[Deathpenalty] death penalty news----TEXAS, GA., FLA., ALA., MISS.

[Rick Halperin]

July 24



TEXAS:

Freed Texas Death Row Survivor Gets Crowdfunding Help----Alfred Dewayne Brown 
spent 12 years imprisoned for a crime he didn't commit.


The crowdfunding site Indiegogo Life is usually used to raise money for medical 
emergencies, to help families recover from fires, or even to pay for dogs' vet 
help. A campaign set to expire soon is helping a man wrongly sent to death row 
get his life back together.

Alfred Dewayne Brown spent 12 years imprisoned, including a decade in a 
solitary cell no bigger than the average bathroom, waiting for Texas to put him 
to death for the 2003 murder of store clerk Alfredia Jones and police officer 
Charles Clark.

The case garnered worldwide attention when Lisa Falkenberg, a columnist for The 
Houston Chronicle, told the story of the corrupt justice system that put Brown 
away. The Indiegogo Life campaign for Brown set a 30-day goal of $5,000, and 
hit it with 57 hours to go. The campaign ends early Sunday.

Falkenberg's Pulitzer Prize-winning series exposed weaknesses in the Harris 
County grand jury system, including the intimidation of key witnesses, a 
possible conflict of interest from the ex-cop jury foreman's connections to 
Officer Clark, and the lack of physical evidence in Brown's trial.

Brown, now 33, has always maintained his innocence, saying phone records would 
prove he was wasn't at the scene of the crime. But those phone records were 
lost. In 2013, a homicide investigator cleaning out his garage found the 
records, which weren't used in the trial. Subsequently, the Texas Court of 
Criminal Appeals overturned Brown's conviction.

On June 8, 2014, Brown was set free when the Harris County district attorney 
said there wasn't enough evidence to convict him in a new trial.

Scott Cobb, of the Texas Moratorium Network, set up the Indiegogo account with 
the blessing of Brown's family and attorney. Cobb said the money will help 
Brown adjust to life in the free world, minus the small cut for credit card 
processing.

"My understanding is that it will be a long time before he gets any official 
compensation, and he may never get any," Cobb said. "Texas took years of his 
freedom and now it owes him some compensation, but until Texas acts, we have 
stepped in to ask people to help Dewayne now when he needs help the most 
readjusting to society."

"Texas operates totally on vengeance," said Pat Hartwell, an anti-death penalty 
advocate in Harris County. Hartwell was one of the first activists to see Brown 
after he was set free.

"He's a happy guy, he should be a happy guy, he got a 2nd chance at life," 
Hartwell said. "We want him to succeed."

(source: Huffington Post)

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

This year, Texans live without imposing new death sentences


A jury verdict in a death penalty case earlier this year in Fort Worth is a 
microcosm of what is happening all over the state.

In a trial moved from Young County to Tarrant County, a jury returned a 
shocking life-without-parole verdict in a case I had predicted was an 
"automatic" death penalty.

In April 2011, Gabriel Armandariz murdered his 2 young sons - 1 was 2 years 
old, the other 6 months old - by strangling them. He then hung the younger 
child's body from a closet clothes rack, snapped a picture and sent it to the 
children's mother.

The facts were as bad as any I've seen, but after just 8 hours or so of 
deliberation the jury rejected the death penalty and gave Armandariz life 
without parole.

The lawyers were crying. The jury was crying. Trial observers were crying. What 
happened?

10 years ago this would have been a swift death penalty decision. But no 
longer. Something is changing.

Since the Armandariz trial, 2 more cases in which prosecutors sought the death 
penalty have resulted instead in jury verdicts of life without the possibility 
of parole.

Both of these trials occurred in Nueces County (Corpus Christi). In one case, 
the jury deliberated for just 10 minutes before returning with a 
non-death-penalty verdict.

These cases raise all kinds of questions: How much taxpayer money was spent on 
these "failed" attempts to get death? Could these cases have been resolved 
years ago with a plea?

Have these outcomes set a new standard for the death penalty? And, is there 
such a thing as an "automatic" death penalty in Texas anymore? Perhaps not.

Media outlets are starting to take note of the fact that more than 7 months 
have passed since the Texas Department of Criminal Justice "received" a new 
inmate on death row.

Considering the fact that Texas juries sentenced 48 people to death in 1999, 
this is an astonishing shift. According to legal experts, this also is the 
longest Texas has gone in a calendar year without a new death sentence.

