[Deathpenalty] death penalty news----VA., GA., OKLA., IDAHO, USA

[Rick Halperin]

Nov. 19


VIRGINIA:

Open-Government Advocates Wary Of Virginia Supreme Court Decison


Members of the Virginia Supreme Court ruled in September on a case about 
availability of documents and information about the death penalty. Advocates 
for open government fear that ruling will have broad consequences that reach 
far beyond the death penalty.

A Virginia Supreme Court decision that preserves secrecy around death penalty 
policies is prompting new concerns about open government that go far beyond 
what happens in the state's death chamber. The debate took center stage this 
week as members of the Virginia Freedom of Information Council met to chart a 
legislative strategy for the upcoming General Assembly session.

At issue is a September ruling in a lawsuit filed by Scott Surovell (D-44), a 
member of the Virginia House of Delegates. He filed a Freedom of Information 
Act request for policies, procedures, training manuals and details of 
executions. That request was denied, and the appeals process carried the issue 
to the state Supreme Court, which ruled against Surovell.

"If anyone is to blame for a broad interpretation of the Supreme Court opinion, 
it is the plaintiffs in this particular case." - Brian Moran, state secretary 
of Public Safety and Homeland Security

The justices issued a broad ruling in Department of Corrections v. Scott 
Surovell that allows state agencies to withhold entire documents instead of 
redacting parts of them. It also says courts must give "substantial weight" to 
determinations made by government agencies about which documents they want to 
keep secret and which ones they want to reveal.

Did Surovell pick the right avenue for his fight? To some observers, it's an 
open question.

"It is surprising, frankly, that the plaintiffs in this case would choose the 
death chamber to challenge FOIA law," says Brian Moran, secretary of Public 
Safety and Homeland Security in Virginia. "And so if anyone is to blame for a 
broad interpretation of the Supreme Court opinion, it is the plaintiffs in this 
particular case."

Surovell, who was recently elected to the state Senate for 2016, disagrees.

"Actually I think the death penalty is the perfect place to start out with 
transparency," he says."The only place where I know that people are executed in 
secret under a shroud of secrecy in closed rooms are in places like North 
Korea, the Soviet Union or in China. That's just not how we do business in this 
country."

Virginia legal expert Rich Kelsey says the state Supreme Court decision is 
consistent with a body of federal and state law that gives government agencies 
discretion. Nevertheless, he says, the decision should indeed raise concerns 
for open-government advocates.

"This type of decision will have a chilling effect. Will it be dramatic? We 
don't know," he says. "But it will certainly result in fewer documents rather 
than more documents being released."

The Virginia Freedom of Information Advisory Council - a state-run agency that 
helps resolve FOIA disputes - hopes to have legislation ready for the upcoming 
session, which starts in January.

Council members directed their staff to draft a bill reversing the court ruling 
allowing agencies to conceal entire documents that contain sensitive 
information. Instead, they would have to release them, even if portions are 
redacted.

Surovell says he also wants to reverse what he considers a dangerous precedent 
- that courts must give special consideration to a state agency's determination 
about what information it wants to keep secret.

"That's really scary," said Surovell. "To me, that's like saying you have to 
trust the fox that's guarding the henhouse. That's nonsense."

(source: WAMU news)

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

Incoming, outgoing Jesse Matthew prosecutors prepare for transition


The Albemarle County prosecutor who secured murder indictments against Jesse 
Matthew in the deaths of two Virginia college students has detailed the cases 
to the former federal prosecutor who beat her on Election Day.

Denise Lunsford tells WTOP she and Robert Tracci, who staged a bitter battle 
during Lunsford's bid for re-election, have sat down to discuss the specifics 
of the commonwealth's cases against Matthew in the deaths of University of 
Virginia student Hannah Graham and Virginia Tech student Morgan Harrington.

"Law enforcement officers and I have met with Mr. Tracci regarding the Matthew 
case," Lunsford said in an email. "He was briefed on many particulars of the 
circumstances of the offense and investigation, however the matter is quite 
involved and he will have a great deal of work to do to become familiar with 
everything."

Tracci will take office Jan. 1, 2016.

Matthew is charged with capital murder in the 2014 death of Graham, and 1st 
degree murder in the 2009 death of Harrington. He could face the death penalty 
in the Graham case, which is scheduled to begin July 5, 2016. The Harrington 
case is scheduled to start Oct. 24, 2016.

