[Deathpenalty] death penalty news----TEXAS, PENN., GA., OHIO, TENN.

[Rick Halperin]

June 18



TEXAS----impending execution

Gregory Russeau: Life on death row



Don't wear white.

Don't wear white and button up your shirt.

Don't wear white, button up your shirt, and the clock starts as soon as you 
start talking to him. Oh, and the guards are trained to shoot, just in case you 
step off the path while you're filming.

All delivered with Texan bonhomie, but the directions we're given by the 
authorities the day we arrive to film an interview with death row inmate, 
Gregory Russeau, give some insight into the world of rules constructed around 
the more than 250 inmates, who wear white jumpsuits and are housed in the 
Polunsky Unit at Livingston.

It's not where they'll die. For executions they're taken down the road to the 
death house in Huntsville prison. There they can prepare with a spiritual 
adviser of their choosing, before they're strapped onto a gurney and the warden 
orders the massive dose of pentobarbital - a barbiturate - delivered into a 
vein, and delivers justice, the Texan way.

Gregory Russeau says he's ready. When he enters the cubicle for our interview, 
a giant of a man, he has to bend backwards to allow the guards to unshackle his 
hands through a flap in the lower part of the door, so he can sit and talk on 
the phone through glass to me. He calls me Ma'am.

"To some, it's life and they want to live it. Me, I'm ready for it to be over 
with. I'm not ready to die, but the madness, the sadness, the humiliation, you 
know just life in general, being in this situation, is not good."

Nothing, he tells me, could be worse than living out his life inside a prison. 
He says that he is at peace, after 13 years of waiting.

"I have peace today, so I have no problem laying on that gurney to accept 
whatever the state's going to do to me, but it's not going to change the fact 
that they strapping an innocent man to a bunk and injecting drugs into them, 
just to get their satisfaction."

He talks eagerly throughout our meeting, stopping only to mop sweat from his 
brow. The tissue paper sticks to his cheeks. He's never agreed to a media 
interview before, but says his friends urged him to speak, so people would see 
the man they call the 'bear', not the felon the DA described as "a monster".

I don't know whether Gregory Russeau is innocent, as he says he is. His lawyers 
were ineffectual, he claims, when he was tried 13 years ago and eventually 
convicted of killing a 75 year old white man, James Syvertson. He accuses 
police of planting evidence to frame him, because he knew police involved in 
the illegal drugs trade, as he was. These claims were dismissed on appeal. He 
was stopped driving Mr Syvertson's car but says he didn't know it was stolen.

"I had an all white jury, and this was a 75 year old man and I'm an African 
American drug user."

He describes the death penalty as a tool, that's neither lawful nor just.

"No-one will get justice. No-one will get peace.

"They'll be talking about, oh, he went to sleep - that's not peace. James 
Syvertson is not coming back. Greg Russeau is not coming back. So there is no 
peace in it."

There will be no last minute reprieve or legal absolution for Russeau. On 
Thursday, he will die - and become the 527th person executed in the state of 
Texas in the past 4 decades.

(source: Kylie Morris, Channel 4 news)

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

Another black man sentenced to death in Texas ---- The death penalty is 
outdated, barbaric, unconstitutional and injudicious. And today at 6pm CDT, it 
will claim another victim.

Another day, and another black man is sentenced to death in Texas.

A black man sentenced by an all-white jury for a murder he says he didn't 
commit. He has been on death row for 13 years, and he is scheduled to be put to 
death at 6pm today, Central Daylight Time.

Gregory Russeau, 45, appealed against his sentence in 2005. Against his wishes, 
he was represented by the same attorneys who fielded his case in 2001, when he 
was charged with the brutal murder of a 75 year old white businessman.

As a drug addict, Russeau maintains he was framed for the murder by the police, 
because he had knowledge of drug dealing within the town's police force. 
Regardless of whether his story is true, it should be a source of extreme 
discomfort to anyone who cares about justice and human rights that a black 
person can be tried and put to death exclusively by white people, in a part of 
the world that has such an egregious track record with matters concerning race. 
Well over 1/3 of people put to death in Texas are black, despite the black 
population making up barely a tenth of the population as a whole.

