[Deathpenalty] death penalty news----PENN., MISS., OHIO, ILL.

[Rick Halperin]

Nov. 1



PENNSYLVANIA:

DA challenged over suspect's medical records


An Allegheny County Common Pleas judge will not bar the prosecution of a man 
accused of killing 2 sisters in East Liberty in 2014.

But Judge Edward J. Borkowski has not yet decided whether he will prohibit the 
district attorney's office from using records the defense contends were 
obtained improperly regarding defendant Allen Wade's medical and mental health 
history.

Wade, 44, is charged with 2 counts of criminal homicide in the deaths of Sarah 
and Susan Wolfe, whose bodies were found in their Chislett Street home on Feb. 
7, 2014.

Defense attorney Lisa Phillips told Judge Borkowski at a hearing Friday that 
the prosecution should have obtained search warrants for the records in 
question - which require a showing of probable cause be made to a judge - 
instead of just issuing a subpoena to the agencies that hold the records.

"I'm suggesting we now have an issue of prosecutorial misconduct and a pattern 
of behavior," Ms. Phillips said.

She told the court the DA's office took a similar tack in another death penalty 
case - against Dorian Peebles - but the issue was rendered moot when the 
prosecution took capital punishment off the table against him.

"The commonwealth was on notice that issuing these subpoenas could be a 
problem," Ms. Phillips said.

In a motion filed this month, Ms. Phillips said the district attorney's office 
improperly obtained her client's records last fall, and then sought a court 
order from the judge only afterward to "legitimize" their request. In 
September, Judge Borkowski issued an order denying the prosecution's motion.

"Why didn't someone tell me you already had these things?" the judge asked.

"We never litigated these matters," said assistant district attorney Bill 
Petulla.

In his reply motion to the court, Mr. Petulla said that the gathering of 
records is part of the prosecution's duty to prove the aggravating factors to 
support seeking the death penalty against Wade. Further, he noted that all of 
the records were turned over to the defense as required by the rules of 
discovery.

Defense attorney Lisa Middleman suggested that, because the prosecution has 
already obtained the records and seen the information in question, that the 
district attorney's office should no longer be permitted to try the case.

"I think that would be an appropriate remedy given this [office] had access to 
privileged, private information they are not entitled to," she said.

Judge Borkowski said he had to decide the underlying question before deciding 
on a remedy.

Also at Friday's hearing, Judge Borkowski granted the defense request for a 
postponement. Wade's trial had been scheduled to start jury selection next 
week. The delay, the judge said, is so that the defense can have more time to 
challenge the prosecution's DNA evidence that it claims links Wade to the 
crime.

Judge Borkowski chided both sides in the case for not moving more efficiently.

"The matter has not been given the proper attention by either side," the judge 
said.

(source: Pittsburgh Post-Gazette)






MISSISSIPPI:

The Jeff Havard Death Penalty Case Attracts International Support With Letter 
Campaign


The Jeff Havard case in Mississippi is attracting more international attention. 
Havard has seen support coming from a growing list of countries in recent 
years, including (but not limited to) Australia, Canada, Italy, New Zealand, 
and the UK. He can now add France to the list. French anti-death penalty 
advocate, Louis Richard, has taken great interest in Havard's case and is 
leading a call to action.

Havard has served nearly 13 years on death row in Mississippi for the sexual 
assault and murder of his girlfriend's 6-month-old daughter, Chloe Britt. 
Havard has strongly proclaimed his innocence from the time of his arrest, and 
his supporters will tell you that he was wrongfully convicted for a crime that 
never happened.

Havard has stated from the beginning that the infant slipped from his arms 
while lifting her from the tub, causing her head to hit the bowl of the nearby 
toilet. The infant's death was an accident, not the heinous crime the State 
claims it to be.

Richard reviewed the evidence of the case, concluding that Havard is innocent. 
He has now set out to deliver a message of support through social media, 
encouraging people to write letters on Havard's behalf. Supporters in the US 
are thrilled to see Richard's efforts and are hoping his involvement will 
encourage more people worldwide to speak out in support of Havard's innocence.

Havard's supporters believe that anyone who reads the facts of his case will 
conclude that he should be granted a new trial. They are confident that new 
expert evidence has clearly established that a sexual assault never occurred 
and that the injuries to the infant resembled that of a short fall.

Multiple experts have now reviewed Havard's case and their findings all support 
Havard. In fact, there are now five experts that refute the prosecution's case. 
Dr. Stephen Hayne, the State's only expert to testify at trial, has gone on 
record declaring that the State got it wrong. There are currently no experts 
who support the State's theory of the accused crime.