Lunsford, who was a defense attorney for 17 years before being elected to the 
role of commonwealth's attorney in 2008, had been critical of Tracci's lack of 
experience in trying state crimes, including murder.

>From 2008 to 2012, Tracci served as a federal prosecutor in Charlottesville, in 
cases involving crimes against children, computer crimes, corruption and murder 
for hire. He has acknowledged he hasn't been lead prosecutor in any felony 
cases.

Tracci has said he will attach the same level of priority to the Matthew case 
as he does others, and will ensure justice is done on behalf of the community.

His spokesperson has declined several requests to make Tracci available for an 
interview on the Matthew case, which is one of the most high-profile matters in 
the Charlottesville area???s history.

Tracci has not indicated whether he personally plans to prosecute the Matthew 
cases, or will assign the trials to subordinates.

Most legal experts talked to by WTOP, including those who have tried or 
defended murder cases, don't expect the transition of prosecutorial power to 
substantially affect Matthew's trial or punishment.

Typically, in cases where prosecutors change after a case has been charged, 
prosecutors and their assistants, as well as police agencies involved, sit down 
and discuss the timeline, as well as potential witnesses, as well as forensic 
evidence that has been gathered.

Tracci, like Lunsford and all prosecutors in office, will be limited in what he 
can discuss about ongoing cases.

In the months after Matthew's indictments, Lunsford has said she would seek the 
death penalty, if Matthew goes on trial for the Graham murder, but she was open 
to the possibility of plea agreement.

According to Internet searches, it does not appear Tracci has discussed whether 
he would be open to a plea, or whether he intends to seek the death penalty.

(source: WTOP news)






GEORGIA----impending execution

Georgia Supreme Court denies stay for condemned killer Marcus Ray 
Johnson----Johnson is scheduled to be executed at 7 p.m. today


The Supreme Court of Georgia has denied a stay of execution for Marcus Ray 
Johnson, who is scheduled to be put to death at 7 p.m. by lethal injection at 
the Georgia Diagnostic and Classification Prison in Jackson. The decision was 
unanimous.

Johnson, 50, was sentenced to death in Dougherty County for the 1994 murder of 
Angela Sizemore, whom he met in an Albany bar hours before her death.

In addition to denying Johnson's motion for a stay of execution, the state 
Supreme Court today denied his request to appeal a ruling made Wednesday by the 
Butts County Superior Court. The Superior Court both denied his motion for a 
stay and dismissed his claims, including his claim that new evidence shows the 
eyewitness testimony was unreliable and the State failed to disprove that 
someone else could have committed the crime.

Johnson's attorney, Brian Kammer, fin response to the lower court denials, 
Kammer filed with the Georgia Supreme Court an application for Certificate of 
Probable Cause to Appeal, challenging the constitutionality of Johnson's 
convictions and sentence of death.

In a preface to the application, Kammer placed in quotes: "It would be an 
atrocious violation of our Constitution and the Principles upon which it is 
based to execute an innocent person."

Johnson was convicted and sentenced to death for the murder of Angela Sizemore 
near a west Albany bar named Fundamentals in the early hours of March 24, 1994. 
The bar owner and its security officer, who both knew Johnson, testified they 
had earlier seen Johnson and Sizemore kissing and behaving amorously.

Evidence at trial indicated that Johnson and Sizemore left Fundamentals 
together and authorities say they were seen walking toward 16th Avenue. Around 
8 a.m. on March 24, 1994, a man walking his dog found Sizemore's white Suburban 
parked behind an apartment complex in East Albany, her body lying across the 
front passenger seat. Later reports showed she'd been cut and stabbed 41 times 
with a small, dull knife.

Kammer has maintained Johnson's innocence, stating that no incriminating DNA or 
fingerprints were found in Sizemore's SUV, that there was only a "drop" of 
Sizemore's blood found on Johnson's leather jacket, and none was found on the 
alleged murder weapon. Johnson has admitted having consensual sex with 
Sizemore, then punching her in the nose and drawing blood because she later 
insisted on "snuggling."

Johnson told police that the last time he saw the victim she was sitting in a 
field and crying.