Texas finds itself increasingly out on a limb where the death penalty is 
concerned, compared to other US states. Even where the death penalty is 
officially on the statute books, moratoria have been imposed, based on concerns 
that the practice is unconstitutional. Particularly, there are reservations 
about using the lethal injection, which has been shown time and again to 
deliver death in ghastly and agonising ways, because of improper handling of 
the drugs, and an entirely understandable reluctance on the part of qualified 
medical professionals to be involved.

The lethal injection was adopted as a "humane" method of execution, to replace 
the electric chair, which looked for all the world like "cruel and unusual 
punishment", as defined by the constitution. The 3-drug system that is 
currently used in the US is designed to first knock the prisoner unconscious, 
then induce paralysis, and finally stop the heart. In many cases the prisoner 
has not been rendered unconscious during the 1st stage, meaning they are awake 
as they suffer the effects of the 2nd and 3rd injections, causing prolonged 
muscle cramping and acute burning sensations. Despite the catalogue of botched 
executions via lethal injection, this remains the preferred method in the US. 
It has claimed more than twelve hundred victims since 1976, and at 6pm today 
CDT, Gregory Russeau's name will be added to the tally.

Given the miscarriages of justice that have been associated with the death 
penalty, including a shameful propensity to execute people who are mentally 
ill, or from minority groups, is it not something of an aberration that a 
democratic country such as the United States still clings to this barbaric 
activity? Especially considering how easily corruption can seep into the 
judicial process. Especially considering how much suffering has been needlessly 
caused, both during the tortuous, protracted incarcerations that are the norm 
on death row, and within the execution chamber. Especially considering the 
racial tensions that still exist in America.

Eventually, the death penalty will be entirely abolished in America, just like 
it was in the UK. There is no question that it is on the way out. Its end 
cannot come soon enough, because every time a person is condemned to death, a 
window is opened into the beating heart of a punitive judicial system, which 
brutalises the sensibilities of citizens and officials, and creates too many 
parallels with other countries - such as China, Saudi Arabia and Iran - where 
human rights violations are systemic.

(source: the-newshub.com)








PENNSYLVANIA:

Pa. high court affirms decision to vacate death sentence for cop-killer



Pennsylvania's Supreme Court on Wednesday affirmed a lower-court ruling 
vacating the death sentence of convicted cop-killer Edward Bracey and ordering 
him to serve life in prison without parole.

The state's high court ruled, 4-1, that Bracey may not be executed for the 1991 
shooting of Philadelphia Police Officer Daniel Boyle because he is 
"intellectually disabled" and the U.S. Supreme Court barred such executions in 
2002 in Atkins v. Virginia.

First Assistant District Attorney Edward McCann said Wednesday that it was 
"very unlikely" his office would appeal.

McCann said the wording of the opinion was grounded in factual findings about 
Bracey's intellectual ability and mental condition made by Philadelphia Common 
Pleas Court Judge M. Teresa Sarmina in a January 2014 ruling based on 4 days of 
hearings.

McCann, however, said he still believes Sarmina's ruling was "illogical" based 
on the findings in earlier hearings that Bracey was "borderline mentally 
retarded."

John McNesby, president of Lodge 5 of the Fraternal Order of Police, said he 
was "disappointed by the decision. It was the cold-blooded killing of a rookie 
police officer. I'm saddened by it, and it reopens the wounds for Officer 
Boyle's family."

Bracey, now 52 and in Graterford Prison, was found guilty of murder in the Feb. 
4, 1991, shooting of Boyle, a 21-year-old from a police family who was out of 
the academy just 7 months.

Police said Bracey and 2 friends were driving a stolen Buick on their way to 
rob some drug dealers when Boyle's car came up behind them. The Buick sped away 
with Boyle in pursuit until it crashed at Eighth Street and Germantown Avenue.

