[Deathpenalty] death penalty news----GA., ALA., LA., OHIO, NEB.
Rick Halperin
rhalperi at smu.edu
Sat Mar 21 15:23:08 CDT 2015
March 21
GEORGIA:
Media-savvy campaign pushes clemency for Gissendaner
Though a variety of factors may be keeping Kelly Gissendaner alive, the local
supporters who have waged a savvy media campaign on her behalf may be one of
the most influential, drawing national attention.
The execution of Gissendaner, the only woman on Georgia's death row, was
delayed in late February because of a winter storm. A 2nd try in early March
was cancelled when the drug that was to be used to kill her didn't look right.
Her supporters are asking for a federal stay while state execution procedures
are investigated.
Gissendaner was convicted of the 1997 murder of her husband. She had persuaded
her boyfriend to kill Douglas Gissendaner, and the boyfriend later testified
against her.
Since then, she has graduated from a theology program operated by a consortium
of divinity schools in the Atlanta region and earned encomiums from guards,
chaplains, and teachers alike as a powerful example of religious conversion.
Her case has drawn attention not only from progressive death penalty opponents,
but also from mainstream evangelical media outlets like Christianity Today and
other believers with high media profiles.
Using a multifaceted blend of digital outreach and old-fashioned local
networking, her supporters turned a story that had already engaged many
volunteers, both inside and outside Lee Arrandale State Prison, into a national
clemency campaign.
"Who knows why one thing gets social media attention and another doesn't?"
asked Mark Oppenheimer, who described Gissendaner's relationship with famed
German theologian Jurgen Moltmann in a New York Times column the same week the
Georgia parole board denied her clemency.
"She's a Christian in the South, and that goes far," Oppenheimer added. "It
wins a lot of people's empathy and it's attractive to the media. It's easier to
rally around a Christian than an atheist on death row."
"We were really expecting clemency to go through," said activist Melissa
Browning, who teaches contextual theology at Mercer University's McAfee School
of Theology.
But when that didn't happen - 2 requests for clemency have been denied at this
point - Browning and others were prepared with a full-court press to save
Gissendaner.
Between her 2 scheduled execution dates, supporters had uploaded essays to the
Huffington Post, launched a popular Twitter hashtag, and worked alongside the
nonprofit Faith in Public Life to recruit 1,000 religious leaders to sign a
clemency petition. Another petition, at www.groundswell-mvmt.org, attracted
about 84,000 signatures in 2 days, Browning reports.
Browning says that a number of conservative Georgia faith leaders and
congregants (many of whom are death penalty supporters) have been advocating a
life-without-parole sentence - on the condition that their names not be made
public.
Part of the reason the campaign became a national one, says Mercer professor
David Gushee, was that Gissendaner put a face and narrative to what might have
been an abstract story. "Any system in which they are locked away, and the
general public never sees them again, human beings become invisible," he said.
Now, many people know Gissendaner and her story.
For Browning, who has about 700 Twitter followers, the days before
Gissendaner's 2nd execution date were an intense and fast education in creating
social-media buzz. "It was a huge factor," she said, "because we did get
information out and we got it out quickly."
"Social media expands the circle of abolitionists," said Stephen Dear,
executive director of People of Faith Against the Death Penalty. "More and more
people become involved, engaged on the issue or by a case. Some may not stay
involved, but some will."
As Dear pointed out, the furor over Gissendaner takes place in a national
environment in which death penalty cases have been on the decline.
After posting an open letter to "Georgia's Christian citizens" on Baptist News
Global, Gushee watched as his impassioned indictment against the death penalty,
threaded with scriptural allusions, was shared hundreds of times on Twitter and
thousands more on Facebook.
"It certainly was a very loud campaign, and it would have been impossible for
the decision-makers not to notice it," he said.
Activists now wait to see if their pleas will make a difference, rippling
beyond a state in which there are numerous ties among death penalty opponents
across party lines.
"To me, it's interesting how few clergy and theologians speak about the death
penalty," Oppenheimer said, and "how strong a consensus there is among
conservative evangelicals that it's acceptable. ... The question is whether
that will ever change."
