[Deathpenalty] death penalty news----PENN., GA., FLA., ALA., MO.

[Rick Halperin]

July 22




PENNSYLVANIA:

Governor Wolf responds to challenges against death penalty moratorium


Governor Wolf is arguing that he has unlimited power to grant stays of 
execution.

The governor issued a temporary ban in February, saying he wants a study done 
to see if it actually deters crime.

Attorney General Kathleen Kane has requested the Supreme Court step in, calling 
the death penalty moratorium "unconstitutional."

Governor Wolf's lawyers responded to that request Tuesday saying the issues 
raised by Kane are similar to a case being challenged by Philadelphia's D.A.

Because of that, Wolf wants to deny Kane's request or put it on hold until the 
Philadelphia case is heard.

Kane asked the court to allow the execution of Hubert Michael Jr., who admits 
to kidnapping and killing 16-year-old Trista Eng in York County more than 20 
years ago.

Oral arguments in the Philadelphia case are scheduled for September.

(source: ABC news)






GEORGIA:

Death penalty phase of Jamie Hood trial begins today


The death penalty phase of the Jamie Hood capital murder trial begins today at 
the Athens-Clarke County Courthouse.

Hood, who is representing himself, plans to call on witnesses who he hopes will 
convince jurors to spare his life.

Among those on his witness list is George McKeehan, who authorities say was 
robbed by Hood at gunpoint in 1997 when McKeehan was working as a pizza 
delivery man while attending the University of Georgia.

Hood was convicted of armed robbery and served 12 years in prison. He 
maintained in the guilt-innocence phase of his trial that wrongly convicted.

Another potential witness on the list is Dr. Debra Gunnin, a forensic 
psychologist from East Central Georgia Regional Hospital who examined Hood 
following his arrest for the 2011 slaying of Athens-Clarke County Senior Police 
Officer Elmer "Buddy" Christian and attempted murder of Senior Police Officer 
Tony Howard.

Hood was convicted Monday of both offenses. He was also convicted of murder for 
the 2010 fatal shooting of Athens resident Kenneth Omari Wray

During the trial, Hood said he chose to represent himself because his former 
attorneys from the Georgia Capital Defender Office because they wanted him to 
be declared mentally incompetent and accept a plea deal for the murders.

Western Judicial Circuit District Attorney will call on witnesses in an attempt 
to convince jurors Hood deserves the ultimate penalty for his crimes. Among 
those expected to testify are Hood's surviving victims and family members of 
deceased victims.

(source: Athens Banner-Herald)






FLORIDA:

Judge rules accused killer can face death penalty----James Rhodes accused of 
killing Shelby Farah while robbing cellphone store


The man accused in the execution-style killing of a 20-year-old clerk during a 
robbery 2 years ago is intellectually sufficient to face the death penalty if 
convicted, a Duval County judge ruled Tuesday morning.

James Rhodes, 23, is accused of shooting Shelby Farah after she handed over 
money during the robbery of the MetroPCS store on North Main Street in July 
2013.

In recent hearings, a defense psychologist testified that 23-year-old James 
Rhodes is mentally competent for prosecution but is intellectually disabled, 
but a psychologist for the prosecution testified that he reviewed Rhodes' IQ 
scores going back to when he was 6 years old and found Rhodes is not 
intellectually disabled.

If he were found intellectually disabled, he could not legally be executed 
under Florida law.

Judge Tatiana Salvador denied Tuesday the defense motion that would have 
prevented the state from seeking the death penalty.

The victim's family had actually hoped the death penalty would be taken off the 
table.

It has nothing to do with us wanting him to get less time. I would love to see 
him sit in prison for the rest of his life," said Caleb Farah, Shelby's 
brother. "Since he is facing the death penalty, he will probably get the death 
penalty. He's going to get automatic appeals. You've got the guy that just came 
back after his death penalty (Randall Deviney), and it's a retrial. I can't 
even imagine doing this all over again for a 2nd time."

Shelby's mother, Darlene Farah, said it was the ruling that she expected, but 
dreaded because it makes the case much more complex.

"Everybody knows a death penalty case is different," Darlene Farah said. "It's 
been 2 years, I'm tired. I'm drained. I'm exhausted emotionally, so I just want 
it over with so I can try to put structure and stability back into my 
children's lives and into my life."

Rhodes will be back in court Aug. 12. Prosecutors hope a trial date is set 
during that hearing.

