[Deathpenalty] death penalty news----TEXAS, ME., GA., OKLA.
Rick Halperin
rhalperi at smu.edu
Tue Jan 20 11:46:22 CST 2015
Jan. 20
TEXAS----impending execution
Inmate to be executed Wednesday for 1993 triple murder in San Antonio
Arnold Prieto, 41, is scheduled to be executed Wednesday for his role in a 1993
triple slaying in San Antonio.
Prieto is the only 1 of the 3 men originally arrested and charged with the
murders of Virginia Rodriguez, 62, Rodolfo Rodriguez, 72, and Paula Moran, 90,
to have received the death penalty.
A frequent contributor to death row website Minutes Before Six, Prieto
described in detail his reaction in May to learning that his execution date had
been set.
"As I read the order I heard clear as a bell the ticking hand very
loudly...click...and it started to tick," he wrote. "The cosmic clock on the
waist on Azrael has started for me. I'll be quite honest with you; while I read
my legal papers and how my life had an expiration date, my heart sank to the
pit of my stomach."
Prieto, who declined to be interviewed by the San Antonio Express-News, has
also submitted numerous sketches to the website.
Brothers Jesse and Guadalupe Hernandez, who were the great nephews of the
Rodriguezes, were arrested alongside Prieto 6 months after the killings. Jesse
Hernandez, who was 1 day shy of his 17th birthday when the murders were
committed, wasn't eligible for the death penalty and is serving a life
sentence. Guadalupe Hernandez, originally labeled by authorities the mastermind
of the robbery-turned-murder, eventually had all charges against him dropped.
In a statement Prieto gave to police after his arrest, he said it was the idea
of Guadalupe Hernandez to drive from the Dallas suburb of Carrollton where the
trio lived to San Antonio to rob the uncle.
Prieto told police they got to the home in the 1100 block of West Mistletoe
Avenue in the middle of the night and that Virginia Rodriguez made them a
breakfast of eggs, tortillas and juice. After eating, according to Prieto,
Guadalupe Hernandez repeatedly stabbed his aunt with a screwdriver. Prieto did
the same to Rodolfo Rodriguez, and Jesse Hernandez stabbed Paula Moran when she
came out of her bedroom, Prieto said.
Jesse Hernandez told police it was Prieto who committed all the killings.
In his Minutes to Six blogs, Prieto has not mentioned the crime that led to his
scheduled execution. The blog instead has described jail conditions, quoted an
Iron Maiden song about an execution and touted the high school diploma he
received in 2013.
"As you can see, the cards are stacked up against me," he wrote. "Nothing new
really, since they have been stacked from the very beginning. ... Where is the
dangerous killer and monster (jurors) foresaw??? ... Maybe the crystal ball was
cloudy during those days or maybe they did not shake the ball hard enough."
(source: mysanantonio.com)
*******************
How 'American Sniper' Could Complicate the Murder Trial of Chris Kyle's
Killer----In the wake of the record-breaking box office for the Clint Eastwood
film, the defendant's attorney asks, "Can there be a fair trial?"
Clint Eastwood's Oscar-nominated American Sniper set off a $105 million
box-office frenzy this weekend with potential ramifications in a capital murder
case.
On Feb. 11, Eddie Ray Routh is scheduled to stand trial for killing Chris Kyle,
the former Navy SEAL played by Bradley Cooper in the film. Prosecutors are
seeking the death penalty for Routh, who confessed to shooting the deadliest
sniper in American history and Kyle's friend Chad Littlefield 2 years ago at a
rifle range southwest of Dallas. Routh, a former Marine, plans to introduce
evidence that he was experiencing post-traumatic stress disorder and mount an
insanity defense, but the enormous profile of Kyle in the wake of American
Sniper's success could present some complications.
The Warner Bros. film "is going to be an issue," J. Warren St. John, Routh's
attorney, tells The Hollywood Reporter in an interview. "Can there be a fair
trial?"
Although American Sniper doesn't depict Kyle's death (it's based on the
best-selling book written by Kyle before he died), the movie presents its
subject as a hero - one who is often referred to simply as "Legend" throughout
the movie. The film traces Kyle's four tours of duty in Iraq as well as his
attempts to later counsel in-need veterans through the FITCO Cares Foundation.
American Sniper also presents the fact that Routh's mother reached out to Kyle.