(source: The Philadelphia Inquirer)
*****************
Death penalty case may be derailed by employee's sexting
A Fulton County death penalty case could be derailed because of the
inappropriate actions of one county employee. 11Alive's Investigators are
digging into the personnel file of that employee, and what they have discovered
is raising even more questions.
The Investigators first reported that witness advocate Wesley Vann was
suspended for allegations of sexting and threatening a witness in a death
penalty case.
Defense attorneys say because of the misconduct, they want the death penalty
taken off of the table.
This marks the 3rd time that Fulton County District Attorney Paul Howard has
suspended Vann from his job - warning each time, that it would be the last
time.
In court on Friday, accused double murderer Stephen Heller watched as his
attorneys fight to spare his life.
This is not his trial - they are asking a judge to throw out the death penalty
in his case after their key witness was harassed and threatened.
Defense attorneys claim Vann had been sexting Heller's former live-in
girlfriend, even showing up drunk at her house demanding sex and making threats
should she testify on Heller's behalf.
District Attorney office employee accused of sexting, threats
That was enough for Howard to suspend Vann for 20 days, saying, "Although I
have chosen not to terminate your employment, your behavior in this instance
raises serious questions as to your judgment."
These are questions that have been raised several times before - like in 2012,
when Vann was suspended from his county job 3 times. He was disciplined
previously for inappropriate conduct with a witness, reprimanded for showing up
to court while appearing to be under the influence, and ordered multiple times
to seek help for drug and alcohol abuse.
After Vann's 2nd suspension, Howard wrote that it was his final warning, saying
in part, "If you continue along this path of addiction and misbehavior, I will
have no other choice but to terminate you."
Putting so many cases like this in jeopardy, some question how Vann has kept
his job. The file shows it was Howard who directly pushed for the county to
hire Vann and later promote him.
Vann may have gotten a good word put in from his wife, former CNN anchor Lyn
Vaughn. She was Howard's former spokesperson and still works in Fulton County
government.
Vaughn, according to her husband's personnel file, has been present for at
least 1 of his disciplinary discussions with Howard.
She appeared briefly at court in Friday morning, only to say they are working
on bringing the truth out.
Howard said in a letter to Vann that he was choosing to keep him on board
because Vann was recognized by his peers in 2014 for his "excellent work."
11Alive News asked Howard's office on Friday for comment on Vann's work record.
Howard said that given the sensitivity of this particular death penalty case,
he would not comment at this time.
(source: WXIA news)
ALABAMA----female may face death penalty
Grandmother Joyce Garrard guilty of capital murder for running granddaughter
Savannah Hardin to death
An Etowah County jury tonight found Joyce Hardin Garrard guilty of capital
murder in the 2012 death of her 9-year-old granddaughter Savannah Hardin.
Penalty phase will begin at 9 a.m. Monday.
Garrard, 49, held her head down and cried after the verdict was read, with
attorneys comforting her on both sides as deputies stood behind. Sobs rang out
in the courtroom from her family, who have filled 3 pews in the courtroom
nearly every day of the trial.
Garrard faces life in prison or the death penalty for the crime. Prosecutors
said Garrard forced Savannah to run for more than 3 hours in the yard of her
Etowah County home on the afternoon of Feb. 17, 2012 as a punishment for lying
about eating candy bars on a school bus.
Savannah collapsed that evening and died days later in a Birmingham hospital.
The verdict comes 3 years and a month, less a day, after Savannah's death.
The jury deliberated for 3 1/2 hours, and spent about 12 hours at the
courthouse today, first listening to closing arguments. Earlier in the
afternoon, District Attorney Jimmie Harp told jurors, "Discipline that ends in
death is never right."
(source: al.com)
LOUISIANA:
Lawsuit Says State Prison Officials Broke Sunshine Law----The lawsuit claims
the Department of Corrections broke the law because state officials convened as
a legislative committee to help shape public policy, but they didn't invite the
public to any of their meetings.
The Louisiana Department of Public Safety and Corrections violated state law by
meeting in secret to discuss new ways to execute death-row prisoners, a new
lawsuit alleges, even though a lawyer for the department said officials did
nothing wrong.