(source: news4jax.com)

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

Death penalty on table for Shelby Farah's alleged killer


The case against a man accused of murdering 20-year-old Shelby Farah is moving 
forward.

At a hearing Tuesday morning, the judge ruled James Xavier Rhodes, 23, is not 
intellectually disabled and will be eligible for the death penalty if he's 
convicted.

It's an issue that's tied up the case for several months. Darlene Farah, the 
victim's mom, says she's frustrated.

"I'm tired. I'm drained. I'm exhausted," she says.

Police say her daughter, Shelby, was shot and killed 2 years ago during a 
robbery at the Metro PSC store on North Main Street where she worked. Police 
say Rhodes shot the victim execution style after she handed him the cash he 
asked for.

Farah says after this latest decision, she's hopeful there won't be any more 
bumps in the road to justice.

"I just want it over with so I can try and put structure and stability back in 
my children's life," she says.

The next pre-trial hearing has been set for August 12. Prosecutors say they 
hope to set an actual trial date for Rhodes at this time.

(source: firstcoastnews.com)

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

The case for the death penalty


There is a growing national campaign to get rid of the death penalty. 
Conservative Nebraska banned capital punishment in May, joining 18 other 
states.

Without question, there are strong arguments against the penalty: More than 150 
death row inmates have been exonerated since 1973, including 25 in Florida, the 
most of any state. Other factors, including racial disparities, inadequate 
legal defense, lengthy delays, high costs and the possible pain involved with 
execution drugs, are cited in the case against execution.

But although we agree the states should reform the practice and be exceedingly 
cautious about its application, the death penalty remains the only appropriate 
punishment for particularly heinous crimes.

Life without parole is no substitute.

Consider the case of David Sweat, 1 of the 2 murderers who escaped from a New 
York maximum security prison last month. He was serving a life sentence for 
killing a Broome County sheriff's deputy, who came upon Sweat and 2 cohorts in 
a park shortly after they had burglarized a fireworks store, stealing guns and 
knives.

Sweat, who had a lengthy record, shot the deputy, then ran over him with his 
car. As the 15-year law enforcement veteran lay dying, Sweat and his cousin 
ransacked the deputy's car and took his handgun. The cousin used it to shoot 
him twice in the face.

The 2 men pleaded guilty to 1st-degree murder to avoid the death penalty, which 
New York has since dropped, and were sentenced to life without parole.

But this hardly resulted in harsh punishment. Sweat was able to work in a 
tailor's shop, where he developed a cozy relationship with the instructor, who 
has been charged with aiding the prisoners.

Sweat's fellow escapee, Richard Matt, a murderer who had dismembered his former 
boss, was able to develop his artistic skills while in prison and traded his 
paintings for favors from guards.

Through such sly manipulations they were able to gather the tools needed to 
escape through tunnels beneath the prison, eluding capture for 3 weeks.

Matt would be shot to death by officers. A few days later, Sweat was shot and 
recaptured.

Clearly, these remorseless killers made the best of their time in prison, which 
hardly eliminated their threat to society.

Those who would eliminate the death penalty also might reflect on notorious 
mass murderer Richard Speck, who viciously raped and murdered 8 student nurses 
in Chicago in 1966.

His death sentence was overturned, and he ended up with a life sentence.

Years later he admitted to a journalist that he enjoyed getting high in prison, 
and later a videotape would turn up that showed Speck using drugs, having sex 
with another inmate and displaying $100 bills. He said, "If they only knew how 
much fun I was having, they'd turn me loose."

He also described strangling the nurses and joked, "It just wasn't their 
night."

He would die of a heart attack after 25 years in prison, a stint he seemed to 
have enjoyed.

The death penalty may seem barbaric. But society must sometimes deal with 
barbaric monsters - think of Oba Chandler, Ted Bundy and others who killed for 
pleasure. Or think of those career criminals who coolly kill law enforcement 
officers to elude punishment.

Also think of how many times the threat of death causes offenders to admit 
their crimes, testify against other culprits or provide details about where 
they hid their victims' bodies, bringing some measure of closure to devastated 
families.

The death penalty should be used sparingly and with the utmost care. But 
although we respect those who find a state-sanctioned execution morally 
reprehensible, there are ruthless monsters whose offenses are so grave and 
brazen that anything less than the death penalty falls short of achieving 
justice.

(source: The Tampa Tribune)






ALABAMA:

Barring death penalty in capital murder denied


The capital murder trial of Mark Montgomery is scheduled to begin in December, 
and if he is found guilty he will face the death penalty.