1 of Bracey's friends later told police that the paroled felon grabbed a 9mm 
pistol in his lap and said, "No cop's going to thump on me."

Bracey jumped out and leaped onto the hood of Boyle's cruiser, firing 8 times 
and hitting Boyle in the temple.

Boyle died 2 days later. That same day, Bracey was cornered by police, jumped 
through the skylight of a building, and set himself on fire with nail polish 
remover. He was severely burned.

Bracey had exhausted his primary appeals and his lawyers had filed a 2nd round 
under the state's Post Conviction Relief Act contending that his trial lawyer 
was ineffective for failing to present evidence of brain damage and mental 
illness during the penalty phase.

In affirming Sarmina's ruling, the Supreme Court's 30-page opinion restated the 
conclusions of mental health experts on which she based her decision.

"In sum, as [Sarmina's] findings are supported by substantial evidence and its 
legal conclusions are free from error, we affirm the order vacating [Bracey's] 
death sentence," wrote Justice J. Michael Eakin.

Justice Correale F. Stevens dissented, writing that the circumstances of 
Boyle's shooting indicate that far from being intellectually disabled, Bracey 
was "an individual who was more than capable of taking control of a deadly 
situation."

"It is important to remember," Stevens wrote, "that when [Bracey] murdered 
Officer Boyle ... he possessed the intellectual capacity to: arm himself in 
preparation of robbing and shooting some drug dealers; operate a stolen 
vehicle; brandish a 9mm automatic handgun at Officer Boyle while standing on 
the hood and roof of the police cruiser; demand that the officer not touch his 
own firearm; [and] shoot Officer Boyle with no less than 8 rounds."

(source: philly.com)

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

Responses filed in suit over death penalty moratorium



Defense lawyers for a death row inmate say Governor Tom Wolf is on the right 
side of history with his execution reprieves.

When the governor announced in February he would suspend the state's death 
penalty and issue reprieves for each scheduled execution, he was met with swift 
outcry from prosecutors and sued by the Philadelphia district attorney. The 
lawsuit challenges the governor's very 1st reprieve, issued to Terrance 
Williams, sentenced to death for killing a man in 1984.

The Philadelphia D.A.'s office, which prosecuted Williams, called the 
governor's use of the reprieve unconstitutional because it is being used as 
part of a blanket refusal to carry out a duly enacted law.

On Wednesday, lawyers for Williams filed their response to the challenge. They 
say the governor's reprieve has ample historical precedent.

"Governor Lawrence in 1961 issued a reprieve while the legislative committee 
studied capital punishment. That's exactly what happened here," said Nolan. "In 
1841, Governor Porter issued a reprieve to postpone an execution while the 
Legislature was considering banning the death penalty."

Wolf said his a moratorium would remain at least until a task force concludes 
its work studying the capital punishment system in Pennsylvania. He has issued 
three reprieves this year.

"What we have found is, over the past 300 years, there have been multiple 
reprieves," said Nolan. "Reprieves have not been limited in purpose as the 
district attorney is trying to suggest they must be. It's just not accurate."

The Wolf administration also responded to the lawsuit Wednesday in a separate 
filing, saying the state constitution puts no limits on the governor's power of 
reprieve.

The case is before the state Supreme Court.

(source: WITF news)








GEORGIA----female to face death penalty

Former Rome woman will face the death penalty



Multiple media outlets are reporting that prosecutors in Monroe County will 
seek the death penalty for Amanda Hendrickson for the muder of her 5-year old 
daughter, Heaven Woods.

Hendrickson and Heaven had moved to Forsyth in early May of 2014 from Rome to 
live with Roderick Buckner.


Hendrickson has a history with the Department of Family and Children Services 
in Floyd County, according to a GBI news release.

First responders reported that Heaven wasn't breathing when they arrived at a 
home on Brookwood Drive in Forsyth May 20, 2014.

The couple was arrested and charged with 1st degree cruelty to chidren before 
the charges were upgraded to murder.

Investigators say Heaven died from blunt force trauma to the stomachand she had 
new and old injuries.