Why the change? I believe it is happening because the problems with how the 
death penalty is assessed have become evident to everyone, including jurors.

The ultimate punishment simply cannot be administered fairly, because it is run 
by human beings. And human beings make mistakes.

Even those who support the death penalty in theory surely would not argue that 
keeping it is worth the state taking even one innocent life.

We have to be perfect when it comes to the death penalty or we compound one 
great injustice with another - the execution of an innocent person. There is no 
acceptable margin of error when it comes to the death penalty.

The rising number of condemned men being shown to be not guilty and then 
released from death row around the country makes it painfully clear that we 
have not been perfect.

Since life in prison without the possibility of parole was adopted in Texas in 
2005, prosecutors and jurors have increasingly begun to accept it as a viable 
way to punish those who are guilty of committing heinous crimes, protect public 
safety and provide justice to victims' families.

Texas should join the 19 U.S. states where the death penalty has been 
abolished.

Jurors across this state are sending the message that Texas can live without 
it.

(source: Opinion; Tim Cole was elected to four terms as the 97th district 
attorney (Archer, Clay and Montague counties; 1993 to 2006) and served as 
assistant district attorney in the 271st District (Wise and Jack counties; 
2010-2014). He is a criminal defense attorney in Fort Worth----Fort Worth 
Star-Telegram)






GEORGIA:

Jamie Hood's mother takes stand in death penalty phase


Jamie Hood continued to make the case to save his life in the death penalty 
phase of his trial Thursday.

A jury found Hood guilty of 36 charges, including the shooting death of 
Athens-Clarke County Elmer "Buddy" Christian. He was also convicted of shooting 
and injured another officer, Tony Howard, and killing Kenneth Omari Wray.

Hood's mother was among the character witnesses he called to testify on his 
behalf Thursday.

"If he could help me, if you go to him and you need something, if he got it, he 
would help you," said Azalee Hood.

Hood also brought the mothers of his nieces and nephew and the parents of kids 
he's coached as character witnesses.

Hood has admitted to shooting the officers, but argued he did so in 
self-defense.

The prosecution has painted Howard as an impeccable cop. On Thursday, Hood 
called Howard's stepmother to the stand, who portrayed him in a different 
light.

"He beat me all in my face and I'd had just had dental surgery, and he beat me 
all in my head and in my back," she said.

District Attorney Ken Mauldin called that character assassination of a victim 
and aggressively objected.

"You get shot twice on March 22, 2011, and somehow survive, then all of a 
sudden the victim has to be attacked -- even by a pro se defendant," Mauldin 
said. "It's not right."

Hood told the judge that his mother would be his final witness. After closing 
arguments, the jury will then consider if Hood will receive the death penalty, 
life in prison without parole and life in prison with the possibility of 
parole.

(source: WXIA news)






FLORIDA:

Florida Supreme Court refuses to lift stay of execution


An Orlando man whose execution was postponed by the state Supreme Court earlier 
this year has another chance to delay his death.

In a 5-2 ruling Thursday, the Florida Supreme Court turned the case of Jerry 
Correll over to a lower court in Orlando. The court will have hearings to find 
evidence for a claim that a highly criticized drug used in the state's lethal 
injections will have particularly adverse effects on Correll.

Correll's case became part of a broader debate over the death penalty in 
February, when the Florida Supreme Court issued a stay of his execution pending 
a ruling on the state's use of a drug called midazolam was unconstitutional 
"cruel and unusual punishment." After the U.S. Supreme Court ruled in June that 
midazolam is legal, Florida Attorney General Pam Bondi requested that the state 
be allowed to execute Correll as planned.

But his lawyers have asserted that in this particular case, midazolam -- which 
is supposed to sedate the inmate -- would cause unconstitutional harm because 
of alleged brain damage and a history with drugs. By Aug. 27, the Ninth Circuit 
Court will issue a ruling on Correll's case.

Correll was convicted in the 1985 stabbing deaths of his ex-wife, their 
daughter and her mother and sister. He was scheduled to be put to death on Feb. 
26, and after the Supreme Court delayed his execution, no other death warrants 
have been signed by Gov. Rick Scott, the longest hiatus since he became 
governor in 2011.

The Florida Supreme Court's Thursday ruling says nothing about the viability of 
future executions, now that the U.S. Court has ruled on midazolam. In fact, the 
justices were clear that the lower court was directed only to consider the 
drug's effectiveness on Correll given his alleged brain damage.