The defense learned in January of 2014, 12 years after the conviction, that 
Hayne had looked at tissue sections under a microscope and found definitively 
that there was no evidence of sexual assault. In a case where suspicion of 
sexual assault only arose when ER doctors and nurses noticed what they believed 
to be physical evidence of sexual abuse. Hayne's microscopic findings were 
clearly exculpatory, and would have positively shown that the doctors and 
nurses had simply misinterpreted what they saw.

Hayne has now stated that he told the State before trial that he saw no sign of 
a sexual assault. The state withheld this evidence from the defense and also 
failed to tell the doctors and nurses who testified.

The State of Mississippi chose to ignore their expert's findings, and pushed 
forward to prosecute Jeff Havard for murder during the course of a sexual 
assault. As a result, an innocent man now sits on death row for a crime that 
never took place. Chloe Britt's death was tragic, but it was not a murder.

In April of this year, the Mississippi Supreme Court finally granted Havard 
permission to request an evidentiary hearing based on new evidence. This is 
good news for Havard and his supporters, and may very well be the reason why 
the case is now catching the attention of advocates like Louis Richard.

Here is the letter campaign being promoted by Louis Richard on Facebook:

(Here is a sample letter that you can use as is or modify to your liking):

Office of the MS Attorney General

ATTN: Hon. Jim Hood

P.O. Box 220

Jackson, MS 39205

USA

Subject: Grant a new trial for Mr. Jeffrey Havard

Attorney General Hood,

I am writing to you regarding a statement your office made on your behalf to 
CNN on February 20, 2012:

"Our office has the singular responsibility to not only ensure that the guilty 
are punished but that the innocent are set free."

If that is the case, here is my question to you: what happened with Jeffrey 
Havard?

Mr. Jeffrey Havard, as you know, has been on your Death Row since 2002, 
however, there are significant problems with his conviction.

Mainly;

--State and Federal laws regarding cases that involve the type of accusations 
leveled at Mr. Havard, mandate that all evidence is to be reviewed by experts 
qualified in child sexual abuse. This was not done.

--The State tried Mr. Havard without ever attempting to establish sexual 
assault with expert testimony on forensics.

--The standard of proof for sexual assault, according to the law, was never 
met.

--The prosecution tried this case, never establishing "to a degree of medical 
certainty" that a sexual assault had occurred.

--Dr.Steven Hayne had informed the District Attorney's Office, prior to trial, 
that there was not enough evidence to conclude a diagnosis of sexual battery.

--The autopsy, which was never introduced into evidence, states that the 
child's body "was unremarkable" and makes no reference to sexual assault 
whatsoever.

--Despite the law requiring the standard of proof, prosecutors put Mr. Havard's 
life in jeopardy based only on unqualified and faulty observations, since the 
charge was predicated on injuries that did not exist.

--Based on the above, this shows that no scientific methodology (differential 
diagnosis) was ever performed, since the so-called injuries did not exist.

--Dr. Haynes testimony only rose to the level of possibility which did not meet 
the standard of proof in court, which is a "degree of medical certainty."

--Emergency room staff (State's witnesses) claims to have seen rips, tears and 
bleeding in the anal area. Steven Hayne observed nothing of the sort in his 
autopsy report, and photographic evidence indicates no such thing.

--Still, the ER staff gave this testimony in court and it was never challenged 
or objected to by the defense. Their "invalid testimony" was/is the State's 
"case in chief."

--This further underscores that none of the witnesses were qualified. 
"Observations" are not tests or forensic reviews.

--Mr. Havard's trial attorneys did no independent investigation of any kind, 
which the law requires in a capital murder case. Attorney Sermos admitted in 
open court that he did not understand the autopsy and had no medical knowledge.

--The Court wrongfully denied Mr. Havard's request for his own medical expert. 
Instead, the Court recommended that his attorneys contact the State's expert 
(Hayne).

--Mr. Havard's attorneys did not contact Dr.Dr. Hayne or anyone else with the 
medical expertise they admittedly lacked. --The State and the Court improperly 
placed the burden of proof on Mr. Havard to explain the anal dilation (the ONLY 
binding factor in the case).

--A study at Duke University estimated that death penalty cases take 3 to 5 
times longer than a typical murder trial 
(http://fds.duke.edu/db/attachment/301).

