[Deathpenalty] death penalty news----NEB., S.DAK., ARIZ., USA

[Rick Halperin]

Sept. 13



NEBRASKA:

In meeting with death penalty foes, Gov. Ricketts revealed the loss that shook 
his family


She was a young transplant from Iowa, trying to raise 2 children in an 
unfamiliar community in southern Missouri.

Then, she was gone.

Authorities have long suspected she was slain, but after 27 years they have not 
made an arrest. Eventually her name slipped into the cold case files, forgotten 
by all but a few investigators and the people who loved her.

One of those people would become the top elected official in Nebraska.

As Gov. Pete Ricketts made the death penalty a defining issue during his 1st 
year in office, every argument came down to his belief that capital punishment 
represents a just sanction for the most heinous killers, and that it's a 
necessary tool for prosecutors. He never revealed in speeches or press 
interviews that his own first cousin had been slain. But he did discuss the 
matter in a meeting with death penalty opponents.

His cousin's name was Ronna Anne Bremer. Her mother is the sister of the 
governor's mother, Marlene Volkmer Ricketts.

Bremer had graduated from high school in the western Iowa community of Essex. 
By late 1988 she was 22 years old and married with 2 children, ages 3 and 1. 
She also was 7 months pregnant.

She and her family had recently moved from Iowa to Ozark, Missouri, a town of 
fewer than 15,000 people just south of Springfield. They lived in a trailer on 
the north edge of town.

3 days before Christmas 1988, she disappeared.

Law enforcement authorities initially had little to go on, so they worked it as 
a missing-person case. But they were deeply suspicious, said Lt. George Knowles 
with the Missouri Highway Patrol. Investigators developed nothing that would 
explain why she would suddenly leave without word.

"The fact that she left a couple of kids behind, and it was a few days before 
Christmas, that was very unusual," Knowles said.

The investigation eventually stalled and she was officially declared dead by a 
judge in January 1997.

In 2001, sheriff's investigators got a major break in the case, according to a 
report by the Christian County Headliner News, the paper that covers Ozark.

Working off a tip, authorities obtained a search warrant for a human skull that 
was in the possession of a forensic anthropologist in Colorado. Using dental 
records, an examiner back in Missouri confirmed the skull was Bremer's.

In 1991, 3 years after Bremer disappeared, the skull had been anonymously 
mailed to the Sheriff's Office in Greene County, which adjoins Christian 
County. The sheriff, in turn, sent the skull to Colorado State University, to a 
forensic facial reconstructionist who produced a clay sculpture of the victim's 
facial features.

The clay face was broadcast nationwide but failed to produce any solid leads. 
It did not resemble Bremer.

In 2002, authorities said they were unsure if the skull had been compared with 
dental records of known missing people when it was mailed to the Sheriff's 
Office. The press accounts also didn???t indicate why the skull had remained in 
Colorado for a decade.

"We have suspects in the case, and we believe it is a murder," Christian County 
Sheriff Joey Matlock told the paper in 2002. "It's a priority with us to run 
with this one."

Still, no one was arrested.

About the same time the skeletal remains were being identified, Joel Bremer, 
the husband of the slain woman, began serving a 7-year prison term. He had 
pleaded guilty in mid-2001 to two counts of felony sexual abuse.

He did not return a message seeking comment last week.

He had filed for divorce in 1989, the year after his wife disappeared, 
according to the Springfield News-Leader. The divorce was granted in May 1990.

The paper reported that the two Bremer children were being raised by their 
maternal grandmother - Ricketts' aunt.

Mary Ann Waller - Bremer's mother, who now lives in Omaha - declined a request 
to be interviewed for this story.

When reached last week by phone, Deputy Ralph Phillips, chief investigator for 
the Christian County Sheriff's Office, said he could not answer questions about 
the Bremer case.

"It's an ongoing investigation, and it's our policy not to disclose information 
on open cases," he said. "I can't disclose anything whatsoever."

Lt. Knowles, with the Highway Patrol, said his agency assists the Sheriff's 
Office in the investigation. He said it's the patrol's policy to review all 
open homicide cases on a quarterly basis.

"The only way to further an investigation when an investigation becomes 
stagnant is with new information," Knowles said, urging anyone with potential 
tips to call the Sheriff's Office at 417-581-2332.