The lawsuit was filed Tuesday by the Promise of Justice Initiative, an
organization that seeks changes in Louisiana's criminal justice system,
particularly the abolition of the death penalty. It claims the Department of
Corrections broke the law because state officials convened as a legislative
committee to help shape public policy, but they didn't invite the public to any
of their meetings, as required by the state's Open Meetings Law.
James LeBlanc, secretary of the department, headed the study committee, which
was tasked last year with finding the most humane way to administer the death
penalty in Louisiana. Other members were State Penitentiary Warden Burl Cain, 5
other department employees and 2 lawyers that represent the department.
Together, those state officials and lawyers submitted a report to the state
House of Representatives in February after conducting a 6-month study of the
death penalty, as mandated by a resolution passed last year. The report
suggested executing inmates with a never-before used method - suffocation by
nitrogen - as well as reviving a bill that would allow for more secrecy
surrounding executions.
While conducting the study, the committee met at least seven times in secret,
with no public notice or opportunity for input, according to Sidney Garmon,
plaintiff in the suit and director for the Louisiana Coalition for Alternatives
to the Death Penalty.
The lawsuit says that Garmon, as a member of the public, should have been able
to attend these meetings in order to do a key part of her job - work with
policymakers to implement alternatives to the death penalty.
"It is essential to the maintenance of a democratic society that public
business be performed in an open and public manner and that the citizens be
advised of and aware of the performance of public officials and the
deliberations and decisions that go into the making of public policy," the
lawsuit says, quoting Louisiana's Constitution.
The lawsuit says the committee's report is void because all of the meetings
leading to it were conducted in private.
Louisiana Open Meetings Law mandates that "every meeting of any public body"
shall be open to the public, and shall be recorded with notes or minutes for
the public to review later, with a few exceptions.
One of those exceptions allows legislative committees to enter executive
session - but only for certain purposes, such as discussing confidential
communications. The committee also has to meet as a public body first before
voting to go into executive session.
After first reporting on the death-penalty study, The Lens asked committee
members and Rep. Joseph P. Lopinto III, R-Metairie whether or not their
meetings were held in public. The Lens also asked if the committee produced any
agendas before or kept notes during the meetings.
Lopinto, the chairman of the House Administration of Criminal Justice
Committee, authored the resolution asking for the study. He also authored a
secrecy bill last session, but then dropped it without explanation.
Lopinto didn't respond to requests for comment.
James Hilburn, a lawyer for the corrections department, avoided answering
whether or not committee members met in public, but he said the state agency
obeyed the law.
"The Louisiana Department of Public Safety and Corrections complied with all
applicable laws in preparing the report in response to HR 142 as requested by
the legislature," Hilburn said in an email.
The committee's report comes 4 months before a hearing in federal court on the
constitutionality of the state's method for executing prisoners, tied to
another lawsuit filed by members of the Promise of Justice Initiative. In that
lawsuit, lawyers for death-row inmate Christopher Sepulvado say that current
death penalty practices violate their client's constitutional protection
against cruel and unusual punishment.
Sepulvado, who is convicted of killing his stepson by beating him and
submerging him in scalding water, has won several stays of execution in the
past 2 years. Recently, a federal judge put all executions on hold until June,
until the state figures out the best way to kill its death row inmates.
Regardless of the outcome of the lawsuit filed in state court Tuesday, the
legislature is unlikely to make any "substantial" changes to death-penalty
protocols this year, Lopinto told The Lens earlier this month.
Lopinto said it was unlikely that a secrecy bill would emerge again in
Legislature this session. He also said he hadn't yet weighed all his options
regarding nitrogen, but that he was sure that any method would continue to
prompt lawsuits in the future.
"Even if we change to nitrogen, it's not like we're not going to have a legal
battle," Lopinto said. "We still have a viable option in lethal injection. It's
the way it's done in other states. We'll have to consider it next year."
(source: govtech.com)
*****************
Book, play compares death penalty to the crucifixion of Jesus
Sister Helen Prejean compares the death penalty to the crucifixion of Jesus and
uses the cross to illustrate her argument against it.
"This is a really conflictual, really hard, moral issue - and you have to start
with the crime," Prejean said. "Somebody in cold blood has taken the life of
innocent people, and what as a society are we going to do with them?
