[Deathpenalty] death penalty news----TEXAS, FLA., ALA., OHIO, MO.

[Rick Halperin]

May 23



TEXAS----impending execution

U.S. court denies motion to halt execution of long-serving Texas inmate



A federal appeals court has denied an application to halt the June execution of 
Lester Bower, one of the longest-serving inmates on death row in Texas, for 
killing 4 men at an airport hangar in 1983.

The U.S. Court of Appeals for the Fifth Circuit on Thursday denied a petition 
from Bower's lawyers, who said his planned execution on June 3 should be halted 
on grounds that his previous sentencing did not match U.S. Supreme Court 
precedent.

Bower, 67, who has been imprisoned for more than 30 years, is set to be 
executed by injection at the state's death chamber in Huntsville.

His lawyers have tried for more than 2 decades to have his conviction thrown 
out, saying he was found guilty due to faulty witness testimony.

Bower has denied being at the hangar where the murders took place but 
authorities said aircraft parts found in his home and other evidence implicated 
him in the crimes.

In March, the U.S. Supreme Court declined to hear an appeal filed by lawyers 
for Bower, who argued that three decades on death row amounted to cruel and 
unusual punishment.

According to Bower's court filings, he has faced imminent execution on 6 
occasions during his time in prison.

Bower was convicted of fatally shooting building contractor Bob Tate, former 
police officer Ronald Mayes, sheriff's deputy Philip Good and interior designer 
Jerry Brown, the Texas Department of Criminal Justice said.

Bower killed Tate to steal an ultralight airplane Tate was selling and then 
killed the other 3 when they unexpectedly showed up at the hangar, it said.

(source: Reuters)

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

Executions under Greg Abbott, Jan. 21, 2015-present----7

Executions in Texas: Dec. 7, 1982----present-----525

Abbott#--------scheduled execution date-----name------------Tx. #

8----------June 3--------------------Les Bower------------526

9-----------June 18------------------Gregory Russeau------527

10---------August 12----------------Daniel Lopez----------528

11---------August 26----------------Bernardo Tercero------529

12---------October 6----------------Juan Garcia-----------530

(sources: TDCJ & Rick Halperin)








FLORIDA:

Jury Recommends Death Penalty in Barry Davis Case----The jury in the Barry 
Davis case has recommended to the court that he face the death penalty. Davis 
was found guilty Monday on 2 counts of 1st degree murder in the deaths of John 
Gregory Hughes and Hiedi Rhodes in May 2012. The jury only deliberated for an 
hour Friday, but during the penalty phase, head injuries have been the topic of 
discussion the last 3 days.

After an hour of deliberating, the jury in the Barry Davis case recommended to 
the court that he face the death penalty for the murders of John Gregory Hughes 
and Hiedi Rhodes.

A Spencer Hearing, which is an opportunity for the defendant's lawyers to 
present additional evidence to the judge before a sentence is entered, will 
take place at a later date.

3 final witnesses testified Friday to wrap up the month-long trial of Barry 
Davis.

For the last 3 days, traumatic brain injuries have been the topic of 
discussion.

The defense brought in a number of witnesses both in the clinical psychology 
and neuropathology fields Thursday. They testified that head injuries Davis 
sustained as a child from activities like football could have impacted his 
judgment as an adult.

1 clinical psychologist, a witness for the state, says otherwise.

"He has no medical health treatment historically, no contact with psychologists 
or psychiatrists, no medications so for me that suggests there was not 
recognized as to any major mental health issues in his lifetime," said Dr. Greg 
Prichard.

The Defense Attorney's witnesses also claimed the environment of where someone 
grows up, depression and anxiety, mixed with a brain injury can create a 
"disturbed individual."

Davis' sister testified Friday by phone and talked about the conditions of 
their father's home where she stayed one summer.

"My eyes were red, and drained," said Kieana Davis, as she described when she 
went to visit her father in California. "And when we went back from visiting my 
father and we were sent back to my mom she was very upset, and our clothes were 
dirty and had not been washed."

