framed by 3 men in revenge for her work as 
an informant working for a drug enforcement agency.

If the latest efforts fail, she is to be executed by lethal injection.

The last British woman to be executed was Ruth Ellis in 1955. She was hanged 
for shooting her lover outside a pub in North London.

(source: Daily Mail)








VIRGINIA:

Death Penalty Specialist Added To Robert's Defense Team



The man charged with 5 counts of capital murder and other crimes in connection 
with the 2009 killing of William Bennett and the beating of his wife Cynthia 
returned to Loudoun County Circuit Court this morning.

Judge Thomas D. Horne heard a series of motions by Anthony Roberts's 
court-appointed defense team. Horne agreed to add Matthew Engle, a 
Charlottesville attorney with expertise in defending death penalty cases as 
co-counsel. He also authorized the defense team to hire an independent criminal 
investigator to review and collect evidence in the case.

2 issues were left undecided following Thursday's hearing.

Commonwealth's Attorney Jim Plowman asked Horne to schedule Robert's trial to 
begin in early July. Plowman said he wants to make sure the case proceeds in 
compliance with the defendant's right to a speedy trial. Defense attorneys said 
it was premature to set a trial date. Horne scheduled a March 12 hearing to put 
the case on the trial docket.

The other unresolved question was where Roberts will be held pending trial. 
Defense attorneys requested Roberts be transferred to jail in Alexandria or 
Arlington, allowing him to be more assessable for consultation with his 
attorneys who are based in Arlington. Plowman and Horne questioned why Roberts 
should not return to Red Onion, the state's maximum-security prison in Wise 
County where he is serving time for burglaries that occurred in the days before 
and after the attack on the Bennetts. Horne set an April 20 hearing to decide 
on the custody issue.

6 years after the attack, Roberts was indicted Feb. 9 on 5 counts of capital 
murder, 2 counts of robbery, one count of aggravated malicious wounding, object 
sexual penetration, abduction with intent to defile, and rape.

2 other men already have been convicted for their roles in the attack. Jaime 
Ayala was sentenced to life plus 40 years in August 2011 after pleading guilty 
to 2nd-degree murder in the case. Darwin G. Bowman was sentenced to serve 43 
years and 5 months for his role in the attack. The sentence for Ayala, who 
agreed to cooperate with prosecutors, was later reduced at the request of the 
commonwealth to match Bowman's sentence.

The attack on the Bennetts occurred around 5:30 a.m. March 22, 2009, as the 
couple was walking along Riverside Parkway in Lansdowne. According to court 
testimony in the related cases, Ayala, who was 17 at the time, was driving the 
van on the road. When Roberts, a passenger, noticed the Bennetts on their 
morning outing, he ordered the teen to turn around. As the van reached the 
Bennetts, Roberts and Bowman jumped out and attacked them.

(source: Leesburg Today)








NORTH CAROLINA----female faces death penalty

Warrant: Woman stabbed 24 times ---- Neighbor also accused of hitting her with 
statue, garden shovel



A Winston-Salem woman facing the death penalty is accused of hitting her 
76-year-old neighbor with a statue, stabbing her more than 20 times with a 
kitchen knife and then striking the woman with a shovel, according to a search 
warrant filed last month in Forsyth Superior Court.

Cathy Gwenzell Burrell, 52, of the 1500 block of Longview Drive is charged with 
first-degree murder in connection with the death Nov. 4, 2013, of Beatrice 
Caldwell Rorie. Forsyth County District Attorney Jim O'Neill and Assistant 
District Attorney Jennifer Martin are prosecuting the case and will be seeking 
the death penalty against Burrell.

O'Neill said Wednesday that the rules of professional responsibility prohibit 
him from commenting publicly on any pending case.

Winston-Salem Police Det. J. Morissette executed the search warrant Jan. 22 to 
obtain hair samples from Burrell, who is in the Forsyth County Jail, to compare 
with hair strands that police seized from Rorie's body. Officers had found a 
number of hair strands in Rorie's left hand. The search warrant said that 
Burrell gave a statement to police admitting that she had killed Rorie.

Burrell's attorneys, Duane Bryant and J. D. Byers, could not be reached 
Wednesday.

In the application for the search warrant, Morissette said that Burrell had 
gone to Rorie's house Nov. 4, 2013, sometime between noon and 6 p.m. to discuss 
the $100 that Burrell owed Rorie. Burrell told police that she and Rorie walked 
into the living room and that Burrell told Rorie she would not be paying back 
the $100, which was 2 months late, according to the search warrant.

Burrell told police that she asked Rorie for more money and then hit Rorie over 
the head with a bronze statue. Morissette said in the search warrant 
application that evidence at the scene suggested the two women struggled and 
that Burrell stabbed Rorie in the chest, arms and back with a kitchen knife.

"Despite her injuries, Ms. Rorie put up a vigorous struggle in defense of her 
life," Morissette said in the search warrant.

Burrell continued assaulting Rorie down the steps and into the basement of the 
house, and Rorie attempted to escape through the garage door exit, screaming 
"Help me," according to the search warrant.

Burrell dragged Rorie back to the basement and lowered the garage door, 
Morissette writes in the search warrant application. Burrell stabbed Rorie in 
the neck area multiple times and struck her with a garden shovel several times 
in the face and head, according to the search warrant.

Burrell washed up in the downstairs bathroom and left through the front door, 
according to the search warrant.

Rorie's brother, nephew and another family member had gone to check on Rorie 
and found her body around 6 p.m. that day, the search warrant said. They then 
contacted the Winston-Salem Police Department.

