[Deathpenalty] death penalty news----TEXAS, OKLA., COLO.

[Rick Halperin]

Oct. 2



TEXAS:

Texas, top state for executions, may go a year without a death penalty 
conviction


Texas may end 2015 without imposing a sentence of capital punishment, a 
milestone that parallels declining public support for capital punishment in a 
state that had been sending the most prisoners to the death chamber.

So far this year, the state's courts have sentenced no defendant to execution. 
Even if all 3 capital cases still on the docket end with the death penalty, 
this would be Texas' lowest number for any year since the U.S. Supreme Court 
reinstated capital punishment in 1976, according to public defenders.

The last time the state imposed no death sentences was 1974, when a national 
moratorium was in effect. Since then, Texas has led the United States in the 
number of convicts put to death at 528, or about 37 percent of the national 
total.

The state's Republican leaders have said the death penalty is an appropriate 
way to punish offenders whose crimes have caused enormous pain for the families 
of murder victims, and surveys show that the majority of Texans still support 
this punishment.

"Folks support the death penalty for the same reason they support all sanctions 
- justice," said Dudley Sharp, a death penalty advocate from Houston.

But in Texas and the rest of the United States, executions and death penalty 
convictions have been dropping for years.

Even so, the high cost of prosecuting capital cases, with years of appeals, has 
caused cash-strapped prosecutors to proceed with caution in seeking the death 
penalty. Legislation that makes life in prison without the possibility of 
parole an alternative has also influenced sentencing decisions.

"You let people know about the option of life in prison without parole, and 
death sentences drop," said Robert Dunham, executive director of the Death 
Penalty Information Center. While the group opposes the death penalty, both 
sides on the debate use its data.

Across the United States, new death sentences hit a 40-year-low in 2014, and 
the 35 executions were the fewest in 20 years, it said.

Texas has allowed for life in prison as a sentencing option since 2005. 
Previously, capital murder convicts were eligible for parole after 40 years.

"It really boils down to public safety," said Kathryn Kase, executive director 
of the Texas Defender Service, which specializes in defending those facing 
capital punishment. "If you can lock somebody up for life and know that they 
are not going to get parole, why wouldn't you do that?"

LEVEL PLAYING FIELD

Under former Governor Rick Perry and with the support of the state's 
Republican-controlled legislature, Texas enacted a series of reforms designed 
to level the playing field in the courtroom. The state increased support for 
public defenders for murder defendants and provided greater oversight of 
prosecutors.

This piece of legislation and other laws came after years of complaints from 
capital punishment opponents, who said some of court-appointed defense lawyers 
were incompetent, drunk or indifferent, or that a few prosecutors hid evidence 
that could vindicate the accused.

The state was also prompted to move by the 2011 exoneration of Michael Morton, 
who spent a quarter-century in prison after being wrongfully convicted of 
killing his wife.

>From 2005, when life without parole became a sentencing option, through last 
year, Texas averaged 10.5 new death penalty sentences. That is down from 48 in 
1999, according to the Texas Coalition to Abolish the Death Penalty.

The death row population has dropped to its current size of 253 inmates from 
460 in 1999, the group said.

Meanwhile, the number of inmates serving sentences of life without parole 
nearly tripled to 96 last year from 34 in 2007.

Surveys show that public support for the death penalty among Texans has 
declined even in traditional bastions.

In Harris County, which produced the most death sentences in the nation, 
support has dropped from 75 % in 1993 to 56 % in 2015, according to surveys 
conducted by Rice University's Kinder Institute for Urban Research.

Kase, of the Texas Defender Service, said life without parole was both cheaper 
and more palatable to juries.

"If you make a mistake, we can undo it," she said. "You can't do that with the 
death penalty."

(source: Reuters)






OKLAHOMA:

Richard Glossip Updates: Pope Francis Seeks Commutation of Death Sentence


Aaron Cooper, spokesman for Attorney General Scott Pruitt, said the Corrections 
Department "advised the attorney general's office that it did not have the 
specific drugs identified in the execution protocol".

An Oklahoma Department of Corrections spokesman told Daily Mail Online Glossip 
ate his pre-ordered last meal in his cell less than 24 hours before his 
sentence was planned to be carried out.