--Jury selection for this capital murder case took one day (12/17/02), and the 
prosecution presented their case in one day (12/18/02), leading the trial judge 
to remark: "the case has been moving along quite satisfactorily."

--Mr. Havard's trial took just 48 hours from jury selection to sentencing.

There are other factors, too numerous to mention, however, I would like to 
bring a few other things to your attention;

This is a direct quote from the prosecution (Mr.Rosenblatt)to the jury during 
closing arguments: "This case I cannot possibly understand. Please don't try to 
understand this case."

Additionally, Mr. Havard was told at the police station that Chloe Britt died 
due to a vicious sexual assault. Mr. Havard couldn't explain it because it 
never occurred. He did not know that she had died from a closed head injury 
until he saw it on the arrest warrant, at which time he immediately asked for 
Detective Manley, telling him that Chloe had accidentally fallen.

Mr. Havard used bad judgment by not telling Chloe's mother Rebecca Britt 
immediately upon her return from the store that Chloe had accidentally fallen, 
and he was wrong to think he knew how to care for the infant after her fall. 
The situation was new to Mr. Havard as the child and her mother had only been 
living with him for 3 weeks.

Mr. Havard's bad judgment in a time of crisis does not equate to murder and 
sexual assault. Being guilty of bad judgment does not make Mr. Havard death 
penalty eligible. It merely makes him human, capable of making an honest 
mistake.

Mr. Havard waived his right to an attorney and fully cooperated with the 
investigation.

Mr. Havard requested a polygraph but was refused.

Mr. Havard refused a plea agreement and based his decision not to testify in 
his own behalf on his attorney's advice that the taped interrogation spoke for 
itself, although they had told him that he would be permitted to testify until 
just prior to trial.

Mr. Havard refused the plea he was offered because, being innocent, he believed 
in the sanctity of the Judicial System in this country. He believed that truth 
and justice would prevail.

This case MUST be reviewed by your office since your job is to "ensure the 
innocent be set free."

The State of Mississippi has done Chloe Britt's family and Jeffrey Havard a 
grave injustice.

For all those reasons, I respectfully ask you to grant Mr. Jeffrey Havard a new 
trial.

I look forward to your response.

Sincerely,

(Name and Address)

(source: groundreport.com)






OHIO:

mmediate future of Ohio's death penalty remains in doubt


Almost a year ago, in the waning days of the last general assembly, state 
lawmakers moved a package of law changes aimed at ensuring Ohio could continue 
to administer the death penalty to inmates receiving capital sentences for 
their heinous crimes.

HB 663 called for the names of compounding pharmacies to be shielded from 
public view, allowing those businesses to mix and provide the lethal injections 
used in executions without fear of being targeted by death penalty opponents.

State prison officials earlier adopted protocols allowing the use of such 
compounded drugs, but they couldn't find any compounding pharmacies willing to 
provide the product.

Pharmacies had to request anonymity in advance, and their names would be 
released to the public after a couple of decades.

In January, a little more than a month after the legislature passed HB 663, 
Gov. John Kasich postponed all 2015 executions to give the state time to find 
sources for the lethal injection drugs.

10 months later, there still are no lethal injection supplies to be found.

And in recent days, Kasich postponed a dozen executions, most scheduled for 
next year.

"Circumstances exist justifying the grant of a temporary reprieve," the 
governor wrote in documents filed with the court.

The Department of Rehabilitation and Correction specified further that it 
"continues to seek all legal means to obtain the drugs necessary to carry out 
court ordered executions, but over the past few years it has become exceedingly 
difficult to secure those drugs because of severe supply and distribution 
restrictions. The new dates are designed to provide DRC additional time 
necessary to secure the required execution drugs."

Death Row inmates now facing 2017 executions include Ronald Phillips, convicted 
in the rape and murder of a 3-year-old Akron girl more than 20 years ago. He 
was supposed to be executed 2 years ago, but the governor postponed his initial 
date while he determined whether it was feasible to donate one of his kidneys 
to a sick family member.

In total, 11 inmates now have executions scheduled in 2017, plus 8 more in 2018 
and a half a dozen in 2019.

Next year's schedule includes 2 executions in March, 2 in May and 2 in July, 
marking the 1st time in recent history that multiple inmates could be put to 
death in Ohio in the same month.

That same bill that shielded compounding pharmacy names from public view 
included the formation of a legislative study committee to consider Ohio's 
death penalty policies.

Senate President Keith Faber (R-Celina) didn't take issue with the governor's 
decision to postpone executions. But he suggested to reporters that it may be 
time to consider alternative execution methods.