Buckner has pleaded guilty and will serve life without the possibility of 
parole.

He is expected to testify during Henrickson's trial.

(source: WRGA news)








OHIO:

Jefferson Co. Prosecutor says death penalty is possible for double homicide 
case



2 people shot at a sportsmans club are dead, and their accused killer is locked 
behind bars.

Now, the big question, if convicted, is what kind of punishment would he face?

Jefferson County Prosecutor Jane Hanlin took questions about this case and the 
death penalty. She says, many of the homicides that happen in this area aren't 
eligible for the death penalty, but this one, very well could be.

"All of the information that we have so far is the two individuals that were 
killed, were not who he intended to kill, or not who he was having problems 
with, or having words with earlier in the evening," Hanlin said.

Hanlin says the victims of a double homicide at the Jefferson County Sportsmans 
Club in Bloomingdale were tragically in the wrong place at the wrong time.

Wayne Everly Jr. is charged with two counts of aggravated murder following 
Sunday's shooting.

If convicted, the punishment would be severe.

"Possibilities include anywhere from life in prison with no parole after 20 
years, 25 years, 30 perhaps, never. And once the case is taken to the grand 
jury, it's possible for the grand jury to consider the death penalty in this 
case," Hanlin said.

When the grand jury meets in July, the members will weigh the facts to 
determine if a death penalty specification is warranted.

"There are quite a number of homicides that have taken place here that are 
simply not eligible for death penalty consideration, this one, as I read the 
statute, is," Hanlin said.

Hanlin was at the scene shortly after the shooting, and she said the sheriff 
had the opportunity to interview several witnesses and Everly himself.

"The investigation is proceeding rather quickly and the facts are coming 
together," Hanlin said. "Certainly, we feel that we'll be able to present it in 
July.

Everly's bond was set at $2 million, and he remains in the Jefferson County 
Jail.

(source: WTOV news)

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

Jury deliberating in death penalty case of Akron man accused in quadruple 
murder



The 2nd Summit County jury in eight months is deliberating in the death penalty 
case of an Akron man accused of participating in the murders of 4 people.

The jury of 9 women and 3 men have something the previous jury didn't: the 
testimony of the defendant, Deshanon Haywood, 23.

Haywood took the stand in own defense. He didn't testify during the 1st trial, 
when he was found guilty in the April 2013 murders of Ronald Roberts, 24, Kem 
Delaney, 23, Maria Nash, 19, and Kiana Welch, 19 at a Kimlyn Circle apartment 
complex.

Haywood was originally found guilty in the slayings in October, but the 
decision was set aside and a new trial was ordered after allegations of 
prosecutorial misconduct surfaced. Haywood's second trial began in late May.

Prosecutors and defense attorneys said Wednesday during closing arguments - 
which were delayed a day due to a power outage at the courthouse - that the 
verdict largely hinges on whether or not the jury believed Haywood's testimony.

Defense: Haywood's testimony held up

Haywood testified that he met with Roberts to give him a sample of heroin to 
sell to one of Roberts' clients. He said he was shocked when co-defendant 
Derrick Brantley started asking about Roberts' heroin. He said Brantley grabbed 
one of Roberts' guns off the table and demanded the drugs.

Haywood said he tried to diffuse the situation by letting Nash and Welsch into 
the house when because he thought Brantley would back off if he saw them. 
Haywood said that Brantley forced all 4 into the basement at gunpoint while he 
stayed upstairs. He testified he heard gunshots, screaming and more gunshots 
before Brantley ran upstairs and the 2 left.

Defense attorney Joe Gorman said that his client's account of the murders 
remained consistent across his 2 days on the stand. Gorman attacked the police 
investigation, calling it incomplete. He said police stopped investigating 
after finding text messages from Brantley to Haywood that referenced the 
killing of 2 people and the theft of drugs.

Haywood's phone, however, was found to be off and he didn't receive the text 
messages until three hours later, Gorman noted.