Deputy Attorney General Beth Burton wrote on Tuesday in response to a filing by 
Johnson's attorney that the condemned Johnson "has been repeatedly given 
avenues and opportunities to attempt to present evidence to support his claim 
(of innocence). He has repeatedly failed. The miscarriage of justice in this 
case would be if the victim's 26-year-old daughter, who was 5 at the time of 
her mother's murder, is not allowed closure in this case."

According to the Tribune News Service, Johnson, 50, requested a 6-pack of beer 
with his last meal on Wednesday, but was denied the alcohol by prison 
officials. With beer out of the question, Johnson settled for the same dinner 
other death row inmates will have.

If the execution is carried out, Johnson will be the 4th person put to death 
this year in Georgia.

(source: Albany Herald)

*********

Marcus Ray Johnson Set to be Executed in Georgia


The state of Georgia is scheduled to execute Marcus Ray Johnson this evening. 
Johnson was convicted of a 1994 rape and murder and sentenced to death. He has 
maintained his innocence since his conviction in 1994.

Johnson's attorney asked the Georgia Board of Pardons and Paroles to commute 
Johnson's death sentence or delay his execution for 90 days to allow for 
additional DNA testing that could exonerate his client. The board denied the 
request last night, clearing the way for his execution.

"The U.S. capital punishment system is costly and broken, and the death penalty 
itself is cruel and inhuman" said Steven W. Hawkins, executive director of 
Amnesty International USA. "It risks taking the lives of the wrongly convicted 
and wastes resources without deterring crime. It's time to end the death 
penalty once and for all."

Amnesty International USA opposes the death penalty in all cases without 
exception as the ultimate cruel, inhuman and degrading punishment. As of today, 
140 countries have abolished the death penalty in law or practice. The U.S. was 
one of only nine countries in the world that carried out executions each year 
between 2009 and 2013.

(source: Amnesty International USA)






OKLAHOMA:

More Oklahomans Oppose Death Penalty If Given Alternative


An exclusive News 9/News On 6 poll shows more Oklahomans support the abolition 
of the death penalty, but on the condition that an alternative is offered.

In the poll, we asked Oklahomans if they would support or oppose the abolition 
of the death penalty in Oklahoma, if those typically given the death penalty 
were given life without any possibility of parole and ordered to pay mandatory 
restitution to the victims' families for the rest of their life.

According to the poll, 52 % said they support the abolition of death penalty, 
while 34 % said they oppose it. And 14 % said they have no opinion on this 
issue.

"A lot of people are in support of the death penalty right now, because they 
were never given an alternative," said Bill Shapard, founder of SoonerPoll.com. 
"Right now the death penalty is really the only alternative to those who have 
committed some of the worst crimes in our society. But yet, now we are given an 
alternative, people are open to that."

(source: 9news.com)






IDAHO:

Idaho's death row now down to 9, after Stuart's sentence reduced to life


Idaho's death row is down to 9 offenders, 1 woman and 8 men, now that Gene 
Francis Stuart has had his sentence reduced to life in prison without the 
possibility of parole. Stuart pleaded guilty to murder by torture in the 1981 
beating death of 3-year-old Robert Miller, the son of Stuart's then girlfriend, 
and was sentenced to death, but after appeals, was granted a new sentencing 
hearing in 2013. The Lewiston Tribune reports he's now agreed to a plea bargain 
in which he will never be released from prison and he gives up all rights to 
appeal.

Those remaining on Idaho's death row are Azad Abdullah, sentenced to death in 
2004 for the murder by arson of his wife, Angie; David Card, sentenced to death 
in 1989 for the shooting deaths of 2 people in Canyon County; Thomas Creech, 
sentenced to death in 1983 for the beating death of another inmate while 
serving a life sentence for 2 other murders; Timothy Dunlap, sentenced to death 
in 1992 for killing a woman during a bank robbery in Caribou County; Zane 
Fields, sentenced to death in 1991 for a murder by stabbing in Ada County; 
James Hairston, sentenced to death in 1996 for shooting 2 people to death in 
Bannock County; Erick Hall, sentenced to death in 2004 for raping and murdering 
2 women in Ada County; Gerald Pizzuto, sentenced to death in 1986 for beating 2 
people to death in Idaho County; and Robin Row, sentenced to death in 1993 for 
the murders by arson of her husband, son and daughter in Ada County.