"That's just insane", Glossip said when told of the drug mix-up Wednesday.

"Having them all strung out in this 2-week period demonstrates the many flaws 
in the death penalty", said James Clark, senior campaigner on the death penalty 
at Amnesty worldwide USA.

The states that have scheduled the recent or upcoming executions - Georgia, 
Oklahoma, Virginia, Texas and Missouri - are the country's most active 
practitioners of the death penalty. His execution is scheduled for October. 6. 
The renovation also happened to diminish the transparency of the process: the 
state eliminated from its viewing area seven seats previously available for 
media witnesses, reducing the total number of journalists' slots from 12 to 5, 
while also removing the clock from the execution chamber.

"Last-minute questions were raised today about Oklahoma's execution protocol 
and the chemicals used for lethal injection".

According to the National Institutes of Health, potassium acetate and potassium 
chloride both can be used in medical settings to treat low levels of potassium, 
which helps regulate heart rhythms, blood pressure and kidney function. He 
walked away from reporters at the Oklahoma State Penitentiary without answering 
questions.

Richard Glossip was slated to die at 3 PM Wednesday.

Fallin reset Glossip's execution for November. 6, saying it would give the 
state enough time to determine whether potassium acetate is a suitable 
substitute, or to find a supply of potassium chloride.

Glossip has maintained his innocence in the 1997 beating death of an Oklahoma 
City motel owner.

There are 4 more inmates scheduled for execution nationwide in the next week.

If you've been following the story of Richard Glossip, you know it's been an 
emotional rollercoaster.

Pope Francis had urged her to halt the execution.

Oklahoma found itself in the midst of a firestorm past year over a botched 
execution that sparked a national and worldwide outcry. Kiesel says there is no 
justification for Glossip's execution other than "the politics of convenience".

At the 11th hour, Oklahoma Governor Mary Fallin stayed the execution of Richard 
Glossip yesterday so that the state can review its procedures in the 
administration of the lethal injection cocktail to be used. Though it was 
proven Glossip did not physically murder Van Treese, the victim's family 
believes he was involved due to an attempt to cover up a $10,000 embezzlement.

The court stated that the evidence did not present a new argument for the death 
row inmate's innocence. It rejected an appeal from Glossip's lawyers without 
explanation.

Oklahoma's protocols call for the use of midazolam at the start of an 
execution.

British billionaire Richard Branson took out a full-page ad in The Oklahoman 
newspaper on Wednesday that argued Glossip is innocent. In his statement to 
officers, he said he had been trying to get Brianna to stop crying, grabbed her 
by the ankles and pushed her legs toward her head until she flipped over.

Just an hour later however Fallin reversed the call again. That man, Justin 
Sneed, is serving a life sentence.

Glossip was originally scheduled for execution on September 16.

Only Alabama, Arizona, Florida, Louisiana, Oklahoma and Virginia consider 
midazolam an option for executions. The U.S. Supreme Court took the case, but 
ruled in favor of the state and cleared the way for Oklahoma to use midazolam. 
Indeed, even allowing for the pope's archaic stance on abortion and same-sex 
marriage, after hearing Francis talk and reading his remarks there can be 
little doubt that he and the court's 3 extremists reside at opposite ends of 
the moral universe.

The letter from Archbishop Carlo Maria Vigano is dated September 19, but was 
released Wednesday by the governor's office.

To the United States last week throughout the pontiff's visit, he encouraged 
Congress to abolish the death penalty.

The late cancellation of Glossip's execution marked the 3rd time this year that 
Oklahoma meant to carry out Glossip's death sentence but had to cancel their 
plans.

"I don't think we should be pointing fingers right now because we don't have 
details about who did what", she said at a Capitol news conference in Oklahoma 
City that focused on another topic.

(source: iusbpreface.com)

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

Richard Branson and Bono celebrate postponement of Richard Glossip execution 
after lethal injection mix-up


Sir Richard Branson and U2 singer Bono celebrated the postponement of the 
execution of Richard Glossip, the Billionaire entrepreneur has revealed.

