[Deathpenalty] death penalty news----IDAHO, ARIZ., CALIF., ORE., WASH.

[Rick Halperin]

Feb. 27



IDAHO:

Is Idaho's death penalty worth it? Process is costly in all phases----Boise 
County seeks death penalty in murder case, but some question its fiscal wisdom.



Which cases qualify for the death penalty?

In Idaho, 3 crimes are punishable by death: 1st-degree murder, 1st-degree 
kidnapping and perjury that results in the execution of an innocent person.

State law says that the death penalty may be imposed in 1st-degree murder cases 
only if prosecutors can prove to a jury, beyond a reasonable doubt, that one of 
11 aggravating factors exists.

Those factors include: prior murder conviction, knowingly creating a risk of 
death to many people, murder committed for remuneration or promise of 
remuneration, utter disregard for human life, and "especially heinous, 
atrocious or cruel."

The jury must also weigh mitigating circumstances presented by the defense.

DEATH PENALTY COSTS

The 65-page "Financial Costs of the Death Penalty" report done by Idaho's 
Office of Performance Evaluations was released in March 2014.

Some key findings:

-- Of the 251 cases studied that went to trial, reaching a judgment of guilty 
or not guilty took 7 months longer for capital cases than noncapital cases.

-- The State Appellate Public Defender's Office spent almost half a million 
dollars on death penalty cases from 2004 to 2013.

-- The state spent $170,000 in 1-time costs to prepare for a 2011 execution, 
the 1st in the state in 17 years.

-- The cost of executing 2 convicts in 2011 and 2012 was a little more than 
$100,000 total.

"It's important for lawmakers to have an appreciation for all those things 
going on in the judicial and corrections areas," said Sen. Clifford Bayer, 
R-Meridian, one of the legislators who requested the study.

DEATH ROW IN IDAHO

Idaho is 1 of the 32 states that still have the death penalty, but at least a 
few of those states - including Oregon and Washington - have moratoriums on 
executions.

Earlier this month, Oregon Gov. Kate Brown announced that she will extend the 
moratorium enacted in 2011 by then-Gov. John Kitzhaber, who called it a 
"compromised and inequitable system."

In their written request for Idaho to study the financial cost of the death 
penalty, a pair of legislators wrote that "with a spate of recent exonerations 
and reduced sentences, its clear that our system of justice for death penalty 
cases is flawed."

In 2001, after 17 years on death row, Charles Fain was exonerated by DNA 
evidence.

Oregon currently has 34 inmates sentenced to death (33 men, 1 woman), while 
Idaho has just 11 (10 men, 1 woman). Lengthy appeals processes mean those on 
death row can delay execution for years.

Idaho has executed 3 people since 1977. The last 2 were Paul Ezra Rhoades in 
2011 and Richard Leavitt in 2012.

Death row inmates by state as of Oct. 1, 2014

California: 745

Florida: 404

Texas: 276

Alabama: 198

Pennsylvania: 188

North Carolina: 160

Ohio: 144

Arizona: 123

Georgia: 90

Louisiana: 85

Nevada: 78

Tennessee: 75

U.S. government: 63

Oklahoma: 49

Mississippi: 49

South Carolina: 47

Missouri: 39

Oregon: 36

Kentucky: 35

Arkansas: 33

Delaware: 18

Indiana: 14

Connecticut: 12

Idaho: 11

Nebraska: 11

Kansas 10

Utah: 9

Washington: 9

Virginia: 8

U.S. military: 6

Maryland: 4

South Dakota: 3

Colorado: 3

Montana: 2

New Mexico: 2

Wyoming: 1

New Hampshire: 1

TOTAL: 3,035

[source: Death Penalty Information Center]

----

The Boise County Prosecutor's Office is small, staffed with just 3 attorneys 
who handle about 2,500 cases a year.

It's been more than a decade since it had a 1st-degree murder case go to trial.