They left alone the question of whether executions should be halted in Florida 
pending another U.S. Supreme Court ruling on the death penalty next year. That 
case calls into question the processes involved in sentencing people to death 
in Florida.

This silence on the justices' part could allow Scott to start ordering 
executions again, something he's done at a faster rate than any other Florida 
governor since the death penalty was reinstated in the 1970s.

(source: Miami Heraqld)

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

Jury recommends death penalty in murder of Delores Futrell ---- 1st conviction, 
death sentence in murder of Delores Futrell overturned


A jury came back with an 8 to 4 vote Thursday night recommending the death 
penalty for the man convicted of 1st-degree murder in the death of Delores 
Futrell.

Randall Deviney, 25, was convicted last week, after less than three hours of 
jury deliberations, in the 2008 death of his 65-year-old neighbor.

The state said Deviney, who was convicted of slitting Futrell's throat after 
attempting to rob her, deserves to pay the ultimate price. The responding 
officer found her in a "sexual position," and Deviney later told a psychologist 
that he placed her that way to make it look like someone else killed her.

Deviney's defense team doesn't deny he is responsible for Futrell's death, but 
was hoping to have the death penalty taken off the table when deciding 
Deviney's fate.

The defense claimed Deviney was raped by family members, abused and neglected. 
His own father, Michael Deviney, admitted to the jury Thursday that he had sex 
in front of Randall and his brother when they were growing up.

The trial began its sentencing phase Thursday, and it was an emotional day for 
Futrell's relatives, who told the jury what kind of person she was and how much 
she is missed.

They said Futrell (pictured) cherished her loved ones and went above and beyond 
to help others.

"She was my mother, my sister, my friend and my support," Futrell's daughter, 
Jacquelyn Blades said. "To not only me but my military family and to the 
neighborhood. But that's not sufficient. I have to tell you about her smile."

"It's been almost 8 years since my sister's death, and I still can't bring 
myself to delete her name from my phone book," Debra Wright said. "I will hold 
on to the memory of our last warm hug and the last time we said, 'I love you.'"

Randall Deviney was described by his defense team as a troubled child. 
According to his attorneys, his parents were arrested before Randall was born 
for the death of their 1st child, Christopher.

"I haven't been the best father in the world, sir, I know that," Michael 
Deviney said. "It's hard to judge somebody if you don't know them. Don't judge 
me unless you walk in my shoes."

Attorneys said Randall was stabbed by his younger brother later in life and 
sexually abused by his mother. The state said the Department of Children and 
Families and the psychologist who treated Randall Deviney never found proof he 
was molested, but that same psychologist believes all of those things could 
have contributed to his state of mind in 2008.

His father and stepmother both said they think the jury should spare Randall 
Deviney's life. The state said Futrell's family doesn't have the option to have 
her life spared, and Deviney shouldn't either.

Deviney had been convicted and sentenced to die for killing Futrell, but that 
conviction was overturned last year when the Florida Supreme Court ruled that 
Deviney's confession was coerced by police.

(source: news4jax.com)






ALABAMA:

Chambers Co. seeks death penalty for suspect in Eldridge murder case


Valley Police Chief says they have upgraded charges on Stacy Demar Gray to 
capital murder kidnapping and capital murder rape.

Gray,45, has been charged in the death of 25-year-old Renee Eldridge.

The Chambers County District Attorney's office tells News Leader 9 they will 
seek the death penalty in the capital murder case of Gray. Assistant District 
Attorney Damon Lewis will be releasing a statement with more information soon.

The upgraded charges mean that if Gray is convicted, he faces life in prison or 
lethal injection. Gray remains detained at the Chambers County Detention 
Center.

(source: WTVM news)






MISSISSIPPI:

No drug, no death: State's lethal injection protocol stalls execution of South 
Mississippi murderer----State's lethal injection protocol stalls execution of 
Coast murderer


The execution of Richard Gerald Jordan, Mississippi's longest-serving death row 
inmate, is being held up over a lawsuit. Jordan filed suit to stop the state 
from using a lethal cocktail he says is experimental and could cause him great 
pain before he dies.

Jordan exhausted all of his appeals before the U.S. Supreme Court at the end of 
June, paving the way for Attorney General Jim Hood to request an execution 
date.

In other such cases from as far back as April 1989, the Attorney General's 
Office filed for an execution date within a day or two of the exhaustion of an 
inmate's final appeal.