He also pointed out that one of the witnesses who testified for the 
prosecutors, Anthony Townsend, was the subject of considerable controversy 
during the course of the 2 trials. Townsend testified during both hearings that 
Summit County prosecutors never gave him a deal to be released from prison in 
exchange for his testimony in the case.

Gorman and co-counsel Brian Pierce learned that Townsend was released from 
prison shortly after testifying in the 1st trial. Gorman and Pierce alleged 
prosecutorial misconduct and Summit County prosecutors agreed to a new trial.

Towsend testified in the current trial that he never received a deal, then fled 
before he was subjected to cross-examination by defense attorneys. The U.S. 
Marshals Northern Ohio Violent Fugitive Task Force arrested him June 2 and 
brought him to court.

"There isn't one shred, not one inch, not one iota of scientific evidence that 
led them to show Haywood was in the basement," Gorman said. "There's nothing 
that connects him to that basement."

Prosecutors: Haywood 'willing to do anything'

Assistant Cuyahoga County Prosecutor Brian Radigan told the jury that Haywood 
crafted his story after listening to 2 trials and reading transcripts from 
Brantley's trial.

Brantley is serving life in prison for the murders and is considered to be the 
primary shooter and planner in the killings.

Radigan attacked Haywood's credibility. He said Haywood destroyed evidence by 
deleting text messages from his cellphone and lied to police who interviewed 
him after the murders.

"Judge a man whose back is against the wall and is willing to do anything to 
stay out of the situation," Radigan told the jury.

Assistant Cuyahoga County Prosecutor Mahmoud Awadallah argued that physical 
evidence in the case, such as the position of the bodies in the basement, a 
broken purse strap, keys that were still in the hand of another victim and text 
messages pulled from phones paint a picture of what happened at the home.

Prosecutors contend that Haywood and Brantley planned to rob Roberts of a large 
amount of heroin. The duo took Roberts and Delaney to the basement and shot and 
killed them. Then the 2 women came to the house and the 2 men panicked. They 
forced the women into the basement and killed them execution-style.

"When you craft a story in order to fit the evidence, it starts to not make 
sense," Awadallah said. "No matter how hard you try, you can never explain all 
of it."

(source: cleveland.com)








TENNESSEE:

Lawyers facing legislative scrutiny depart death penalty case



State-funded attorneys representing inmates challenging Tennessee's methods of 
execution have been removed from the case after facing scrutiny from some state 
lawmakers.

3 attorneys with the Office of the Post-Conviction Defender asked to be 
removed, citing an August hearing before the Senate Government Operations 
Committee. The purpose of the August hearing was to determine whether the 
office could legally continue to represent inmates in civil court.

A judge approved the removal request last week. The Post-Conviction office had 
already found a replacement attorney - Kathleen Morris of Nashville - and none 
of the private attorneys or federal public defenders working on the case 
objected to the swap.

The changes should not affect how the Davidson County Chancery Court case - 
brought by more than 30 condemned inmates who say lethal injection and electric 
chair protocols are unconstitutional - proceeds. The case is set for trial July 
7.

Sen. Ken Yager, R-Kingston, said during a hearing earlier this year that the 
Post-Conviction Defender should not be involved in civil cases.

Yager said state law created the Office of the Post-Conviction Defender to 
represent death row inmates only in appeals.

"I think it was the very appropriate thing for them to do, and I appreciate 
that they've done that, I do," Yager said of the attorneys' choice to leave the 
case. "I'm not against that office. ... I just thought they had overreached 
their authority and it ought to be stopped."

He said his "interest intensified" when the inmates' attorneys added a 
challenge to their Chancery Court case regarding the constitutionality of a 
bill that allowed executions by electrocution if the drugs needed for lethal 
injection were not available. Yager was the prime Senate sponsor of the 
legislation allowing electrocutions enacted last year.

Post-Conviction Defender Justyna Scalpone has said state law allows her office 
to get involved in "collateral matters." She declined to comment when contacted 
at her office Wednesday.

(source: The Tennessean)