This year, Prosecutor Ian Gee and Chief Deputy Jay Rosenthal have their hands 
full with 2 1st-degree murder cases heading to trial, including one death 
penalty case. Gee recently added another full-time attorney, Jolene Maloney, to 
the office.

Death penalty cases are time-intensive, expensive and rare in Idaho.

The last person in the state to receive a death sentence was Erick Hall in 
2005, though Darrell Payne was resentenced to death in 2010 (the Idaho Supreme 
Court reversed his 1st death sentence because of improper victim impact 
statements). Both those cases were in Ada County and both remain on death row.

"In my opinion, this is the most serious decision that a prosecutor can make," 
said longtime Twin Falls County Prosecutor Grant Loebs, who agreed to talk with 
the Statesman about the complexity and demands of death penalty cases.

Loebs, who has been prosecuting attorney since 1997, has sought the death 
penalty in 3 cases, but none went to trial.

"If I think it's the right thing to do, then that's what we do," Loebs said. 
"It does cost the county a lot more money."

PROSECUTION, DEFENSE TEAMS

State law requires that in death penalty cases in which the defendant cannot 
afford to hire an attorney, 2 qualified trial attorneys (public defenders or 
private attorneys) be assigned to the case, and both must be death-penalty 
qualified.

Costs are usually covered by the defendant if he hires his own attorney. 
Sometimes when a defendant hires an attorney, he may come back and say he's out 
of money. In that case, the defendant can ask the county to cover costs of 
experts, testing and investigation. A judge can require the county to cover 
those costs.

Loebs said preparing murder cases for trial usually requires a team of at least 
5 or 6 people: 2 prosecutors, an investigator, a legal assistant and 1 or more 
victim/witness coordinators. Prosecutor offices with small budgets might not 
have an investigator or victim/witness coordinator.

"Everyone jumps in to help," said Ada County Prosecutor Jan Bennetts, who 
supervises a staff of 70 lawyers.

During one of its busiest 2-year periods ever, the Ada County office handled 18 
murder cases in 2007-08. 2 of those cases involved 2 co-defendants and 1 had 3 
co-defendants. Ada County has sought the death penalty about 8 times over the 
past 20 years, Bennetts estimated.

When a prosecutor decides to seek the death penalty, it guarantees more work. 
Because a person's life is at stake, there's an intense level of scrutiny 
that's not present in other cases.

If the trial ends in a guilty verdict, then comes the sentencing phase. That's 
essentially another trial, in which the prosecutor has to justify a death 
sentence.

The Ada County Prosecutor's Office is assisting Boise County. Maloney and 
Rosenthal are handling the death penalty case; 2 attorneys from Ada County are 
handling the other. Boise County is covering all costs.

Boise County commissioners set aside $250,000 for the 1st murder trial, the 
nondeath penalty case expected this year. That trial, expected to take about 3 
weeks, will be at the Ada County Courthouse. Gee said the county likely will 
need to budget extra money for 2016 to cover the costs of a 2nd trial. The 
prosecutor's 2015 budget - not including the extra money - is $339,000.

Boise County Commission Chairwoman Vicki Wilkins said the county will seek 
financial assistance from the state's Capital Crimes Defense Fund, a reserve 
fund created in 1998 to help counties cover costs of death penalty cases. The 
county, with its seat in tiny Idaho City and less than 7,000 people, has a 2015 
budget of about $9 million.

In Idaho, more than $4 million has been reimbursed to counties for capital 
defense costs since 1998.

WHICH CASES QUALIFY FOR DEATH PENALTY?

The 2 Boise County 1st-degree murder cases involve the same defendant: Michael 
S. Dauber, a 46-year-old former Idaho City resident who worked in helicopter 
logging.

Dauber is accused of killing 2 friends: Joshua Reddington, 25, in 2000, and 
Steven Kalogerakos, 42, in 2007. Both men were missing for years. Kalogerakos' 
remains were found in 2013; Reddington's remains were found in late 2014.

In December, Boise County prosecutors filed their intent to seek the death 
penalty in the Reddington case. Gee has declined to discuss the case.