"How much power do we give our state and our government over lives?" she
recently asked a group of Baton Rouge Community College student actors
preparing to perform a theatrical version of her award-winning book, "Dead Man
Walking: An Eyewitness Account of the Death Penalty in the United States."
"There are 2 arms on the cross," the 76-year-old Baton Rouge native says,
spreading her arms wide as she speaks. "On the one side are the victims and
their families and all their pain and suffering, and on the other side is the
perpetrator. But he has a momma and family, too.
"Jesus was killed by the state - by the Romans for being a troublemaker," said
Prejean, a sister of the Congregation of St. Joseph. "You have to take the
audience on a complicated journey."
Her own complicated journey began in 1981, while working with the poor in New
Orleans. She began writing letters to Elmo Patrick Sonnier, convicted of rape
and murder, awaiting execution on death row at the Louisiana State Penitentiary
at Angola.
She became Sonnier's spiritual adviser and was a witness to his execution in
the electric chair in 1984. She then befriended and became spiritual adviser to
Robert Lee Willie, also convicted of rape and murder, who was electrocuted in
1985.
The book, written as if she is telling her story to a small group, details her
relationships with the offenders, the traumatized families of both the
perpetrators and the victims, and a larger examination of the death penalty
issue. It has sold more than a half-million copies and is translated into 10
languages, according to Prejean's website.
Hollywood actor and writer Tim Robbins in 1995 developed the book into a movie
starring Susan Sarandon as Prejean. Robbins combined and fictionalized the
stories of Sonnier and Willie into Matthew Poncelet, portrayed by Sean Penn.
Robbins also fictionalized the families of both Poncelet and the victims to
distill a 245-page book into a 2-hour movie.
While the book is historically factual, Prejean said, "all the names in the
film are different except for my name."
The executions are also different. In the book, the men are electrocuted, but
when the movie was produced in 1995, Louisiana had changed to lethal injection,
and that is how Poncelet is executed.
A polarizing issue
Nancy Litton, an accomplished local actor who portrays Prejean in the BRCC
production, said people she talks to either strongly support or strongly oppose
the death penalty.
"There is not a lot of gray area there. It is a very polarizing thing," Litton
told Prejean, adding that people have told her they don't even want to see the
play because it is too disturbing.
"We have to stand with people in the outrage of the crime, but then we have to
go into what does it mean to tell the state you can kill the person who did
this," Prejean replied.
Aaron Fontanilla portrays Poncelet and took that role, he said, because he is
already familiar with a similar character - his stepfather has been serving a
life sentence since 1988 at Angola for 2nd-degree murder.
"I've been going up there my whole life," Fontanilla said. "Going up there and
visiting him has made me who I am today."
One of the hardest acting challenges, Fontanilla told Prejean, is to be
remorseful for what his character has done.
As the execution draws near, Prejean explained, the offender experiences what
she calls "the God space," when Poncelet expresses remorse for his actions. In
the book, Sonnier's last words are an apology to the families of his victims.
Prejean said in her book that Sonnier and his brother, Eddie, abducted a teen
couple near St. Martinville, on Nov. 4, 1977. They raped Loretta Bourque and
then shot both her and David LeBlanc multiple times in the back of the head
with a .22 rifle. Eddie Sonnier died at the age of 57 in Angola, a few days
before Christmas in 2014. Willie, she said, died unrepentant. He and Joseph
Vaccaro abducted, raped and stabbed to death Faith Harvey, 18, of Hammond, on
May 28, 1980, a few days after she graduated from high school. Willie and
Vaccaro were on an 8-day, drug- and alcohol-fueled crime spree across 4 states
where they also kidnapped and raped several other girls. Vaccaro was sentenced
to life.
"The God that I understand, through Jesus, loves us in spite of all we have
done," Prejean said. "I've been with 6 men at their executions, and their
families and the victims' families, and everyone is worth more than their worst
act."
The actors' conflict
Megan Robertson, a 23-year-old BRCC junior from Plaquemine, portrays a guard, a
member of the Pardon Hearing Board and a member of victim support group the
Sisters organized in New Orleans.
"I see the death penalty both ways," Robertson said. "I am for and also against
it."
Lizz Haik, 26, a BRCC senior, portrays the mother of the rape/murder victim,
and also the nurse who inserts the needle into Poncelet's heavily tattooed arm.