"The death penalty, if we're going to conduct it in Ohio, needs to be done 
fairly, needs to be done safely, it needs to be done in a way that is 
transparent," he said. "From that perspective, if we can't get the drugs that 
our protocol calls for, either we need to change our protocols or we need to 
think about other solutions. There are a lot of people out there talking about 
other solutions. I've heard everything from using heroin to using nitrogen to 
going back to the electric chair. That's a debate that probably we need to 
have."

(source: Tallmadge Express)






ILLINOIS:

Case of long-ago killer instructive for potential Illinois dealth-penalty 
debate


Girvies Davis didn't look so menacing in court. But, I wondered, how did he 
appear to Esther Sepmeyer as he and accomplice Richard Holman looted her house 
outside Maryville and shot the 83-year-old woman in the head while, officials 
believe, she knelt on her bed in prayer?

In a long parade of defendants through courts I covered, Davis was special to 
me in a scary way.

I had been reporting on a string of violent robberies across the Metro East. 
One July night in 1979, experiencing what turned out to be harmless heart 
palpitations, I went to be checked at Anderson Hospital. And I was stunned to 
learn the next day that the duo the cops called the ".22 caliber killers" had 
been visiting Sepmeyer just across the highway from the hospital at the same 
time.

The spree ended the next month, when an auto parts store employee was killed in 
a holdup in East St. Louis and his wounded co-worker put a shot into the back 
of a fleeing Davis. Behind bars, Holman and Davis started confessing other 
crimes - ostensibly more than they really committed. But officials did link 
Davis to 10 robberies, with 9 people dead and 7 wounded.

As I watched, a Madison County jury found Davis guilty of murder and ruled him 
eligible for execution. A judge condemned him to death. (Holman, spared by his 
youth, got life in prison.)

Davis eventually was executed, in 1995, at 37, but for a different killing. 
Davis had been convicted in St. Clair County of the 1978 shooting of Charles 
Biebel, 89, as he sat in his wheelchair in his mobile home near what was then 
called Belleville Area College.

This would be ancient news now except that Davis is a good touchstone when talk 
about the death penalty comes along. And it's coming along again in Illinois, 
where a couple of legislators - including Metro East's own state Sen. William 
R. Haine, D-Alton - have proposed bringing it back, at least in especially 
egregious cases.

It's a stark contrast to Missouri, which has executed 6 murderers just this 
year. Illinois hasn't executed anyone since 2000; the General Assembly removed 
the option altogether in 2011.

Davis represents the whole debate wrapped up in one guy: He was a 
brain-damaged, low-IQ black killer of white victims convicted by all or 
predominantly white juries. Elderly people were slain in their own homes just 
to eliminate the witnesses. (It was "easier" than wearing a mask, Davis once 
told an investigator.)

He was convicted of 4 murders; prosecutions were stopped as pointless after 2 
death sentences.

In prison, Davis turned to religion, became a preacher, and convinced 
supporters that he either was not a cold-blooded killer or had turned his life 
around. Some questioned whether his confessions were false, perhaps coerced by 
police. A strong movement developed to try to save his life, and to mourn when 
it failed.

Many people said that if anyone ever deserved execution, it was Davis. Cops 
told me they felt certain that if given a chance, he would kill again. But some 
others saw him as an example of redemption. At least a few even suggested there 
had been wrongful convictions and that he was completely innocent, 
notwithstanding his being shot escaping a murder scene.

With all of that in mind, I return to a question I've asked before to try to 
clarify the death penalty in my mind. Tell me why we use it. Give me a reason 
to test against the facts. A reason to balance against the historically uneven 
imposition of death sentences and the very real risk of executing someone 
innocent. (It was a series of close calls that drove Illinois Gov. George Ryan, 
never exactly a softy, to declare a moratorium on them 15 years ago.)

Deterrence? The specter of execution didn't stop Davis. Or killers in Missouri, 
which has a busy death chamber yet has seen its murder total rise in 2 of the 
past 3 years. Illinois has seen murders drop in each of the 3 full years since 
its death penalty was abolished.

Cost? Experts say incarceration is significantly cheaper than a decade of 
appeals that come with a capital case.

Revenge? Should killing ever make anyone feel better? I admit that I was happy 
at the time to see Davis go. And I wrote as much. But I don't really know the 
reason why I felt that. And looking back, it seems like I should.

(source: Pat Gauen, St. Louis Today)