Morissette said an autopsy conducted at Wake Forest Baptist Medical Center 
concluded that Rorie died from a severe loss of blood. The autopsy report 
listed approximately 24 stab wounds to the front part of her neck, the search 
warrant said.

A trial is scheduled for August.

(source: Winston-Salem Journal)








GEORGIA:

Man faces death penalty trial for baby's death



In a Dougherty County death penalty case, Gregory Evans was re-indicted on 
murder charges to move toward trial.

Gregory Evans was indicted on 10 charges including murder, in the beating death 
of 19 month old Janaysia Stevenson in March 2011.

Prosecutors say the child was beaten so viciously, her liver, kidneys, and 
intestines were hemorrhaged, killing her.

Because of the cruelty, prosecutors are seeking the death penalty.

"Beaten brutally by the defendant. And that is what is included in the current 
indictment. The aggravating circumstance, and we will be pursuing this as a 
death penalty case," said D. A. Greg Edwards.

Now moving toward trial, prosecutors re-indicted Evans to assure he was 
indicted by a grand jury with a constitutionally mandated diverse makeup.

(source: WALB news)








FLORIDA:

US Supreme Court won't lift stay in Florida execution



The U.S. Supreme Court has refused to lift a stay of execution of a convicted 
Florida quadruple-murderer while the justices review the drug mixture used in 
lethal injections.

The high court issued a 1-page ruling Wednesday in Washington rejecting a 
request by Florida officials to allow the execution of Jerry Correll to 
proceed. Correll had been scheduled to die Thursday for the 1985 killings in 
Orlando of his ex-wife, daughter and 2 other people.

The stay was initially granted Feb. 17 by the Florida Supreme Court because 
scheduled executions in Oklahoma had been halted while the U.S. Supreme Court 
determines if a sedative used in executions is effective. Florida uses the same 
sedative, midazolam.

The Florida Supreme Court previously reviewed the use of midazolam and found it 
to be effective.

(source: Associated Press)

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

State seeks death penalty for Granville Ritchie in slaying of Tampa 9-year-old



Prosecutors have announced that they will seek the death penalty against a man 
accused of killing a 9-year-old Tampa girl last year.

The announcement was made Thursday morning during a routine court hearing in 
the case of Granville Ritchie, who is charged with 1st-degree murder, sexual 
battery, and aggravated child abuse in the death of Felecia Williams.

Williams vanished in May while in the care of a family friend. The friend, 
Eboni Wiley, took the girl to a Temple Terrace apartment, where she met with 
Ritchie. Wiley later left the girl alone with Ritchie and returned later to 
find her gone, authorities have said. The next day, a couple fishing near the 
Courtney Campbell Causeway found the girl's body in the water.

A 3-month investigation ensued, culminating in a murder charge against Ritchie 
in August. He has pleaded not guilty to the charges.

(source: Tampa Bay Times)

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

Prosecutors seeking death penalty for man accused of killing Felecia Williams



Prosecutors announced Thursday that they will seek the death penalty for 
Granville Ritchie, who is accused of raping and murdering 9-year-old Felecia 
Williams last year.

Ritchie, 36, has pleaded not guilty. He has been in jail since May 2014, when 
he was arrested in St. Petersburg on unrelated drug charges.

Police said Ritchie and Eboni Wiley, a neighbor who described herself as a 
friend of Felecia's family, picked up the girl from her East Tampa home and 
drove her to Ritchie's Temple Terrace apartment on May 16, 2014. At some point, 
Wiley left Ritchie and Felecia alone while she went to buy marijuana, records 
show.

While she was gone, police said, Ritchie hit Felecia over the head, raped her 
and strangled her. Temple Terrace police said Ritchie hid her body in a 
suitcase until he could dump it in the waters near the Courtney Campbell 
Causeway, where the girl's body was found the next day.

Ritchie was formally charged with Felecia's murder in August.

(source: The Tampa Tribune)

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

So, you support the death penalty. Then why aren't you doing this...?



Sunday's column - "Change the Debate: Errors Show we must end death penalty" - 
drew some intense responses, as you might expect.

There were strong passions and good points on both sides.

Still, I was struck by one sentiment I heard over and over again from 
death-penalty supporters. It basically went like this: We need to keep 
executing folks - we just also need to do everything we can to make sure we get 
it right.

Well, here's the thing: Florida is NOT doing everything it can to get it right. 
At all.

There is actually a long list of things could be doing to improve the accuracy 
of its convictions. Yet it has been largely ignored.

The list was comprised by the state's Innocence Commission in the wake of 
Florida's shameful record of convicting such a large number of innocent people. 
(Many of them sentenced to life in prison and held for decades before science 
proved they didn't do the crime.)

The recommendations - from judges, prosecutors, defense attorneys, experts and 
more - called for things like clear standards for conducting unbiased suspect 
lineups (where witnesses wouldn't be led in one direction or another) and 
stricter rules about relying on testimony from jailhouse snitches (those who 
are promised lenient sentences in exchange for ratting out another inmate).

The recommendations were clear - and yet they have been largely ignored. (As we 
wrote about here "Wrongful convictions have moral, financial costs" and here: 
"Florida increasingly alone in its zeal to kill inmates.")

So my question to all those folks sending me emails talking about their support 
for the death penalty is this: Are you also sending emails to your state's 
leaders, encouraging them to improved our flawed convictions?

Because, if you're not, I'm not sure I really buy your contention that you want 
to make sure we get it right.

As I have said before: I understand both sides of the moral debate over the 
death penalty. I really do.

What I don't understand is how anyone can support the death penalty - but not 
support efforts to make sure the state is killing the right people.

(source: Scott Maxwell, Orlando Sentinel)