Without using names, the movie states right before the credits roll that Kyle
was killed by a veteran he was trying to help.
American Sniper stops there, and maybe for good reason.
In July 2013, the judge in the Routh case issued a protective order. Citing the
"unusually emotional nature of the issues involved in the case" and the
"extensive local and national media coverage this case has already generated,"
Judge Jason Cashon gagged many of the participants in the case - including law
enforcement, attorneys and family members - from making comments to the media.
For that reason, St. John says he can't comment on whether he believes Routh
can get a fair trial, though he does agree that the issue will come up in the
week before the trial, when the parties are scheduled to begin the process of
picking jurors. In addition, St. John seems to believe that Taya Kyle - the
Chris Kyle's widow (played by Sienna Miller in the film) - might be in
violation of the judge's order for an interview she gave to promote the movie
on the Fox News show Hannity.
In recent weeks, Taya has given many interviews in support of American Sniper
and has even addressed the situation involving Routh. For example, a Los
Angeles Times story earlier this month quotes her as saying about the
defendant, "To try and even find an excuse is disgusting. ... I know people
with PTSD, and it's very real and very hard. But it doesn't change your core
character."
Taya couldn't be reached for comment.
While American Sniper avoids sticky subjects like the $1.8 million that Jesse
Ventura won at a defamation trial last year over Kyle's book, the film's
attempt to avoid controversial subjects hasn't stood in the way of generating
them nonetheless. And although American Sniper might have tried to be somewhat
ambiguous about the cause of Kyle's death, it hasn't stopped some people on
social media from demanding vengeance.
(source: Hollywood Reporter)
***********************
Prominent death row defense attorney suspended, allegedly over late filing
David Dow's year-long suspension from the Court of Criminal Appeals reportedly
appears to be a case of bad blood between the court and the attorneys who come
before it to defend death row inmates.
According to The Texas Tribune, the court suspended Dow, a professor at the
University of Houston Law Center, because he was late in filing a motion to
stop the execution of Miguel Angel Paredes in October and had done the same
thing in a 2010 case.
It's not just that the judges are sticklers for punctuality. Some observers
suggest that the state's top appeals court and death penalty defense attorneys
- of whom Dow is one of the most prominent - don't get along.
"Basically, these folks just don't like each other on a level that transcends
any given issue," the Texas justice blog "Grits for Breakfast" stated Dec. 1,
2009.
In the Paredes case, Dow filed a motion to request a stay of execution at 12:37
p.m. Oct. 21, the Texas Tribune said. Although technically on time, under the
court's new rule that a pleading is late if it's filed "fewer than seven days
before the scheduled execution date," Dow's filing was deemed late according to
an example the court uses to illustrate the rule.
Here's the example: A request for a stay filed at 8 a.m. on a Wednesday, when
the execution is scheduled for 6 p.m. the following Wednesday, is late.
Paredes was executed in October for a triple murder of gang rivals in 2000, the
Tribune said. The Court of Criminal Appeals had no complaint about Paredes'
initial defense lawyer, who called no witnesses at his capital murder trial,
the paper said.
(source: Houston Chronicle)
*******************
Executions under Rick Perry, 2001-present-----279
Executions in Texas: Dec. 7, 1982-present----518
Perry #--------scheduled execution date-----name---------Tx. #
*******************************************************************
*******************************************************************
Executions under Greg Abbott, 2015-present
Executions in Texas: Dec. 7, 1982----present
Abbott#--------scheduled execution date-----name------------Tx. #
1------------Jan. 21-------------------Arnold Prieto---------519
2------------Jan. 28-------------------Garcia White---------520
3------------Jan. 29-------------------Robert Ladd----------521
4------------Feb. 4--------------------Donald Newbury------522
5------------Feb. 10-------------------Les Bower, Jr.--------523
6------------Mar. 5--------------------Rodney Reed----------524
7------------Mar. 11-------------------Manuel Vasquez------525
8------------Mar. 18-------------------Randall Mays----------526
9------------Apr. 9--------------------Kent Sprouse-----------527
10-----------Apr. 15-------------------Manual Garza----------528
11-----------Apr. 23-------------------Richard Vasquez------529
11-----------Apr. 28-------------------Robert Pruett-----------530
12-----------May 12--------------------Derrick Charles-------531
(sources: TDCJ & Rick Halperin)
MAINE:
Local Senator Proposes Death Penalty Return to Maine
Democratic Senator Bill Diamond of Windham is proposing to bring the death
penalty back to Maine for people convicted of killing children in pornographic
films. If passed it would be the 1st time Maine has restored the death penalty
since 1887.