Lauderdale County Circuit Judge Mike Jones denied motions filed by Montgomery's 
defense team during a hearing Tuesday that would bar the death penalty as a 
sentencing option.

Montgomery, 38, 5306 Lauderdale 10, Florence, is charged in connection with the 
March 17 shooting deaths of two women near Cloverdale.

During the motion hearing, Vicki Willard and Jean Darby discussed 13 motions 
with Jones. Several of those were procedural motions, but at least four dealt 
with the death penalty.

Willard asked Jones to bar the death penalty because Alabama's capital statute 
does not reflect constitutional limits on the enforcement of the death penalty, 
and it does not ensure that a jury makes sentencing phase factual 
determinations.

She also pointed out the unconstitutionality of the state's capital statute 
"creates the possibility that an innocent person will be executed."

"Several people on death row have been exonerated," Willard said.

She said the death penalty is a violation of her client's 4th, 5th, 6th, 8th 
and 14th amendments rights.

"We're just asking that (Montgomery) receive his constitutional right of a fair 
and impartial trial," Willard said.

"We will give this case all of the standards it is due," Jones said in 
response.

Jones also denied a motion in regards to the sentencing phase of the trial.

If Montgomery is found guilty of capital murder, the jury then decides if he 
should get death or life in prison without parole. And that can be done by a 
majority 10-2 vote, not a unanimous vote as a jury's verdict must in the trial 
phase.

"We believe it must be unanimous," Willard argued as she discussed her motion.

"I will follow the law that has always been followed, so that motion is 
denied," Jones said.

He said the trial is scheduled for December, and "that is a date I would like 
to keep."

Montgomery was indicted in the December 2014 session of the Lauderdale County 
grand jury. He is accused of killing Clo Ann Taylor Stoner and Joanna 
Strickland Butler. The 2 women and a dog were killed inside the house of 
Montgomery's brother at 5398 Lauderdale 10, about a half mile east of Alabama 
157.

Stoner, 57, of Casey Lane, Florence, and Butler, 40, who investigators said 
previously lived in Thompson???s Station, Tennessee, were found inside the 
residence's living room.

Montgomery also is accused of shooting a dog that was in a kennel in the house.

Authorities said a preliminary autopsy indicated the women were shot multiple 
times in the head.

During an arraignment hearing in January, Montgomery pleaded not guilty and not 
guilty by mental defect to 2 counts of capital murder, and 1 count of 
aggravated animal cruelty.

Montgomery's pleas came after Lauderdale County Assistant District Attorney 
Angie Hamilton read the indictments during a formal arraignment hearing.

"I want to set this case for trial this year," Lauderdale County Circuit Judge 
Gil Self said. "The state is ready to go. I have criminal dockets in October 
and December."

After discussing the issue with Willard, Darby and Hamilton, Self placed the 
case on the Dec. 7 circuit court docket, with a pretrial hearing Nov. 24.

Montgomery is being held in the Lauderdale County Detention Center without 
bail.

(source: timesdaily.com)






MISSOURI:

Questions professor's study on death penalty


I read Jeremy Kohler's article "Study of executions in Missouri shows disparity 
in race, gender" (July 19). The study was by Frank Baumgartner, a professor at 
the University of North Carolina. He compared, among other things, rates of 
executions for homicides in Calloway County, Missouri and St. Louis.

The death penalty was handed down at a higher percentage in Calloway County (23 
%) than in St. Louis (8 %). He stated that, as the majority of homicide victims 
in St. Louis were black, this proves that black lives don't matter as much as 
white lives because few killers of black victims were executed. Hogwash!

I'm no statistician, but even I can see that there are a few missing pertinent 
facts to his study as written:

-- There is no mention of the race of the homicide victims in Calloway County. 
Are we to assume they are white?

-- There is no mention of the unsolved homicide cases being taken into account 
in his statistics.

-- As St. Louis County Prosecuting Attorney Bob McCulloch said in the article, 
most homicides in St. Louis and St. Louis County are prosecuted as 2nd-degree 
murder, which do not qualify for the death penalty.

Would the professor be satisfied if there was no disparity? If so, St. Louis 
would have executed 1,014 people to match the percentage in Calloway County. As 
most homicides are black on black in St. Louis, the majority of those 1,014 
executed would be black. And then what an outcry there would be.

I think the taxpayers of North Carolina are wasting their money on this man's 
salary if this is the best he can do.

Tom McCrackin - Wildwood

(source: Letter to the Editor, stlouistoday.com)