After his examination, Dr. Prichard stated Davis' act of killing John Gregory 
Hughes and Hiedi Rhodes was not due to a mental illness or any form of 
depression, but rather, "The behaviors associated with the crimes reflect some 
characterlogical or personality issues," said Dr. Prichard.

Davis could either receive life in prison without parole, or the death penalty.

The jury is still discussing the fate of Davis. The judge however will make the 
final decision.

(source: WJHG news)

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

Case of death row inmate in Atlantic Beach father and son's murders returns to 
Supreme Court



It's been a decade since Thomas Bevel was convicted and sentenced to death for 
the murders of a 13-year-old Atlantic Beach boy and his father. But next month 
the Jacksonville man???s case will return to the Florida Supreme Court with a 
debate on whether his original lawyers did an incompetent job defending him.

Bevel, 33, is arguing that he deserves a new sentencing phase because his 
original lawyers didn't start preparing for the death-penalty phase of his 
trial less than 2 weeks before his murder trial began. His current attorneys 
also argue that his trial lawyers were unaware of the American Bar Association 
guidelines for defending someone facing the death penalty.

The nonprofit Florida Capital Resource Center, which assists indigent criminal 
defendants facing the death penalty, and the Death Penalty Clinic at Florida 
International University have filed a supporting brief in the case arguing that 
Bevel's death sentence should be thrown out.

Bevel was convicted in 2005 of 2 counts of 1st-degree murder and 1 count of 
attempted murder in the 2004 shooting deaths of Phillip Sims, a 13-year-old 
Mayport Middle School student, and Sims' father, Garrick Stringfield. He also 
was convicted of wounding a woman who was visiting Stringfield and then "played 
dead" after Bevel shot her.

Bevel roomed with Stringfield on Colchester Road, and Sims was visiting for the 
weekend. The jury that convicted him recommended Bevel get the death sentence 
by an 8-4 vote for the murder of Stringfield and unanimously recommended death 
for the murder of Sims.

In court documents, attorney Rick Sichta, who now represents Bevel, argues that 
Richard Selinger, Bevel's attorney during his death-penalty phase, had never 
seen the American Bar Association's 2003 guidelines for what is reasonable 
during death-penalty cases. The appeal also argues that Selinger didn't hire a 
mitigation specialist or investigator to help with the trial and didn't begin 
his mitigation work until 12 days before Bevel's trial began, rather than 
months in advance.

As a result, Selinger was not aware of numerous mitigation evidence that could 
have been introduced at trial. That includes the possibility that Bevel suffers 
from brain damage, had been sexually abused and done illegal drugs at a young 
age, and lived in one of the worst parts of Jacksonville where drug dealers 
often targeted young children and made them sell drugs.

"In spending less than 20 hours total investigating Bevel's mitigation, and 
starting the mitigation investigation at the '11th hour,' trial counsel proved 
ineffective assistance of counsel under the prevailing professional norms at 
the time," Sichta said in court filings. Therefore, the jury was unable to 
factor Bevel's difficult upbringing into their deliberations before 
recommending death, Sichta said.

PROSECUTORS: IT DIDN'T MATTER

The office of Attorney General Pam Bondi, which is representing the state on 
appeal, argues that Bevel's trial lawyers were not incompetent and that Bevel's 
actions in killing Stringfield and Sims would have led to the death penalty no 
matter what his lawyers did.

"Bevel murdered 2 people and attempted to murder a 3rd," Assistant Attorney 
General Patrick Delaney said in court filings. "One of the victims, Sims, was a 
13-year-old boy who was playing video games. Bevel's stated reason for killing 
Sims was witness elimination."

Prosecutors also argue that lawyers with the Jacksonville-area Public 
Defender's Office who represented Bevel originally already had done mitigation 
work before they had to withdraw from the case. Selinger used that mitigation 
work, Delaney said.

