[Deathpenalty] death penalty news----N.C., MISS., KY., NEB., WASH., USA

[Rick Halperin]

July 29



NORTH CAROLINA:

Death penalty bill headed to McCrory


Doctors would no longer have to be in the room when an inmate is executed, 
under a bill the House voted to send Gov. Pat McCrory on Wednesday.

House Bill 774, which passed the Senate earlier this week and cleared the House 
a final time on a 74-34 vote, would also shield the makers of drugs used in 
executions and the specific protocols for carrying out the sentence from public 
view.

"Passing this bill is a step toward enforcing a law that's already on the 
books," Rep. Leo Daughtry, R-Johnston, told his colleagues.

"The majority seeks to pass this bill to restart executions. This will not do 
it," Rep. Rick Glazier, D-Cumberland, said, adding that the measure is 
"inherently flawed and ultimately doomed to failure."

Attempts to shield specifics of execution drugs and procedures from public 
scrutiny, Glazier said, would merely bring more lawsuits that would further 
delay executions.

North Carolina has not executed an inmate since 2006. Legal challenges over the 
death penalty have dealt with whether doctors are required to participate in 
executions, how the execution protocol was approved and, under the 
since-repealed Racial Justice Act, whether sentencing in some cases was tainted 
by racial bias. Across the nation, the drugs used in executions have also been 
the subject of litigation.

Daughtry argued that the bill was not a complete veil on the process.

"You will know what drugs are being used. You just won't know where they came 
from," he said. "This bill protects the company, but you will know what 
chemicals are in the cocktail."

(source: WRAL news)

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

Bidding adieu to anti-death penalty activist Steve Dear


When Steve Dear announced his departure as executive director of People of 
Faith Against the Death Penalty, he posted it with Thomas Merton's "Letter to a 
Young Activist," from 1966. It begins: "Do not depend on the hope of results."

Don't depend on results, or even the hope of results?

I was dimly aware of Merton, a prolific writer and Catholic mystic. At other 
times in my life, I'd have passed over his advice without pause. Results, as I 
learned in my youth, are why you keep score. But now, I did pause. Full stop.

"When you are doing the sort of work you have taken on," Merton continued, 
"essentially an apostolic work, you may have to face the fact that your work 
will be apparently worthless and achieve no result at all, if not perhaps 
results opposite to what you expect."

I've admired Steve Dear virtually since he came to the fledgling PFADP 
organization in 1997. Simply put, he's been a fixture in the restless circle of 
social justice work in the Triangle, a fighter for a cause.

And Dear's work got results. Under his leadership, PFADP became a force, in 
North Carolina and throughout the country, for abolishing capital punishment. 
Yes, 31 states, including ours, still have the death penalty. But executions in 
the United States are down sharply. Last year, there were just 35, and 20 were 
in Texas and Missouri.

North Carolina, which put 32 men to death between 1999 and 2005, has executed 
no one since Aug. 18, 2006. For complicated reasons, a major one of which was 
the growing influence of PFADP, a virtual moratorium took hold then, and it 
continues - though Republicans in the General Assembly appear determined to end 
it soon and resume the killing.

I had 2 reactions, therefore, to seeing Dear's resignation with Merton's 
advice. One, I hoped that Dear didn't doubt his impact. 2, I'm finding it hard 
to depend on the hope of results myself as I observe our state's and our 
nation's corruption. I drove to Carrboro to meet with Dear for a pep talk.

When Dear gets up to speak at his going-away party, he'll probably tell how the 
Rev. Robert Seymour, mild-mannered Chapel Hill pastor, pounded the table at 
Gov. Jim Hunt, shouting that if the death penalty is such a deterrent, Hunt 
should stage the executions outdoors -"right outside your window!"

Dear organized 25 delegations of faith leaders to meet, first with Hunt, later 
with Gov. Mike Easley, seeking clemency for convicted murderers about to be put 
to death. Hunt and Easley each commuted two death sentences to life in prison. 
They let the rest go.

All those executions and the others that PFADP and its thousands of supporters 
fought unsuccessfully to stop took their toll on Dear. The ceaseless 
organizing, the press conferences, protests, sit-ins at Central Prison on 
execution nights, and, above all, the knowledge that a life would be snuffed 
out if mercy was denied pushed Dear to work for weeks on end with no days off 
and little sleep.

Merton's advice: "You are probably striving to build yourself an identity ... 
to protect yourself against nothingness, annihilation. This is not the right 
use of your work."

"I am impatient," Dear said when we talked. "I wanted results. I wanted to end 
the damned thing" - the death penalty. "I was driven by a sense of obligation."