Dauber is being represented by attorneys Rob Chastain and Elisa Massoth.

Prosecutors brought in DNA experts from Washington, D.C., and Texas to testify 
at Dauber's preliminary hearing for the Reddington case - one of the kind of 
expenses that adds to trial costs.

Trial dates have not been set. Both cases will be discussed at a hearing at 10 
a.m. March 12 before District Judge Patrick Owen at the Boise County 
Courthouse.

DEATH PENALTY COSTS

A 2014 state report examined the financial costs of the death penalty in Idaho, 
though it suggested more study was needed to determine exact figures.

The authors of the study reviewed the cases of 251 defendants charged with 
first-degree murder from 1998 to 2013. Prosecutors sought the death penalty for 
55 defendants, although the death penalty was later withdrawn for 13 of those 
defendants.

Of the 42 eligible for the death sentence, 7 were sentenced to death.

Besides the possibility of a not guilty verdict, there are three possible 
sentencing outcomes in a death penalty case:

-- If the jury determines the prosecution has proved that an aggravating 
factor warranting the death penalty exists and there are no mitigating factors 
that would make the death penalty unjust, then the court must impose a sentence 
of death.

-- If the jury determines the prosecution proved at least one aggravating 
factor, but a mitigating factor exists that makes imposition of the death 
penalty unjust, the defendant would automatically receive a sentence of life in 
prison without possibility of parole.

-- If the jury determines that the prosecution did not prove an aggravating 
factor existed, then the defendant faces sentencing by the judge of up to life 
in prison, including a minimum of 10 years before eligible for parole.

PRO AND CON

The death penalty stirs strong emotions. That's 1 reason why policymakers would 
like a definitive judgment on whether executions work - in deterrence value and 
bottom-line costs.

Critics say money spent on executions could be used for victim services or 
other more beneficial programs.

"These statistics show clearly just how inefficient our government has been in 
spending our tax dollars," Leo Morales, communications and advocacy director 
for ACLU of Idaho, wrote in the Statesman when the report was released in 
March.

Gov. Butch Otter said the study leaves open the policy question of whether tax 
dollars are wisely spent on death penalty cases. And he said he's not changing 
his mind about keeping the death penalty in Idaho.

"Let me leave no doubt about my own continuing support for existing laws and 
procedures," Otter wrote.

(source: Idaho Statesman)








ARIZONA:

Arias jury deliberations to resume Monday



After 2 days, the jury continued to deliberate in the Jodi Arias sentencing 
retrial until about 5 p.m. Thursday, when members left for the week. 
Deliberations will resume Monday.

Arias faces the death penalty in the murder of her boyfriend, Travis Alexander. 
She was found guilty a year ago but the jury was unable to decide on a 
punishment.

The jury asked 3 questions Thursday morning. The 1st dealt with when they could 
look at their notes. The 2nd was a request to work through their lunch break, 
which the judge granted. The 3rd was a request for a list of all the evidence 
from the 1st and 2nd trials.

The retrial of the sentencing phase is a far cry from the 1st trial, which was 
marked by a flood of national media attention. Networks built entire sets just 
for coverage of the verdict and sentence.

This time, the crowds are gone and very few national media outlets have 
arrived. Judge Sherry Stephens banned live camera coverage this time around.

Local attorneys say waiting on a jury can be nerve-wracking, especially when 
the stakes are so high.

Attorney Logan Elia with the Rose Law Group said he's not making any judgments 
based on the length of time the Arias jury has deliberated.

"I tell my clients that you can't infer anything from the length of time a jury 
is out but still," he said. "You're still waiting from someone to decide your 
fate."

Attorney Adrian Fontes with Dessaules Law Group said with nothing else to do, 
attorneys sometimes dwell on what might have been.

"I think it would be tough not to second guess some of the things that you've 
done," Fontes said.

The Arias jury must vote unanimously for the death penalty in order for Arias 
to die by lethal injection. They can also vote for life in prison without 
parole. If the jury come back as a hung jury, Judge Stephens will sentence 
Arias to life in prison.