This argument was made previously to the trial judge, L. Page Haddock, who 
refused to set aside the conviction. In doing so, Haddock referred to 
mitigation specialists as a "burgeoning cottage industry of former paralegals 
or social workers who are ardent death-penalty opponents who declare themselves 
to be 'mitigation experts' and demand exorbitant fees from the judicial system 
for doing work that any competent paralegal or investigator could do for 1/3 of 
the cost."

Haddock also said lawyers were not bound by the American Bar Association 
guidelines and didn't have to follow them.

Stephen Harper, a clinical professor at the Death Penalty Clinic and a law 
professor at Florida International University, said the clinic chose to get 
involved in Bevel's appeal because of Haddock's ruling.

"We thought it was necessary to inform the court that mitigation specialists 
are essential to death-penalty cases," Harper said, adding that he didn't 
appreciate Haddock saying the American Bar Association guidelines didn't matter 
when they're a valuable guide to helping lawyers navigate capital cases.

Supreme Court justices will hear oral arguments in the case June 4.

(source: Florida Times-Union)








ALABAMA:

Vernon man indicted for death of ex-wife whose body was never found



A Vernon man has been indicted for capital murder in the death of his ex-wife, 
whose body was never found after her disappearance was reported in February, 
the Lamar County district attorney announced Friday afternoon.

Brandon Dewayne Sykes, 33, was indicted Wednesday during a special called 
session of a Lamar County grand jury, said Chris McCool, district attorney for 
the 24th Judicial Circuit that includes Fayette, Lamar, and Pickens counties.

Sykes faces a 2-count indictment - capital murder during the course of a 
burglary, and capital murder during the course of a kidnapping. The victim in 
the case is Sykes' ex-wife, Keshia Nicole Sykes, McCool stated in a press 
release. She disappeared Feb. 19, 2015, and so far her body has not been 
recovered, he stated.

The kidnapping charge relates to the abduction of the couple's child, McCool 
stated in an email. "The child is okay. She was left at the defendant's 
sister's house and is now in the custody of the victim's parents," he stated.

Sykes, who was arrested May 5, is being held without bond in the Pickens County 
Jail. If convicted of capital murder, Sykes faces the death penalty or life 
without parole, McCool stated.

McCool stated the arrest was the result of a joint investigation by the Vernon 
Police Department, other local law enforcement agencies, the Alabama Law 
Enforcement Agency (ALEA) and State Bureau of Investigation, and the FBI.

"Investigator Marty Gottwald of the Vernon Police Department, Special Agent 
Andy Jones of the SBI, and Special Agent Jamey Bozeman of the SBI, as well as 
other law enforcement officers, worked diligently and cooperated to gather the 
evidence upon which the indictment is based," McCool stated. "My former Chief 
Investigator, Keith 'Booty' Cox, and Investigator Ronald Stough of the Fayette 
Police Department, assisted in processing the crime scene." Cox now serves as 
the Circuit Clerk for Pickens County, Alabama.

"We asked for help from the FBI in processing some of the evidence, and Special 
Agent Trey Bradford, among others, was instrumental in getting their crime 
scene team down to process some of the evidence."

(source: al.com)

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

Death penalty costs and the impact of potential budget cuts



Funding problems for the state could make already expensive capital murder 
trials, even more expensive; if budget cuts go through and staff is reduced in 
district attorney's offices.

"The resources and the time, the funds, that these cases consume is 
significant," said Morgan County District Attorney Scott Anderson at a news 
conference Wednesday.

Alabama currently has 191 inmates on death row.

But a looming budget crisis could put a damper on an already expensive death 
penalty system.

A 2009 report from the Death Penalty Information Center says states may pay up 
to 1 million more per inmate than for a non-death penalty trial.

And Alabama sentence more people to death per capita in the country, according 
to deathpenaltyinfo.org.

And there could be a potential problem coming down the pipeline.

The state is facing a budget shortfall of several hundred million dollars, and 
cuts to the court system could increase caseload and increase the time it takes 
to prosecute a case to the end.

In Morgan County, those cuts could have a deeper impact, as they're prosecuting 
four suspects for 2 capital murder counts each.