But finally, after 9 years of relentless battle, he was hurting physically 
(with herniated discs, "organizer's back," caused by too many boxes with too 
many pamphlets carried to too many events) and stressing out.

A 5-month sabbatical in 2006, supported by the Z. Smith Reynolds Foundation, 
helped him to grasp Merton's wisdom: "Offer yourself, offer your gifts. But 
don't hang your ego on the outcome. What's much more important is the life you 
lead and the people around you," Dear says now.

Dear is moving to Eugene, Oregon, where his wife, a doctor, has accepted a 
position and where he will do some consulting. But also - in Nike's 
uber-healthy hometown - he will go to the gym, lose weight and prepare for the 
next challenge at age 51.

Merton was right, Dear says, that we can't control "the big results." We can 
control what we live for and who we chose to live and work with. For more than 
an hour, Dear regaled me with stories about PFADP's many other heroes - unsung 
pastors, local organizers, forgiving family members of murder victims - who did 
the work that I was crediting to him. OK, but I saw him bust his butt.

His last take on 18 years at PFADP: "I have gratitude. Deep gratitude. I'm so 
grateful for all the beautiful people I've gotten to know."

--------------------------------------------------------------------------------

Honoring Steve Dear

What--A party with People of Faith Against the Death Penalty

Why--PFADP's longtime executive director, Steve Dear, is moving to Oregon

Where--United Church of Chapel Hill, 1321 Martin Luther King Blvd.

When--Friday, July 31, 7 - 9 p.m.

And No charge to attend, but donations accepted

(source: indyweek.com)






MISSISSIPPI:

Attorney general seeks execution date for death row inmate


The state of Mississippi wants to execute Richard Gerald Jordan, the longest 
serving inmate on death row, on or before Aug. 27.

(source: Associated Press)






KENTUCKY:

Defense argues against death penalty for Kelly


Defense attorneys for accused murderer Ricky Kelly made their argument before a 
judge Wednesday that the option of the death penalty should be excluded from 
the case.

Prosecutors announced in December 2014 their intention to seek the death 
penalty against Kelly, accused of fatally shooting Lajuante "B.B" Jackson in 
August 2005 in the Sheppard Square housing complex to protect his 
drug-trafficking organization.

The case in Jefferson Circuit Court is the latest attempt to convict Kelly, who 
was originally charged with complicity to 8 murders in 2011. Those charges were 
dropped in 2013 and the case moved to federal court. That case was also dropped 
in August 2014 due to a death of a key witness set to testify against Kelly. 
That month, the case moved back to circuit court when Kelly was indicted on 
just 1 murder charge.

A motion to exclude the death penalty was filed by Kelly's former public 
defender Amy Hannah in March. She argued in her motion that the commonwealth 
consistently had failed to turn over evidence in the case, missing agreed upon 
deadlines, and that the death penalty should be removed as a sanction.

Current defense attorney Mac Adams told Judge Angela McCormick Bisig in court 
that the case is no further along in 2015 than it was years ago when Kelly was 
first arrested. He referenced the multiple changes in prosecutors and defense 
attorneys and many delays in the court system over the years.

"The delay is prejudice," Adams said, adding Kelly has waited years for a trial 
and is going to continue to wait until at least April 8, 2016, when a jury 
trial is scheduled in Bisig's court.

Current prosecutor, assistant commonwealth attorney Elizabeth Jones Brown, 
argued that disputes over evidence do not rise to the level of death penalty 
exclusion.

"It's not an appropriate remedy for what happened in the case," she said, 
noting the entirety of known evidence now has been turned over to the defense.

Kelly is next due to appear in court Oct. 8. Bisig said she will consider the 
arguments and issue a written ruling sometime before the next court date.

(source: Courier-Journal)

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

Prosecutors seek death penalty against Ricky Kelly


The commonwealth's attorney argued Wednesday for the death penalty in the Ricky 
Kelly murder case.

A court hearing to determine whether high-profile murder suspect Ricky Kelly 
will face the death penalty has been postponed.

A judge denied a motion to reduce the bond for a high-profile murder suspect.

Defense lawyers have renewed their efforts to get a high-profile murder suspect 
out of custody on bond.

Kelly is accused of killing Lajuante Jackson in 2005.

The prosecutor has called it a murder-for-hire case.

At one time, Kelly was accused of 8 slayings.

The single case against him has dragged through the courts for 5 years.

After a federal case against Kelly fell apart because a key witness was killed, 
the state continued to pursue a conviction in Jackson's death.

