[Deathpenalty] death penalty news----FLA., LA., MO., CALIF.
Rick Halperin
rhalperi at smu.edu
Tue Sep 1 23:42:15 CDT 2015
Sept. 1
FLORIDA----new death sentence
Jurors recommend death penalty for Bessman Okafor
A jury has reached a decision on whether a 30-year-old man already serving life
in prison should be sentenced to death.
On Tuesday afternoon, the jury said it recommends the death penalty for Bessman
Okafor. A judge will take the recommendation under advisement and ultimately
rule on Okafor's sentence.
A sentencing date will be set for some time in the next couple of weeks.
Bessman Okafor was convicted last week in the September 2012 killing of Alex
Zaldivar, 19. Zaldivar was set to testify against Okafor in a home invasion
trial.
"Bessman Okafor decided that Alex Zaldivar should die by the hand of man, that
he would not be allowed to live past the age of 19, that he would not be
allowed to grow old and die of natural causes, that he would die by the hand of
man," said State Attorney Jeff Ashton. "And ladies and gentlemen, based on the
aggravated circumstances in this case, Mr. Okafor deserves the same thing, to
die by the hand of man."
But the defense said witness Brienna Campos' own description proves it was not
the man in the house who drug her out of her room and fired shots.
"The fact remains that Brienna Campos said that the person who brought her out
of the room and she think fired the shots was tall and lanky and had different
hair than Bessman Okafor. She told you that herself, and there was no other
evidence to contradict that statement. None," said defense attorney Francis
Iennaco.
The defense also explained how Okafor was physically and sexually abused and
that experts testified he had a learning behavior that resulted in anxiety,
aggression and poor impulses.
(source: WESH news)
LOUISIANA:
Louisiana Supreme Court upholds Shreveport killer's conviction, death sentence
The Louisiana Supreme Court today upheld the conviction and death sentence of a
Shreveport man who killed his pregnant, former girlfriend and dumped her body
in a pond.
LaMondre Tucker appealed the Caddo Parish jury verdict on a number of issues,
ranging from claims the death qualification process did not represent a fair
cross-section of the community to prosecutorial misconduct to allegations the
presence of the Confederate flag flying at that time outside the courthouse
influenced anti-death penalty views of blacks removed from potential jury
service.
A Caddo Parish jury in 2011 convicted Tucker of the 2008 kidnapping and murder
of Tavia Sills, 18. Her decomposing body was found in a north Shreveport pond 3
days after she was reported missing by her mother.
Evidence at trial showed Tucker, who days before learned of Sills' pregnancy,
shot Sills twice, and he planned or attempted to set her on fire. He shot her a
3rd time to ensure her death then with the help of an accomplice used a large
branch to push her body out into the pond in an attempt to hide the evidence.
An autopsy concluded Sills was 19 weeks pregnant at the time; however, Tucker
was not the father.
Tucker has been fighting his conviction and sentence. He filed a motion to
reconsider the sentence, contending his immaturity - he was 5 months past his
18th birthday when convicted - and diminished capacity made him ineligible for
the death penalty.
He also filed a motion for a new trial, alleging Sills' mother had forgiven
him, denying he was the shooter and offering evidence rebutting the state's
negative depiction of him in the penalty phase. When the motions were denied by
the trial court Tucker appealed directly to the state's high court.
(source: KTBS news)
MISSOURI----execution
Missouri executes man for 15-year-old girl's 1989 killing
A man who spent nearly 25 years on Missouri's death row was executed Tuesday
for the kidnapping, rape and stabbing death of a 15-year-old girl. Roderick
Nunley, 50, became the 6th death row inmate to be put to death in Missouri this
year. During the execution, his breathing became labored for a few seconds. He
briefly opened his mouth before becoming still.
He was pronounced dead at 9:09 p.m. CDT.
"Despite openly admitting his guilt to the court, it has taken 25 years to get
him to the execution chamber," Missouri Attorney General Chris Koster said in a
statement. "Nunley's case offers a textbook example showing why society is so
frustrated with a system that has become too cumbersome."
Ann Harrison's disappearance and death haunted the Kansas City area in March
1989. She was waiting for a school bus on her driveway, 20 yards from her front
door, when Nunley and Michael Taylor drove by in a stolen car and made the
spur-of-the-moment decision to abduct her.
Her body was found in the trunk of the abandoned car 3 days later.
Both men were sentenced to death in 1991. Taylor was executed last year.
Of 20 executions nationally in 2015, all but four have been in Missouri and
Texas. Missouri Gov. Jay Nixon on Tuesday denied a clemency request for Nunley,
filed by death penalty opponents, asserting that racial bias played a role in
the case because a prosecutor refused a plea deal that would have given Nunley
life in prison without parole.
Nunley was black, as was Taylor, while the victim was white.
The U.S. Supreme Court, meanwhile, denied several appeals from Nunley's
attorney, including one claiming that the death penalty amounts to cruel and
unusual punishment.
Retired Kansas City detective Pete Edlund said the only thing cruel and unusual
was how long Nunley and Taylor remained on death row.
"They just take forever to do the deed," Edlund told The Associated Press. "The
delay in executing these 2 is just nuts because it didn't have anything to do
with their guilt. It was legal mumbo jumbo nonsense."
According to prosecutors, Nunley and Taylor binged on cocaine and stole a car
in the pre-dawn hours of March 22, 1989. At one point, a police officer from
neighboring Lee's Summit chased the car but was called off by a supervisor when
the stolen car crossed into Kansas City.
Later that morning, the men were driving around Kansas City when they saw Ann,
her school books and flute on the ground beside her.
"They were just cruising and she's out at the driveway waiting for the school
bus," Edlund said.