Attorney General Jim Hood's office said Jordan's litigation has held up the 
request to set an execution date because the Mississippi Department of 
Corrections "can no longer obtain (the anesthetic) pentobarbital and thus will 
have to obtain another drug in (its) place."

"That change has not been made as of yet and we have informed the federal court 
we will not request an execution date prior to that change," Hood's office 
said.

Pentobarbital, which is produced in European countries, is not available 
because those countries do not support lethal injection or the death penalty.

MDOC did not wish to comment, citing the pending litigation.

The state adopted the latest lethal-injection protocol in 2011 after 
manufacturers of the previous execution drug ceased its distribution to prisons 
in the United States because it did not want them used in executions.

Jordan's lawsuit, filed by the Solange MacArthur Justice Center in New Orleans, 
requested an injunction to stop the use of the current execution protocol.

In the suit, lawyer Jim Craig said Mississippi is one of the last states in the 
nation to use a compounded form of pentobarbital before injecting a paralytic 
drug and potassium chloride to execute a condemned person.

He questioned whether the state could mix a safe and effective form of 
pentobarbital as an anesthetic.

Even if it did, Craig said, it could act more slowly than the previous drugs 
used, resulting in a person remaining conscious and aware he is suffocating 
when the paralytic drug is administered prior to potassium chloride to stop the 
heart.

"... The untried and untested drugs ..." the suit says, result in a substantial 
risk for the condemned to face a "torturous death by live suffocation and 
cardiac arrest."

Jordan is suing based on his right to not suffer cruel and unusual punishment.

Family wants justice

That means little to the family members of Jordan's victim, Edwina Marter, who 
have waited more than 38 years for closure.

"This has been going on for us far too long," said Marter's sister Mary Degruy. 
"When is this going to happen? Nobody is calling us."

Edwina Marter was 37 years old when Jordan kidnapped and killed her in Harrison 
County on Jan. 11, 1976.

Degruy still visits her sister's grave in New Orleans often, leaving flowers 
and maintaining its surroundings in her memory.

Marter and her husband, Charles, had been together for years and had 2 sons.

"She was very good-hearted and she loved her kids," Degruy said. "She did 
charity and they were well known in Mississippi. She would always come and stay 
with us for a week or two when the kids weren't in school. We did everything 
together when we could."

Charles Marter over the years has often spoken out about his wife's killing and 
the delay in justice, but now in his 70s, he no longer wants to discuss it, his 
son Eric Marter said.

Eric Marter said he was 11 years old when his mother was murdered.

"She was a stay-at-home mom and she took care of us," he said. "She was always 
there for us. But ours wasn't a normal childhood with a mom and dad because of 
this."

As for Jordan, he said, "He should have been executed a long time ago."

The murder plot

Jordan killed Edwina Marter execution-style shortly after he arrived in South 
Mississippi on Jan. 11, 1976, and spotted Gulf National Bank at U.S. 90 and 
U.S. 49 in Gulfport. He called and asked for the name of the senior commercial 
loan officer and was told it was Charles Marter, who was also vice president of 
the bank.

Jordan went through a Gulfport city directory, which at that time listed 
occupations, to find Marter's home address.

Jordan went to the home, posing as an electrical repairman to check the breaker 
boxes, and Edwina Marter let him in.

He grabbed her as her 3-year-old son slept in a bedroom and forced her into a 
car. He drove to De Soto National Forest, where he let her out and killed her.

After the killing, Jordan called Charles Marter demanding a $25,000 ransom in 
exchange for his wife's safe return. He told Marter to wrap the ransom up in a 
brown paper bag and drop it off at a location on U.S. 49. Marter gathered up 
the money, but also alerted authorities.

Twice Marter tried to deliver the ransom to Jordan, but Jordan saw law 
enforcement officers as Marter was making his way to the drop-off point. He 
left both times. He contacted Marter a third time, telling him to leave the 
money under a jacket on Interstate 10 near the Canal Road exit.

Marter left the money, but neither he nor Jordan knew authorities were 
watching.

When Jordan picked up the money, authorities chased him, but he eluded them. He 
drove to a discount pharmacy to buy new clothes, then called a taxi. He was in 
a taxi when authorities arrested him in a roadblock.

Jordan confessed to killing Edwina Marter and told authorities where to find 
her body. Her family said she'd been shot and tied to a tree.

"He took my sister away and we're still dealing with it," Degruy said. "I think 
he's been living long enough. It's not fair to us. You know, you don't like 
people to die, but he deserves it."

(source: Biloxi Sun Herald)