[Deathpenalty] death penalty news----S.C., MO.
Rick Halperin
rhalperi at smu.edu
Wed Jul 8 09:20:10 CDT 2015
July 8
SOUTH CAROLINA:
New hints of a death penalty trial for Dylann Roof
Attorney Boyd Young, who specializes in representing defendants in death
penalty trials, has filed notice in court that he will represent accused mass
killer Dylann Roof in the state murder charges against Roof.
"Potential death penalty case" are words on top of Young's filing in the
Charleston County clerk of court's office.
It will be up to to 9th Circuit Solicitor Scarlett Wilson to decide whether she
will seek the death penalty in this case. She has made no announcement.
Meanwhile on Tuesday, Wilson announced that Roof has been indicted on 3
additional attempted murder charges. He already is facing 9 murder charges in
connection with the June 17 mass killings at a Charleston church.
Tuesday's indictments of attempted murder relate to the 3 survivors of what is
called a massacre of African-Americans at the hands of a white supremacist.
Attorney Young works in the capital trial division of the S.C. Commission on
Indigent Defense, where he is deputy chief attorney. That division represents
indigent defendants in death penalty trials statewide. The division not only
provides legal representation to clients but also investigates cases.
Young was not available for comment.
Roof, 21, of Columbia, allegedly killed 9 African-Americans in a prayer meeting
at Emanuel AME Church, according to warrants in the case. He was arrested hours
later in Shelby, N.C.
Jack Swerling, a Columbia private criminal defense attorney, said Tuesday that
Wilson will make her decision on whether to seek the death penalty on several
factors, including community sentiment, whether the death penalty is
appropriate and the wishes of the victims' families.
Another factor might be "If this crime does not qualify for the death penalty,
with 9 victims, then what case would?" said Swerling.
"That would be a question people would ask," said Swerling, adding that Wilson
is not likely to make her decision on that consideration, Swerling said.
Swerling has handled more that a dozen death penalty cases, including some 7
that went to trial.
The cost of defending a death penalty case, which are ususally far more
complicated than regular cases, can "run into the hundreds of thousands of
dollars," Swerling said.
But, he said, "It's going to be a case where it's going to be difficult not to
go for the death penalty," Swerling said.
(source: Sun Herald)
MISSOURI----impending execution
News release: for immediate attention
July 8, 2015
Missouri Plans to Execute David Zink despite Brain Damage and No Attorney
Jefferson City, July 8--Missouri plans to execute David Zink on Tuesday, July
14 for the murder of
Amanda Morton. Missourians for Alternatives to the Death Penalty (MADP)
condemns his wrongdoing and
mourns with her loved ones over her violent passing. Killing him, however, only
perpetuates a
vengeful cycle of violence, suggests more death promotes healing and ignores
the additional
suffering the execution would cause his family members and others who care for
Mr. Zink. Other
issues worth considering and further meriting mercy include:
Jurors were Unaware of Brain Damage from Serious Childhood Illness. As a 3-year
old, David Zink
contracted meningitis/encephalitis, leading to an 8-day hospitalization,
according to his clemency
petition to Gov. Nixon. Neuropsychologist D. Malcolm Spica, who recently
evaluated him, confirmed
the illness very likely led to organic brain damage as demonstrated in
cognitive tests. In one he
per-formed in the first percentile, meaning that 99% of subjects do better in
so-called executive
function-ing, including the abilities to control impulses, process complicated
information and make
decisions.
Represented Self in Trial Due to Public Defender Neglect. Mr. Zink was to be
represented by the
Western Capital Division of the Missouri Public Defender System when the office
was in turmoil.
Requests from initial attorneys for resources were denied; continuances by
attorneys delayed the
trial. Unaware of office infighting, the mentally-impaired defendant became so
frustrated he opted
to represent himself—a request the judge honored. His public defenders chose
not to acknowledge to
the trial judge their inability to “successfully represent Mr. Zink” because
they did not want
judicial interference with managing their system, the petition notes. “Mr. Zink
was sacrificed to
the organizational concerns.”
Model Prisoner Who Could Spend Life in Prison. Mr. Zink has had no significant
conduct violations
after being sent to prison and has lived nearly all his time in the Honors
Dorm. The psychologist
reports, “Mr. Zink is likely to continue functioning well in a highly
structured environment
(which).. decreases the need for complex problem-solving under pressure.”
Eighteen prisoners
submitted affidavits of support noting he helps keep the peace, provides a
positive role model, is
always respectful of guards and has shown genuine remorse for the murder.
MADP urges Governor Nixon to recognize the inhumanity in executing a man with
brain damage who did
not have representation at trial and is a helpful person among the prison
population.
Vigils on Tuesday, July 14 at the following times and communities:
Bonne Terre: A candlelight vigil will be held outside the prison where the
execution takes place,
2727 Highway K. For more information email stlouis at madpmo.org, or call Margaret
on 314-322-5159.
Columbia: 5 pm to 6 pm, Boone County Courthouse, in front of the columns,
corner of Walnut and 8th.
For more information contact 573-449-4585.
O-Fallon: Monday, July 13, 7 p.m. Sisters of the Most Precious Blood in
O'Fallon.Coordinator: Sr.
Ellen Orf: email: elorf at cpps-ofallon.org phone: 636-293-8253.
Directions to the Chapel: I-70 to O'Fallon K--M exit (Main St.). Turn right
from the exit ramp
and head north to railroad tracks; after crossing tracks, you will see the
O'Fallon City Hall
complex, the former convent and junior college; go past the entrance to the
next right and turn in
there.
Jefferson City, Capitol vigil: 12 pm - 1pm. A respectful Vigil for Life outside
of the Governor's
office, Second Floor (Room 216) of the State Capitol Building.
Jefferson City: Prayer service, 4:30 pm, in St. Peter's Chapel, Broadway St. 5-
6 pm. Vigil across
from the Supreme Court Building at 207 West High Street, 4:30-5:30. For more
information contact
573-301-3529.
Joplin: Prayer begins at 5:30 pm. St. Peter the Apostle Church, Mass begins at
6 p.m. followed by
continued prayer. Contact Fr J. Friedel for more information, at 417-623-8643.
Kansas City: JC Nichols Fountain on the Plaza, 5-6 pm. For more info contact
816-206-8692.
Springfield: Park Central Square, 12 noon to 1 pm. For more information call
Donna, 417-459-2960.
St. Joseph: 4pm at the intersection of Belt & Frederick. Contact Jean at
816-671-9281 for more info.
St. Louis: 3 p.m. - 4 p.m. Vigil on the steps of St. Francis Xavier Church at
the corner of Grand
and Lindell. A group will carpool from there to reach Bonne Terre before 6 p.m.
For more information
email stlouis at madpmo.org, or call Margaret at 314-322-5159.
(source: Missourians for Alternatives to the Death Penalty)
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