Speaking in Dublin, Sir Richard said: "We were particularly celebrating last 
night, a guy called Richard was about to be executed in America - we're all 
absolutely convinced he's innocent - and he got a 40 day reprieve.

"We've been campaigning with the government to try and get him reprieved.

"So it gives 40 more days to try and make sure an innocent man doesn't get 
executed."

Glossip, 52, was in a holding cell waiting to be led to the death chamber when 
the execution was dramatically halted amid concerns over the lethal injection 
drug.

The mix-up emerged when the state received potassium acetate for the lethal 
injection instead of the court-approved potassium chloride.

Justin Sneed murdered Barry Van Treese after apparently being ordered to kill 
him by Richard Glossip Murderer: Justin Sneed has been jailed for life after 
pleading guilty to murdering Barry Van Treese

Glossip has been twice convicted for the 1997 killing of Barry Van Treese, 
owner of an Oklahoma City motel that Glossip was managing.

The man who actually carried out the killing, Justin Sneed, says Glossip paid 
him to do it.

Sneed escaped a death sentence in return for his testimony but Glossip insists 
he was framed and is innocent.

His case has led celebrities including actor Susan Sarandon and businessman 
Richard Branson to call on Oklahoma to stop the death penalty.

Sir Richard took out a full-page ad in an Oklahoma newspaper before the planned 
execution on Wednesday accusing the state of putting to death a man whose guilt 
has not been proven beyond reasonable doubt.

Barry Van Treese who was murdered by Justin Sneed after apparently being 
ordered to kill him by Richard Glossip Victim: Mr Van Treese was murdered by 
Justin Sneed after apparently being ordered to kill him by Glossip

The tycoon said he was also celebrating U2's birthday while in Ireland.

"We actually celebrated the fact that U2 formed 39 years ago last night.

"So we had a few drinks with Bono. He's a good friend and we've done some good 
things over the years."

After Glossip's execution was delayed yesterday, his death was initially 
rescheduled for November 6 following an order by Oklahoma Governor Mary Fallon.

But last night, the execution was instead postponed indefinitely.

When the news broke, Glossip's daughter, Erika, said: "Everybody was hugging 
and screaming and crying. We always tell him on the last phone call that we'll 
talk to him tomorrow - and it keeps being that way.

"I can't wait to talk to him to fight another day."

Oklahoma revised its death chamber protocols after a flawed execution last year 
when medical staff failed to properly place an IV line in convicted murderer 
Clayton Lockett, who was seen twisting in pain on the death chamber gurney.

He died about 45 minutes after the procedure began because of an accumulation 
of lethal injection chemicals that had built up in his tissue.

(source: The Mirror)






COLORADO:

Theater Shooting Trial; Aurora theater shooting juror breaks silence, says 3 
voted for life----Juror says she still feels fear and anguish over the Aurora 
theater shooting trial


She still cries when she thinks about the 12 people she never met. At night she 
imagines the horrors she only heard about.

The life she led before this summer still feels out of reach, and she fears 
that others will find out who she is and what she did for 16 weeks.

A woman who served on the Aurora theater shooting trial says the gunman did not 
deserve a life sentence, but he also didn't deserve to die.

Now, after more than seven weeks of silence, she has decided to speak out 
because she says the narrative that the public's been told - that a single 
juror spared the gunman's life - is wrong.

Three jurors were convinced James Holmes should not receive death, according to 
the juror, who has not previously discussed the decision publicly and who spoke 
to The Denver Post on condition that she not be identified by her name or juror 
number. She was among the 3.

In a lengthy interview this week, the juror provided the most detailed look at 
what went on in the deliberation room for one of the highest profile trials in 
state history.

"There were three," she said. "Not one."

The juror still believes in the death penalty, but she is adamant that death 
was not an appropriate sentence for Holmes. She said she decided to end her 
silence because she could no longer bear to watch the weight of public scrutiny 
- what she described as a "witch hunt" - fall solely on the shoulders of her 
fellow juror.

"I don't think any one of us three would ever tell you that he deserved life or 
that we felt life was appropriate. It's just that the other option wasn't an 
option," she said. "It was one or the other. You didn't get anything in the 
middle."