"I couldn't do it (insert the needle). I'm a Catholic so I am against the death
penalty," Haik said. "But if it was part of the job, I don't know ... The play
definitely leaves you with an open-ended question, and it even made me call
into question the way I feel because I can see both sides, I play both sides."
The play has been performed in more than 235 colleges and high schools,
according to the play's website. "The production does not take sides; rather,
it seeks to promote discourse and discussion about the death penalty and all
human rights issues."
Theater professor and director Tony Medlin said there are 21 actors in the
ensemble and 76 separate scenes and transitions, requiring a large cast and
lots of technical requirements.
Usually the female actor portraying Prejean narrates transitions, but for this
production Prejean recorded them herself in the college's recording studio.
"This makes it real. It is actually in her voice," Medlin said. "She is someone
who has made a great impression on the world and made a very positive change."
Racial justice
Prejean, who lives in New Orleans, said she was glad to be back in Baton Rouge
and is working toward what she calls racial justice.
"When I was growing up under 'Jim Crow,' the only black people I knew were
maids," she said. "The race thing is huge for me right now."
She cited state budget crunches and a growing disparity between the poor,
inner-city public schools and the well-funded, private schools in the area.
"We can see the dividing lines in the schools," Prejean said. "I went to St.
Joseph's Academy. It is an excellent school, but we need all schools to be
excellent schools."
"The Gospel of Jesus is about justice and being on the side of people who
struggle," Prejean said. "We have to work for justice for everybody."
(source: The Acadiana Advocate)
OHIO:
Jury spares life of convicted murderer Daniel Tighe; life sentence without
parole
The vote to spare the life of convicted murderer Daniel Tighe was "the most
difficult decision that any of us has ever made," a juror said Friday.
After 8 hours of deliberations over 2 days, the panel of 7 men and 5 women
unanimously agreed that Tighe, 41, deserved a sentence of life in prison,
without any chance of parole, for the 2013 slayings of his former girlfriend,
Wendy Ralston, 31, and their 5-year-old son Peyton.
Juror Deborah Young, 55, a nursing assistant from Cuyahoga Falls, was the only
member of the panel who agreed to discuss why Tighe was not given a death
sentence.
"I guess 2 things: the childhood that he led, and the man that he had become -
and this believe it or not is very important - he would never get out of
prison. He's never going to be a free man," Young said.
She described the tenor of deliberations - 6 hours of talks into Thursday
night, followed by sequestration at an area hotel, then 2 more hours Friday
morning - as "very solemn."
"We wanted to make sure we looked at every single aspect, we understood
everything, and that everybody got their say so we could hear every single
point of view," Young said.
In the end, she said the decision came down to what Ohio law demands when a
death sentence is ruled out - the aggravating factors of the crime, she said,
did not outweigh the mitigating factors from what Tighe's lawyers had described
as his "horrendous childhood."
He and his sister were abandoned by their biological mother - literally dropped
off in the Newton Falls home of a woman the mother barely knew - when Tighe was
18 months old.
Arthur and Reba McCracken raised the two children there in Mahoning County for
2 1/2 years. They had been planning to adopt them, but the children were
"ripped away" from the loving home, attorney Brian Pierce said in his closing
argument, after the mother contacted the McCrackens out of the blue, in a phone
call.
Testimony in the penalty phase of Tighe's trial also showed that he suffered
repeated physical abuse by his father - and more hardships watching the
unyielding military man slowly die from cancer.
The combined effects of that type of upbringing, according to a clinical
psychologist who testified Thursday, left Tighe with a volatile personality
that affected virtually all of his future relationships.
Even his closest family members, Pierce said, "have not spoken to him in 25 or
30 years."
Tighe, 41, stood at the defense table, his head tilted slightly to the right,
and showed no outward emotion as the sentencing decision was read by Common
Pleas Judge Lynne Callahan.
Afterward, a Summit County Victim Services worker said that Marie Ralston, the
mother of the victim, and others who were with her did not wish to comment on
the jury's decision.
Pierce said it sent "a message that the death penalty has no place in a
civilized society, whether it's an individual killing someone else or the state
of Ohio. It's wrong," he said. "We hope this is another step to the elimination
of the death penalty in the state of Ohio."