The girl's mother had stepped inside to get a younger daughter ready for
school. When she heard the bus, she looked outside. The books and flute were
still there, but Ann was gone.
"She knew something was wrong," Edlund said.
Taylor and Nunley had grabbed the girl and taken her to Nunley's mother's home.
She was raped and sodomized, then stabbed repeatedly in the stomach and neck.
Taylor and Nunley put the girl's body in the trunk of the stolen car, then
abandoned it in a residential area. The body was found 3 days later.
Edlund said the case was cracked months later when a man in jail for robbery -
and seeking a $10,000 reward in the case - turned in Taylor and Nunley. Both
men confessed, and some of Ann's hair was found in carpeting at the home where
the crime occurred.
Edlund said Ann's father was a former reserve officer with the Police
Department, and her uncle was a Kansas City officer.
"To all of us, she was part of our police family," Edlund said. "That made it
even more important that we solve the case."
Nunlley becomes the 6th condemned inmate to be put to death this year in
Missouri and the 86th overall since the state resumed capital punishment in
1989; only Texas (528), Oklahoma (112), Virginia (110), and Florida (90) have
executed more individuals since the death penalty was re-legalized in the USA
on July 2, 1976.
Nunley becomes the 20th condemned inmate to be put to death this year in the
USA and the 1414th overall since the nation resumed executions on january 17,
1977.
(sources: Associated Press & Rick Halperin)
*************
Death row inmate convicted in 1989 rape and murder of 15-year-old KC girl
executed after Gov. Nixon denies clemency petition
A man who has been on death row for the kidnapping, rape and murder of high
school freshman 26 years ago, was finally put to death about 3 hours after he
was originally scheduled to be executed Tuesday evening.
Roderick Nunley, 50, was originally scheduled to be executed around 6 o'clock
on Tuesday for the 1989 murder a 15-year-old Ann Harrison. His execution was
put on hold though, after his attorneys filed a "petition for writ of habeas
corpus," with the United States Supreme Court around 5:30 on Tuesday. The
petition claimed Nunley's right to council may have been violated because of an
"incurable conflict of interest" involving the attorney who has been
representing Nunley.
According to a news release from Missouri Governor's Office sent out just
before 8 p.m Tuesday, Gov. Jay Nixon released a statement regarding his
decision to deny the petition for clemency made on behalf of Nunley:
"I have received from my counsel a final briefing on the petition for clemency
from Roderick Nunley, which has been reviewed in detail. After deliberate
consideration of its merits and the facts of this case, I have denied this
petition. As Governor, this is a power and a process I do not take lightly.
Each instance involves a very specific set of facts, which must be considered
on its own.
On the morning of March 22, 1989, 15-year-old Ann Harrison was waiting for the
school bus at the end of the driveway of her Raytown home when she was
abducted, raped, and then stabbed to death by Roderick Nunley and Michael
Taylor. The capital punishment sentence given to Taylor for his role in these
brutal crimes was carried out last year. Nunley also pleaded guilty to these
heinous crimes and was sentenced to death. My decision today upholds this
appropriate sentence.
I ask that Missourians remember Ann Harrison at this time and keep her parents,
Bob and Janel Harrison, and the Harrison family in your thoughts and prayers."
Also around 8 p.m. the Missouri Attorney General's Office said Judge Samuel
Alito issued an order dening Nunley's application for a stay of execution, as
well as the petition for writ of habeas corpus.
Nunley's co-defendant Michael Taylor was executed last year. The men were found
guilty of kidnapping Harrison while she waited for her school bus at 67th and
Booth on Kansas City's east side in 1989. Taylor and Nunley later raped and
killed her.
Pete Edlund, a retired Kansas City Missouri police detective, says his squad
cracked the case and he says Nunley's execution is long overdue.
"It was a horrific murder on top of raping and sodomizing her. They took their
time and struggled with trying to kill her and the whole time she was begging
for her life," said Edlund.
Edlund says the delay in justice for Ann Harrison was mainly legal wrangling
and if it were up to him, both would've been executed shortly after they were
sentenced to death more than two decades ago.
"They ended up sticking a 7 inch serrated knife through her neck and then
twisting it on top of slicing and stabbing her in the stomach it was ugly,"
said Edlund.
Edlund says Taylor and Nunley took away everything Harrison would have become.
"He needs to meet his maker because he doesn't deserve to suck the same air
that you and I do," said Edlund.
(source: fox4kc.com)
CALIFORNIA:
CA Death Penalty Delays Traumatize Families of Victims - Advocacy Group
On Monday, The Los Angeles Times reported that a US appeals court focused on
procedural issues that could put at risk a previous district court ruling that
declared California's system of capital punishment was unconstitutional because
of "decades-long delays."
"Long delays in their [state of California's] system and recurring appeals add
to the already enormous tab and give nothing but uncertainty to murder victims'
families who are retraumatized with every appeal and news story," Hyden said on
Tuesday.
California has spent more than $4 billion on their capital punishment system,
Hyden added, and have executed 13 individuals while releasing three from death
row who were wrongly convicted.
"I think it's appropriate for the courts to review California's death penalty
system," Hyden said. "It is marred by mistakes, inefficiency, and long delays."
Witness to Innocence Executive Director Magdaleno Rose-Avila claims that
California's 9th Circuit Court of Appeals will listen to all arguments in the
recent ruling against the death penalty and will judge fairly.
US District Court Judge Cormac Carney ruled last year that California's death
penalty law is unconstitutional. Carney argued that the system was plagued by
delays and uncertainty violating the US constitution's ban on cruel and unusual
punishment.
Conservatives Concerned about the Death Penalty is a network of political and
social conservatives who question the alignment of capital punishment with
conservative values, according to the group's website.
(source: sputniknews.com)
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