More than 3 years after 12 people were killed and another 70 were injured at 
the Century Aurora 16 theater, the jury of nine women and 3 men filed into the 
jury box for the final time on Aug. 7. For the 1st time during the 65-day 
trial, the group of 12 was unable to reach a unanimous decision.

The disagreement marked the end of the trial and ultimately resulted in a life 
sentence for Holmes. But, for some, the trial's outcome left a troubling 
question:

How could 12 people unanimously find a man sane enough to be guilty of the 
horrendous crimes, but not find him deserving of death?

An answer emerged in the back corner of the courthouse parking lot.

Juror 17, the sole juror to speak to the media immediately after the trial, 
said 9 jurors favored a death sentence, 1 woman was firmly opposed and 2 were 
uncertain but were willing to continue deliberating.

Arapahoe County District Attorney George Brauchler has said he wouldn't 
second-guess his decision to pursue the death penalty because of one juror's 
position that led to the life sentence.

This week, he said all of the deliberating jurors he's spoken with have 
indicated that Juror 17's account was accurate. He conceded that he hadn't met 
with all of them.

The juror who spoke to The Post said she has not spoken to prosecutors or 
defense attorneys.

In the interview at an empty diner in eastern Arapahoe County, the juror eyed 
the wait staff. She politely asked to move to a table in the corner of the 
room, out of earshot of others.

It was the 1st of 2 relocations she would make in the restaurant.

The toll of the trial is evident. At times she fights back tears. Afraid 
someone will recognize what she's talking about, she stops in the middle of 
words when a server checks on her meal.

Still, her timid tone turns authoritative as she describes how she, another 
woman and a man firmly opposed a death sentence in the case. She cringes at the 
word "holdout."

"It may not be the answer you'd like to get, but it was the correct answer to 
get," she said. "It may not be the answer you'd like to give, but it was the 
correct answer to give."

The confusion, she said, may have been in the numbers.

During the final round of deliberations, each juror used a one to 10 scale to 
describe how certain they felt in their position - not whether they were 
leaning toward life or death. Each time she was asked, her number inched closer 
toward 10.

First 8.5. Then 9. The next was 9.9.

Eventally the question was posed to the group: Is anyone adamantly in favor of 
a life sentence?

A woman raised her hand. Had that juror hesitated five seconds, the other juror 
said she would have raised her hand first.

Some jurors were surprised that the woman who raised her hand, who reported 9s 
and 10s, was in favor of a life sentence and not death, the juror said. A final 
poll tallied the votes.

9 for death. 3 for life.

Earlier, the panel was unanimous in rejecting Holmes' plea of not guilty by 
reason of insanity. For the juror, it was all the little things he did to hide 
his plan. His decision to change clothes in his car instead of wearing his body 
armor into the theater. The forethought to use his cell phone as a ruse to step 
out the back door.

"He knew that nobody else around him would have thought that what he wanted to 
do was appropriate," she said. "He knew right from wrong."

While the juror does not feel Holmes deserved a life sentence, his severe 
mental illness also ruled out death, she said.

"It's the fact that mental illness is there," she said. "How deep into the 
delusion the individual was, is impossible to tell."

The juror said deliberations were always cordial. The group took pride in not 
rushing anyone and examining key points "with a microscope," she said.

Everyone strived to keep an open mind.

"I wanted to be the kind of juror I would want if it was me," she said. "That 
was the whole idea. If I was going to be there, I wanted to be sure that I 
would want me as a juror."

Still, sitting in a box full of people was isolating and lonely.

The jurors listened to dozens of stories from survivors, and they looked at 
videos and photos of the victims inside the theater. They heard the heartache 
of parents, siblings, children and others who lost their loved ones.

She was often overwhelmed by the pain survivors live with every day, and 
frustrated that she couldn't discuss details of the trial. She distanced 
herself from friends and family.

"It's lonely," she said. "You don't have anybody else there to understand."

Even some family members continue to struggle to understand her position.

Walking to her seat in the jury box for the final time, the juror felt "like a 
car was parked" on her chest. She couldn't look at the victims' families as the 
judge announced the decision.

"You can't say sorry enough to them," she said through tears welling up in her 
eyes. "I know that it was the appropriate answer."

(source: Denver Post)