Summit County Prosecutor Sherri Bevan Walsh said what Tighe did was
"unspeakable." The remains of Ralston and the boy were found buried in the
woods, in August 2013, behind a Tallmadge duplex they had shared with Tighe.
"To kill his own son, and his son's mother, and then dump their bodies like
garbage is horrific," Walsh said. She said Tighe has never accepted
responsibility, nor shown any remorse for the killings, "and deserves to spend
the rest of his life behind bars."
Walsh thanked the jury "for seeing that justice was done for the Ralston
family."
(source: Beacon Journal)
NEBRASKA:
Papillion lawmaker proposes using firing squad to carry out Nebraska death
sentences
A state senator has proposed using a firing squad to carry out death sentences
in Nebraska.
While 1 lawmaker doubted that it was a legitimate proposal, State Sen. Bill
Kintner of Papillion said he's dead serious about it.
Kintner, in a text message Friday, said it wouldn't be totally accurate to call
his proposal "death by firing squad," because the proposal would require the
condemned inmate to be chemically sedated first.
"My proposal is to put them to sleep so they are out cold, so they will feel no
pain and then be executed by firing squad," he said.
The proposal comes as several states, including Nebraska, are seriously
considering alternatives to reactivate their death penalties. In many states,
capital punishment is on hold because of difficulty in obtaining the drugs
needed for lethal injections.
In Utah, Gov. Gary Herbert said Thursday he is "leaning toward" signing a bill
passed by that state's legislature that would bring back the firing squad,
which was outlawed in that state in 2004.
In neighboring Wyoming, a proposal to reinstate the firing squad passed in the
Senate but failed in the House earlier this month.
Tennessee last year re-instituted the electric chair as a possible method if
execution drugs are not available. Oklahoma is exploring use of nitrogen gas.
Lincoln Sen. Colby Coash, a death penalty opponent, said he doubted the
amendment is serious.
"It's part of a filibuster," Coash said. "It's not unexpected."
An official with ACLU of Nebraska, which supports repeal of the death penalty,
said she was disappointed by Kintner's proposal.
"Supporters (of repeal) will not be distracted by these antics," said Danielle
Conrad, the group's executive director and a former state senator.
The Nebraska Legislature is scheduled to debate, possibly next month, a
proposal that would repeal the death penalty. Omaha Sen. Beau McCoy has already
filed 8 amendments to the proposal, Legislative Bill 268, which typically
signals a filibuster. Kintner's amendment is the 9th.
Filibusters are becoming more common in the Nebraska Legislature as a tactic
for a minority of senators to block a bill from passing. Passing a bill
normally takes the votes of 25 of the 49 senators. But it requires a 2/3
majority, or 33 votes, to stop a filibuster - an endless string of amendments -
and advance a piece of legislation.
Supporters of the death penalty, Coash said, "may be successful in killing the
(repeal) bill, but they're not going to get the firing squad passed."
Capital punishment in Nebraska has been in limbo since December 2013, when the
state's supply of sodium thiopental expired. That is the 1st drug used in the
state's 3-drug lethal injection protocol. Attorney General Doug Peterson
recently said that the chances of obtaining a new supply were slim and that he
was exploring alternatives.
Omaha Sen. Ernie Chambers, who has made repeal of the death penalty his main
objective during his 40-year career, could not be reached immediately for
comment. He has sponsored a bill that would replace the death penalty with life
imprisonment without parole.
But Kintner's proposal would likely inflame arguments that a firing squad is
barbaric and unconstitutional cruel and unusual punishment.
Coash said that even if Kintner were successful in getting his firing squad
amendment adopted to Chambers' bill ??? which Coash doubts would happen -
Chambers would immediately move to kill his own bill because of it.
Nebraska has never used a firing squad to carry out an execution.
Hanging was Nebraska's 1st method of carrying out the death penalty. It was
replaced by electrocution by 1920.
In 2008, the Nebraska Supreme Court declared that use of the electric chair was
cruel and unusual punishment. That prompted the Legislature, a year later, to
switch to lethal injection.
The state has not carried out an execution since 1997, when double-murderer
Robert Williams was executed in the electric chair.
11 men now sit on the state's death row.
(source: omaha.com)
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