(source: azcentral.com)








CALIFORNIA:

Judge refuses to let attorney off case for man facing death penalty in Anaheim 
Hills burned-bodies murders, worries request is a delaying tactic



A judge on Thursday refused to allow a man convicted in one of the most brutal 
murders in Orange County's history to change attorneys on the eve of his 
scheduled sentencing.

Worrying that the request for new counsel was simply a delaying tactic, Orange 
County Superior Court Judge Thomas Goethals ordered Iftekhar Murtaza to return 
to court on Tuesday. Murtaza faces the death penalty for his role in the 2007 
killings of the father and sister of his ex-girlfriend, Shayona Dhanak, and the 
attempted murder of her mother.

On May 21, 2007, the 3 Dhanak family members - Jayprakash, Karishma and Leela - 
were abducted from their Anaheim Hills home, brutally beaten and stabbed. The 
burned bodies of Jayprakash and Karishma Dhanak were found the next morning 
near a bike trail in Irvine. Leela Dhanak was found unconscious on a neighbor's 
lawn, her throat slashed and the family's home burning nearby.

The deaths were thought to have resulted in Murtaza's failed efforts to win 
back Shayona Dhanak. He believed their relationship had ended because her 
parents, who are devout Hindus, disapproved of Murtaza, who is Muslim.

Murtaza's sentencing has been delayed several times over the past year. Last 
month, attorney Mark Fredrick, who represents Murtaza, asked for a retrial, 
arguing that he had new evidence pointing to a possible robbery at the home, 
and a witness who could exonerate his client.

Goethals agreed to delay the sentencing to give Fredrick time to locate the 
people he hoped to have testify, but the judge made it clear he would be 
hard-pressed to support any additional delays. After the hearing, Fredrick 
requested that he be taken off the case, citing an unspecified conflict.

On Thursday, Goethals took the rare step of requiring Fredrick to explain 
exactly what conflict he faces in the case. The court was cleared of 
spectators, media and prosecutors as the judge discussed the request with the 
defense attorneys and Murtaza.

When the hearing was re-opened for the public, Fredrick denied to the judge 
that his request was an effort to put off his client's sentencing.

"This is not for the purpose of a delay, and it is not something Mr. Murtaza 
asked me to do," the attorney said.

While Goethals ruled against Fredrick's request to be taken off the case, he 
agreed to give the attorney until Tuesday to take the matter up with an appeals 
court.

(source: Orange County Register)








OREGON:

Kate Brown says she opposes death penalty but refuses to rule out executions on 
her watch



Newly inaugurated Gov. Kate Brown said Thursday that she personally opposes the 
death penalty, but she did not rule out that she might someday allow executions 
to resume in Oregon.

Brown, interviewed by The Oregonian/OregonLive 8 days after taking office, said 
she expected to support any measure reaching the ballot that would ask 
Oregonians to abolish the death penalty.

Brown reaffirmed her earlier announcement that she would continue former Gov. 
John Kitzhaber's moratorium on executions while she assembles an advisory panel 
to come up with recommendations on a "clear path forward."

At the same time, the new Democratic governor spoke cautiously about how she 
would proceed on an issue where she may well differ with most Oregonians.

Voters here overwhelmingly supported re-establishment of the death penalty in 
1984 and more recent attempts to put the issue back on the ballot have 
foundered for lack of support. One 2012 poll found that 57 % of Oregonians 
favored the death penalty while 39 % were opposed.

"My personal view is that I am opposed to the death penalty," said Brown, 
adding that over in her nearly 18 years in the Legislature, "my position 
became, the only way I can describe it, as more nuanced."

In 2005, Brown backed legislation that would have allowed the death penalty to 
be applied in the murder of pregnant women, reserve police officers and 
witnesses to juvenile proceedings. The murder of full-time officers and 
witnesses to adult crimes can already carry the death penalty and Brown said 
she wanted to make capital punishment "more consistent."