The district attorney spoke about the potential cuts, and the potential 
problems those cuts could bring earlier this week.

"I hope that the budget situation and the funding of the Morgan County District 
Attorney's Office does not have an impact on our ability to seek justice in 
this case," says Anderson.

Governor Bentley just signed a bill called "The Prison Reform Act" into law 
this week.

It's expected to reduce the prison population by 16 %, using community-based 
supervision programs and adjusting prison space for the most violent offenders.

(source: WAAY TV news)








OHIO:

Man seeks new trial----Sent to death row for 2002 Eureka Street killings



A man sent to Ohio's death row after a jury convicted him of killing 2 girls 
execution style and wounding 6 others was back in Allen County on Friday asking 
for a new trial following a federal appellate court ruling.

Jeronique Cunningham, 42, wants Judge David Cheney, who was not the judge at 
his 2002 trial, to grant his request for a new trial based on the allegation of 
1 juror tainting the entire jury.

Cheney scheduled a hearing for Aug. 5 to consider the matter.

Allen County Prosecutor Juergen Waldick, who tried the case against both men, 
said this is an attempt by Cunningham's attorney to try to avoid execution. He 
said the evidence, with the surviving witnesses identifying both men shooting, 
was overwhelming.

The case is back in Allen County after the 6th Circuit Court of Appeals ruled 1 
juror, who allegedly knew the families of the victim, pressured other jurors 
into a decision. The ruling requires a lower court to consider the matter.

Cunningham and his half brother, Cleveland Jackson, were convicted and sent to 
death row for the 2002 killings of Jala Grant, 3, and Leneshia Williams, 17. 
The men arrived at an apartment on Eureka Street to rob a man. During the 
robbery, they lined 8 people in up the kitchen and shot 6 of the 8 in the head.

Other appellate courts have upheld Cunningham's death penalty conviction. The 
6th Circuit is the last court that has to hear the appeal. After that, the U.S. 
Supreme Court can turn down the case without hearing it. A clemency request 
with the governor is the last step before execution.

Jackson, has exhausted his appeals. His final chance at avoiding execution is 
with clemency, which a hearing has not been scheduled. Jackson has a July 20, 
2016, execution date.

(soure: limaohio.com)








MISSOURI:

Murder victim's dad hopes man suspected of shooting his teenage son gets death 
penalty



Richard Johnson said on Thursday he was on a routine run to a neighborhood 
QuikTrip in North Kansas City, listening to the radio when he suddenly heard a 
breaking news report.

"Man, I couldn't believe it. It first said Sandra Kay Sutton, the woman held in 
the wooden box was found dead, and, then it said her son was also found dead in 
Clinton, Missouri. So many things went through my mind. I had non-stop 
migraines all night after hearing that. I was shocked," said Johnson, who 
immediately called Clinton Police.

Police believe James Horn Jr., a man charged with kidnapping Sandra Sutton and 
confining her to a box, is responsible for killing the 47-year-old woman and 
17-year-old Zachary Sutton. Zachary is Johnson's son.

"Yep they confirmed it for me, telling me that was my son and his mother. I did 
a lot of crying yesterday morning and last night. I'm still in shock," Johnson 
told FOX 4's Robert Townsend during an interview Friday.

Richard said he hadn't seen or talked to Zachary in about 5 years. He said he 
and Zachary's maternal grandparents had joint custody of the boy. He said his 
son dreamed of joining the Army after graduating from Clinton High School.

"He was energetic, shy, a little hyper; just a regular, good kid," said the 
grieving and angry father, who now wants justice for Zachary and his mother.

"This man sat down, planned and executed this. There's no doubt in my mind that 
he did this, and so yes, he deserves death row. I want the death penalty if 
he's alive, definitely," exclaimed Johnson.

The search for Horn is ongoing. He's considered armed and dangerous, and if you 
see him you can call 911, Crimestoppers at (660) 827-TIPS, or the Clinton 
Police Department at (660) 885-2679.

(source: fox4kc.com)