Jackson was killed on South Clay Street in what the prosecutor said it was a 
murder for hire to cover up a drug-trafficking operation.

If he is convicted, the commonwealth wants Kelly to receive the death penalty.

Kelly's attorneys said that the fact the case has dragged on so long, with 
numerous delays in getting discovery and going from state to federal and back 
to state court, are reasons not to put the death penalty on the table.

"It's not Ricky Kelly's fault this has been going on for 5 years. It's not his 
doing. All he's done is been along for the ride, and he's still here with new 
attorneys," defense attorney Mac Adams said.

"There are legal reasons a court can exclude a penalty, but I don't think they 
are covered by this motion," prosecutor Elizabeth Jones Brown said.

Judge Angela McCormick Bisig said she'll consider the death penalty arguments 
and issue a written ruling before the next court date in October.

Kelly's trial is scheduled for next spring, but Adams said that based on the 5 
years' of discovery in the case, he doubts that the defense will be ready by 
then.

(source: WLKY news)



NEBRASKA:

Deadline looms for Neb. death penalty referendum


Teri Roberts sat at a table at the Firebarn Bar and Grill Tuesday. The 
petitions in front of her were filled with names of Douglas County residents 
supporting the statewide petition drive to put Nebraska's death penalty 
referendum.

"I was for the death penalty before we lost our daughter. And so my beliefs 
haven't changed with our personal story," Roberts said.

Her daughter, Andrea Kruger, was 1 of Nikko Jenkins f4 murder victims in 2013. 
He went on a rampage shortly after his release from prison.

Roberts has manned tables at petition drives already. She knows many of the 
people who approach the table to sign the petitions. The conversation drifts 
between personal topics and the referendum almost effortlessly.

"We're not here discussing our personal story. We're just simply saying, 'This 
issue is important and we, as a family, believe that it should be up to the 
voters of Nebraska,'" said Roberts.

Nebraska state legislators repealed the state's death penalty at the close of 
the Unicameral session in May. Capital punishment supporters are canvassing the 
state drumming up support for their petition drive. The group is down to the 
final 30 days, hoping to get signatures from at least ten percent of registered 
voters in 38 Nebraska counties by August 27, saying the numbers would put the 
issue on the ballot and suspend the Unicameral's repeal.

"We have a 1-house Unicameral system here. The 2nd house is the people through 
the referendum and petition process. So, that's what we're doing," sand 
Nebraskans for the Death Penalty field manager Rod Edwards.

Their effort has been met with pushback. Another group, Nebraskans against the 
Death Penalty launched ads urging voters not to sign the petitions.

Critics of capital punishment call the death penalty a false promise to 
victims' families who spend decades waiting for closure as those who committed 
the crimes go through lengthy appeals processes.

There are powerful stories on both sides.

"It doesn't matter what side of the issue they are on," said Roberts. "Every 
voter has the right to vote on this."

The issue could hit the 2016 general election ballot if supports gather enough 
signatures.

(source: KMTV news)






WASHINGTON:

Prosectors won't seek death penalty for Michele Anderson


Michele Anderson, the former Carnation woman accused of killing her family on 
Christmas Eve 2007, will no longer face the death penalty.

The King County Prosecutor's Office is expected to announce Wednesday morning 
that they have withdrawn their notice to seek the death penalty. An official 
close to the case confirmed the decision.

The news comes after 2 separate King County Superior Court juries declined to 
send convicted cop killer Christopher Monfort and Joseph McEnroe, Anderson's 
former boyfriend and her co-defendant, to death row. Both men are serving a 
sentence of life in prison without the possibility of parole.

Anderson, 36, is charged with 6 counts of aggravated murder for killing 3 
generations of her family as they gathered for a holiday celebration at her 
parent's home. Killed were Wayne, 60, and Judy Anderson, 61; their son Scott 
and his wife, Erica Anderson, both 32; and the younger couple's children, 
5-year-old Olivia and 3-year-old Nathan.

McEnroe, 36, told jurors during his trial earlier this year that Michele 
Anderson coerced him to kill her family.

McEnroe testified that he and Anderson armed themselves and drove to the home 
of her parents, Wayne and Judy Anderson, on Christmas Eve 2007. Once inside, 
McEnroe distracted Judy Anderson, who was wrapping Christmas gifts, while 
Michele shot her father, O'Toole told the jury.

After Michele's gun jammed, McEnroe then killed Wayne and Judy Anderson.

The 2 then hid the bodies and carefully cleaned the home and waited for 
Anderson's older brother, Scott, his wife, Erica, and their 2 young children, 
McEnroe said.