Idaho has carried out 3 executions since the state's death penalty was 
reinstated in 1977: Keith Wells in 1994, who waived his appeals and asked that 
his execution be carried out; Paul Ezra Rhoades in 2011; and Richard Leavitt in 
2012.

2 former Idaho death row inmates were released: Charles Fain was exonerated and 
released in 2001, after serving 18 years; and Donald Paradis moved off death 
row in 1996 after his sentence was commuted amid questions about his original 
conviction; he was released in 2001 after pleading guilty to being an accessory 
to murder.

Idaho's death row inmates are kept in their cells 23 hours a day. They have the 
option of being in an outside recreation area for 1 hour a day. The only other 
time they are out of their 12-foot by seven-foot cells is when they are 
escorted to the shower, meeting with an attorney or being given medical care

(source: Spokesman-Review)






USA:

Salinas men charged in gang-related slayings


2 Salinas men who could face the death penalty for a dozen gang-related 
slayings were arraigned in federal court Wednesday. A 3rd defendant is charged 
with conspiracy and bank robbery.

Victor Skates, 26, Antonio Cruz, 28, and Anthony Lek, 28, entered not-guilty 
pleas at the arraignment. Skates, Cruz and several others are also charged with 
numerous attempted murders and bank robberies.

The crimes were committed in 2009-2011 in Salinas, Watsonville, San Jose and 
Santa Maria. The 73-count indictment was unsealed Monday. 6 other defendants 
are awaiting arraignment, which prosecutors said will likely take place in 
December.

Federal prosecutor Stephen Meyer said, "This is an important case for Salinas. 
It is our hope that this has an impact" on the violence. He said the Northern 
District U.S. Attorney's Office has not yet decided if prosecutors will pursue 
the death penalty, but the indictments indicate several defendants are eligible 
for capital punishment.

8 of the 9 defendants are alleged Salinas-based Norteno gang members. The ninth 
defendant is an alleged associate of the gang. Prosecutors seek to prove this 
is a racketeer-influenced and corrupt organization, or RICO, case in which 
crimes were committed for the purpose of "gaining entrance to, maintaining or 
increasing personal position in the Salinas Nortenos enterprise."

Salinas Police Chief Kelly McMillin said, "I was glad to see that the case was 
taken as a conspiracy case, because that's clearly what this was. It's 
important to spotlight the violence in Salinas."

All 12 slayings took place in Salinas. The bank robberies the defendants are 
accused of occurred at a Bank of America and Golden 1 Credit Union in Salinas; 
Bank of the West in San Jose; Wells Fargo Bank, Rabobank and Bay Federal Credit 
Union in Watsonville; and Chase Bank in Santa Maria. They are also accused of 
robbing a Zales jewelry store in Gilroy.

The 64-page indictment was part of Operation Daybreak, a 4-year-long 
investigation by the Salinas Police Department with the help of the FBI. The 
operation was named for the time of day that many of the murders occurred, 
police said. According to McMillin, "One of the hallmarks of this series of 
murders was that several occurred in the early morning before school started, 
and some of the victims were high school students."

The indictment alleges that Salinas resident Skates and other Norteno gang 
members "hunted for rival gang members and other enemies, and shot and killed 
them and others suspected of being rival gang members."

Prosecutor Meyer said Skates participated in nine of the homicides. Skates 
alone is charged with killing 15-year-old Alisal High School student Jose 
Daniel Cisneros as the boy entered campus the morning of Oct. 1, 2010. 
Witnesses reported seeing an assailant walk past them before he shot Cisneros 
multiple times in the torso.

The boy died later at a trauma center.

Skates, along with Daniel Chavez, 33, is charged with the November 2012 murder 
of Jose Vasquez, 32, who was sitting in a wheelchair at the time he was shot. 
Most of the defendants were already in custody for other crimes at the time 
that the indictment was issued. Defendants Chavez, Skates, Eduardo Lebron, 36, 
Eder Torres, 29, Julian Ruiz, 26, Antonio Cruz, 28, Terrell Golden, 24, and 
Anthony Lek, 28, are currently detained in various state prisons and local 
jails with no option of bail.

Chavez, Skates, Golden, Cruz, Torres and Lebron face the possibility of the 
federal death penalty. The maximum sentence for the other defendants is life 
imprisonment.

The next appearance is set for Feb. 3 in the San Jose courtroom of federal 
Judge Lucy Koh.

(source: Santa Cruz Sentinel)