Brown said that she has her "personal position and then obviously the role of 
governor...I think we need a clear path not only for my governorship but for 
other governors moving forward."

Asked if she would ever allow executions to resume in Oregon, Brown said:

"I don't know the answer to that at this point in time. I clearly stated that 
we will continue the moratorium, and until we work through all of those issues, 
that is where we are at."

Kitahaber announced in 2011 that he would issue a temporary reprieve for as 
long as he was in office that would block any imminent execution.

Kitzhaber acted after convicted killer Gary Haugen waived further appeals and 
sought to force his own execution.

When first elected governor in 1994, Kitzhaber had promised to abide by voters' 
will on the death penalty despite his personal opposition to it. Before leaving 
office in 2003, he allowed 2 executions - both of inmates who had waived 
further appeals - on his watch.

After retaking office in 2011, Kitzhaber said Oregon's system of capital 
punishment "fails to meet basic standards of justice."

Kitzhaber called for the Legislature to bring "potential reforms" to the 2013 
session and for Oregonians to "engage in a long overdue debate" on the death 
penalty.

(source: The Oregonian)








WASHINGTON:

Carnation: Ex-boyfriend testifies in defense of accused killer



The defense team called an unlikely witness as it works to defend accused 
killer Joseph McEnroe.

McEnroe confessed to killing 6 members of his girlfriend???s family on 
Christmas Eve in Carnation in 2007. Michele Anderson is also charged with the 
murders.

Defense attorneys called Michele Anderson's ex-boyfriend, Marc Mann.

Mann met Michele Anderson when she was in high school. They dated for years. 
When he moved out of the apartment they shared, Joe McEnroe moved in.

He'd been out of touch with Anderson but when he heard she was arrested for 
killing her family, Mann contacted police.

"I felt they needed to know she wasn't well," said Mann on the stand. He said 
Anderson suffered from depression and took medicine off and on.

Anderson called Mann from the jail after her arrest. The defense played some of 
those phone conversations for the jury. In the call, Anderson demands that Mann 
help her get a new attorney. Here's one of the exchanges:

MICHELE: You don't understand. This is life or death, you gotta do it.

MARC: Okay. I'll, I'll do what I can do. Okay.

MICHELE: No, you will.

MARC: Okay. I'll, I'll do what I can.

MICHELE: No, you, you gotta get one. You promise me.

Mann told the court he finally canceled Anderson's jail phone card because she 
was abusive. Mann, now married with 4 children, says he didn't follow through 
with Anderson's demands. Instead, he says he warned her attorney.

The defense called Mann to testify to reinforce Anderson's controlling nature. 
When cross- examined by the prosecution, he denied ever being controlled by 
Anderson.

"The fact that you didn't drive didn't mean Michele Anderson controlled you?" 
asked Senior Deputy Prosecutor Scott O'Toole.

"That would be true," answered Mann.

"Made you do things against your will?" inquired O'Toole.

"That would also be true," replied Mann.

When Mann was interviewed by investigators in 2008, prosecutors say he didn't 
think Anderson was capable of the killings, he told them it was more likely she 
was an "observer."

Prosecutor O'Toole read from the investigation, where Mann points the finger at 
McEnroe.

"You were talking about Michele Anderson couldn't have done it," asked O'Toole 
in court Thursday. "It must have been Joe who did it?"

"Yes," replied Mann.

The murders happened more than 7 years ago. The trial was delayed because 
McEnroe tried to make a plea deal to avoid the death penalty. The prosecutor 
wouldn't agree to a deal. McEnroe also tried to plead guilty by reason of 
insanity; the court found no proof of that.

This is a death penalty case. Even if McEnroe is convicted of 6 counts of 
aggravated 1st-degree murder and sentenced to death, he wouldn't be executed as 
long as Jay Inslee is the governor of Washington.

Michele Anderson's trial starts in the fall. Her trial was delayed because her 
mental competency was in question.

McEnroe will decide if he will takes the stand on Monday. Court is in recess 
until then.

(source: KIRO news)