Diamond says they are still researching the specific points of the bill called
An Act to Provide the Death Penalty Under 14 Years of Age Under Certain
Circumstances. He says it is for a very narrow area of criminals, specifically
those that kill a child while shooting pornographic snuff films, illegal movies
that end in the subjects' actual on-camera death.
Senator Diamond represents District 26. He tells CBS13 that he is not a big
death penalty proponent but knowing how egregious these acts are something
needs to be done.
Diamond has been working to fight crimes that involve sexual assault for about
10 years. He is the author of the 2012 book called "The Evil & the Innocent,"
which advocates for tougher consequences for sexual predators, particularly
when children are the victims.
Diamond told CBS13 while he doesn't know of any specific cases of child deaths
while shooting pornographic films in Maine, it is happening all over the world,
and because it is very profitable he fears it could come to Maine. He says at
the very least he hopes his bill opens up the conversation that this is
happening.
Diamond says several other lawmakers have expressed interest in cosigning the
bill. New Hampshire is the only New England state with the death penalty.
(source: WGME news)
GEORGIA----female faces death penalty
Death penalty sought for Catoosa County woman accused of killing a mother for
her children
A Catoosa County, Ga., woman accused of murdering a mother to steal that
woman's children faces a possible punishment of death.
If convicted, she would be only the 2nd woman on Georgia's death row.
Lookout Mountain Judicial Circuit District Attorney Herbert "Buzz" Franklin
filed a motion Thursday to seek the death penalty against Catherine Goins.
Investigators say she killed Natalia Roberts because she wanted Roberts' kids.
And she wanted Roberts' kids because she wanted her boyfriend back. He left
her, according to the Catoosa County Sheriff's Office, because she lied to him
about being pregnant.
The sheriff's office arrested Goins on Sept. 23, and at the time investigators
weren't sure whether she planned to win her boyfriend back by pretending
Roberts' children were hers. Goins faces charges of murder, armed robbery,
aggravated assault, kidnapping and possession of a firearm in the commission of
a crime.
Franklin's office was closed Monday in observance of Martin Luther King Jr.
Day, and he did not return an email seeking comment.
Prosecutors rarely pursue the death penalty against women. Of the 85 inmates on
death row in Georgia at the beginning of last year, according to the Department
of Corrections, only 1 inmate was female: Kelly Gissendaner, who was convicted
in Gwinnett County in 1998.
There are also only 2 death row inmates who were convicted in the Lookout
Mountain Judicial Circuit. Donnie Allen Hulett was sentenced to death in 2004,
and Jonathan Jarrells was sentenced in 1988, though another judge sent his case
back to Walker County on a technicality in 1991. It is still tied up in court.
Goins' attorney, Public Defender David Dunn, said the judicial circuit's 4
judges are deciding which 1 of them will preside over the case. Then, that
judge will hold a lengthy series of pretrial hearings that are mandated when
prosecutors seek the death penalty.
If Franklin continues to pursue this punishment, Dunn will not represent Goins.
By law, attorneys from the Georgia Capital Defenders Office must handle the
case.
In murder trials, lawyers typically choose between 2 routes of defense: Either
the police mistook the defendant for the real killer, or the defendant killed
the victim in self-defense. Dunn could not discuss his strategy Monday, though,
because in September he requested a gag order.
After his department arrested Goins, Sheriff Gary Sisk said during a news
conference that she met her victim hours before the murder. Goins had spotted
her children: a 3-year-old and a 3-week-old.
"Catherine Goins killed Natalia Roberts for her baby," Sisk said.
According to the sheriff's office, Goins told Roberts she had some old baby
clothes she could give her.
Roberts agreed to meet Goins at the home of Tony Richards, Goins' friend who
had given her access to his house. Richards was at work that day. Inside,
according to the sheriff's office, as Roberts walked down a flight of stairs,
Goins pointed a pistol at the back of her head and pulled the trigger.
Sisk would not say in September whether Roberts' children were in the house
when she was killed, but did allege that Goins put the baby and the toddler in
her car and drove away. She called Richards, and told him what had happened. He
told her to call 911.
She didn't. But investigators say that Richards convinced her to come back to
his house. He then called the police.