Once the family arrived, Anderson shot her brother, McEnroe testified. McEnroe 
then shot Erica Anderson and the children because he didn't want witnesses.

During his testimony last month, McEnroe said that he killed Olivia and Nathan, 
the 2 children, because "if they weren't already corrupted they would be by 
this [witnessing the murders]. The only decent thing to do was to free them."

"At least they didn't suffer," he said.

Pam Mantle, Erica Anderson's mother, said Wednesday morning that the decision 
is "a relief."

"It's been devastating for all of our friends and family," said Pam Mantle. 
"We're all just worn out from the whole thing. It's almost 8 years."

(source: Seattle Times)






USA:

Texas jury sentences child killer to life in prison instead of death in sign 
times are changing


In America's death penalty capital, this one seemed like an open and shut case.

In an act of apparent spite, Gabriel Armandariz murdered his defenceless young 
sons, hid them underneath his Texas home and sent pictures of their bodies, 
including one hanging in a wardrobe, to the childrens' mother Lauren Smith.

In 1 text to Smith, Armandariz, who complained of her partying ways, wrote: "I 
commend the spirits of these 2 boys to the Lord. I would much rather be with 
them than be out partying with friends."

Alongside a picture of himself with the 2 boys on a bed, Armandariz also 
texted: "We love u, goodbye".

Police found the bodies of Luke, 8 months, and Gatlin, 2, within hours of the 
disturbing texts. Armandariz, 32, later confessed.

The 2011 murders sent chills down the spines of the hardest Texans. Armandariz, 
it seemed, was destined for the death chamber.

But when the case came to trial earlier this year, something happened in the 
courtroom that would have never happened 10 years ago. A jury returned a life 
in prison verdict. Armandariz, described as a "lying, manipulative baby 
killer", would be spared the execution chamber.

Texas newspaper the Fort Worth Star Telegram reported jurors came to their 
decision after 8 hours.

"The lawyers were crying. The jury was crying. Trial observers were crying," 
journalist Tim Cole wrote.

So what happened? Did the men and women of the jury go soft? If they did, 
they're not alone.

Not 1 Texas jury has sentenced a single guilty party to death this year.

That's in stark contrast to the 48 people executed in Texas in 1999, or 39 
executed in 2000, or 24 executed in 2009.

Experts say it's a trend that will soon see the death penalty abolished in even 
the most conservative US states.

Peter Norden, a member of the World Coalition Against the Death Penalty and 
adjunct professor at RMIT University, said there's been a "big shift" in the 
way Americans view capital punishment.

"It's happening," he told news.com.au.

"Abolition of the death penalty is happening throughout the world quite 
rapidly. The states are the toughest nut to crack but it'll definitely happen. 
There are signs of it already."

Those signs include a jury in Texas deliberating for just 10 minutes before 
returning with a non-death-penalty verdict this year and Nebraska becoming the 
1st conservative state since 1973 to reject death by lethal injection.

So what's behind the shift?

On the surface, it has everything to do with jurors being offered life without 
parole as a means of punishment. That sentencing option was only adopted in 
Texas in 2005.

Prof Norden said botched executions also played an important role.

"The breakdown in the system of executing was a dramatic scandal," he said.

He was referring to the execution of Clayton Lockett, described as "cruel and 
unusual".

Lockett, on death row in Oklahoma for the brutal kidnapping, rape and murder of 
a teenager in 1999, suffered through a torturous 43-minute execution after an 
untested combination of drugs were incorrectly administered.

9 months after Lockett's botched execution, Oklahoma put to death another 
prisoner in similarly distressing scenes.

Charles Warner, a child rapist and murderer, cried out from the death chamber 
"My body is on fire" as his lethal injection was administered.

The incidents sparked a US Supreme Court hearing into whether death by lethal 
injection is unconstitutional.

Prof Norden said world trends were also impacting juries.

"For a long time, criminal justice in the states has been black and white. In 
the last 5 years or so there's been a rethink.

"There was for so long a sense that the threat to Americans was from within. 
Now it's external."

He said wars in Iraq and Afghanistan and the threat from Islamic State have 
changed the way Americans view their own citizens.

There are still 31 US states where the death penalty applies. They include 
Alabama, California, Missouri, Washington, Indiana and Texas. States that 
recently abolished the practice include Nebraska (2015), Maryland (2013), 
Illinois (2011), New Mexico (2009) and New York (2007).

"The abolition family is growing in numbers," Prof Norden said. "It's only a 
matter of time."

(source: news.com.au)