(source: Times Free Press)
********************
Execution for Warren Lee Hill set for Jan. 27----Date officially set by Georgia
Department of Corrections following court order
The execution for an inmate convicted of 2 murders, including a fellow inmate
in Lee County, has been officially set by the Georgia Department of Corrections
for Jan. 27.
Corrections Commissioner Brian Owens has set the date for the execution of
Warren Lee Hill for Jan. 27 at the Georgia Diagnostic and Classification Prison
in Jackson at 7 p.m., a news release issued by the agency said.
The Lee County Superior Court ordered the execution of Hill Friday. The order
called for the execution to be carried out on a date between Jan. 27 and Feb.
3.
Hill was convicted in 1991 for the murder of Joseph Handspike, a fellow inmate
who he allegedly beat to death while imprisoned in Lee County in August 1990.
At the time, Hill was serving a life sentence for the shooting death of Myra
Wright, 18, in 1986.
Hill's attorneys have attempted to halt the execution based on mental capacity,
contending he has a mental handicap making him ineligible for the death
penalty. In Georgia, verification needed for barring an execution based on
intellectual disability requires proof beyond a reasonable doubt.
Hill's legal team has also made the argument that it is unconstitutional for
Georgia to refuse to disclose the source of its lethal drugs, which the Georgia
Supreme Court rejected.
If executed, Hill will be the 34th inmate put to death by lethal injection in
Georgia. He will follow Andrew Brannan, who was executed Jan. 13 for the
shooting death of a Laurens County deputy in 1998.
He has been granted stays on 3 occasions, making this the 4th scheduled
execution for Hill.
(source: Albany Herald)
OKLAHOMA:
Writer of "Dead Man Walking," joins Oklahoma death-row inmate's fight for
clemency
- The next inmate scheduled to die in Oklahoma is getting some high-profile
help as he prepares to face the death chamber. Richard Glossip's new spiritual
adviser is Sister Helen Prejean, best known for her work to abolish the death
penalty. Sister Prejean wrote the book "Dead Man Walking" about her experiences
ministering to those on death row. That book was turned into a
critically-acclaimed motion picture.
"He [Glossip] wrote to me, we've been writing for about 4 or 5 months," Sister
Prejean told Fox 25. When she learned about his case she began to look into the
concerns about Glossip's conviction. This led her to accept his invitation to
become a spiritual adviser.
Glossip had been on a hunger strike, but after nearly 2 weeks of not eating he
said he could barely move. Glossip told Fox 25 it was Sister Prejean and his
family that convinced him to start eating again to continue his fight. The DOC
contends the hunger strike was primarily motivated by Glossip's desire to get
food from the canteen rather than the prison cafeteria.
"He has swooped into my soul and into my life and so yes I'm going to fight for
him in every way I can to get the truth out," Sister Prejean said. "To me we
have such a broken system; it's on this...one thread, of this one man's word
we're sending a man to his death."
Sister Prejean was referring to the testimony of Justin Sneed, which played a
crucial role in Glossip's conviction. Sneed admitted to police that he murdered
Barry Van Treese with a baseball bat inside a hotel room. It was later he told
authorities Glossip planned the killing and offered to pay him to do it.
Glossip has denied that allegation, but his conviction was upheld by a judge
who ruled that Glossip's actions after the murder backed up Sneed's testimony.
Glossip admits he helped Sneed after he learned of the murder, but said he did
not plan it or pay for it.
If the execution is carried out, it will be the 7th Sister Prejean has
witnessed at the request of inmates she's worked with. She told Fox 25 there is
no way to really prepare to watch someone die, rather she is focused on her
mission to raise awareness and advocate for abolishing the death penalty.
"It's all about Richard and it's all about being there for him where it counts
fighting where it counts, doing everything within my power to resist this death
and to try do to whatever I can to stop this terrible travesty of justice."
The Pardon and Parole Board voted last October to deny clemency for Glossip.
The last prosecutor to try his case wrote to the board to say Glossip had shown
no remorse and did not deserve any special treatment from the board.
Van Treese's brother, Kenneth, wrote the board saying that Glossip was
"undoubtedly responsible" for his brother's death. "I will speak for my
brother," Kenneth wrote, "It hurts like Hell to have your head bashed in with a
baseball bat. Do not feel sorry for the bastard [that] took my life."
(source: okcfox.com)
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