Missouri is among the states that have the death penalty, but it's unknown 
whether a prosecutor would seek a death sentence in the Bremer case.

Ricketts declined a request for an interview on the topic. However, his 
spokesman issued a statement Friday:

"The Ricketts family continues to grieve Ronna's tragic death, and pray that 
the person who took her life will be brought to justice."

The revelation that his cousin had been killed was made by the governor during 
one of the many behind-the-scenes death penalty debates at the State Capitol.

He had agreed to meet with several death penalty opponents in his office on 
April 7, even though he strongly disagreed with their position. They tried to 
talk him into supporting repeal legislation that was coming up for 1st-round 
debate in about a week.

Among those who met with the governor was Elle Hansen, a volunteer activist 
from Lincoln who lobbied hard for repeal. This despite, she said, having lost a 
niece and two close friends to murder.

The money spent on death penalty appeals, she added, could instead help those 
coping with tragedy and loss.

Then, Hansen said, she told the governor that if more could be spent on crime 
prevention, maybe he would never have to experience the pain of losing a loved 
one to murder.

Ricketts stopped her there.

He said his cousin had been murdered.

No minds were changed that day. The governor vetoed the repeal bill, and the 
Nebraska Legislature overrode his veto.

Hansen said she does not discount the governor's experience. But she argued 
that Ricketts should have disclosed the Missouri incident. Hansen said she 
believes his family's experience influenced his views on the death penalty.

In the wake of the repeal, the 1st-term governor has made it a priority to give 
voters the chance to preserve the death penalty at the ballot box. Ricketts, a 
former executive with TD Ameritrade, donated $200,000 to a pro-death penalty 
petition drive. His father, Joe Ricketts, gave $100,000.

Last month, petition organizers turned in 166,692 signatures. Enough had been 
verified by Friday to put the matter on the ballot - voters will decide the 
fate of Nebraska's death penalty on Nov. 8, 2016 - but counting continues to 
determine whether the higher threshold has been met to suspend the repeal of 
the death penalty until the vote occurs.

(source: Omaha World-Herald)






SOUTH DAKOTA:

Prosecutor mulling death penalty in Lead stabbing death


The Lawrence County State's Attorney is still deciding whether to seek the 
death penalty against a Lead man charged in the August stabbing death of a 
27-year-old woman.

Prosecutors charged James Lewis Rogers Jr. with 1st-degree murder in the death 
of Caitlin Kelly Walsh. He pleaded not guilty on Sept. 1 and is being held 
without bond in the Lawrence County jail.

"We're still reviewing all of the facts in this case," State's Attorney John 
Fitzgerald told the Rapid City Journal (http://bit.ly/1ijjwFC ).

Fitzgerald declined to say whether a potential plea deal was being discussed 
with Rogers and Ellery Grey, his court-appointed Rapid City defense attorney.

Lead police arrested Rogers on Aug. 17 after discovering Walsh's body in his 
apartment. Prosecutors allege Rogers stabbed Walsh multiple times and then kept 
her dead body in his apartment for 5 days.

Authorities have not disclosed the nature of the relationship between Rogers 
and Walsh.

If convicted, Rogers faces either the death penalty or life in prison without 
parole. No lesser sentence may be given, according to Fitzgerald.

(source: Associated Press)






ARIZONA:

Rector lawyer challenges death penalty


The attorney for a Bullhead City murder suspect on Friday spelled out his 
reasons to squash the death penalty against his client.

Justin James Rector's attorney, Gerald Gavin, argued before Superior Court 
Judge Lee Jantzen that lethal injection is a cruel and unusual punishment in 
violation of the U.S. Constitution.

Rector, 27, is charged with 1st-degree murder, kidnapping, child abuse and 
abandonment of a dead body in the kidnapping and death of 8-year-old Isabella

Gavin argued that if a mistake is made in the execution of a defendant, it 
cannot be undone. The defense attorney also provided examples of botched lethal 
injections in Arizona and other states, causing "shockingly long, cruel, and 
torture-induced painful deaths."

Gavin provided statements from nurses, pharmacists and doctors who condemn 
their participation in the death penalty. He also included statements from drug 
manufacturers who object to their drugs being used to execute people

"It is inexact, expensive, illogical and cruel," Gavin said. "It is time to 
kill the death penalty."

Gavin also argued that it is unconstitutional that wealthy people do not face 
the death penalty while the poor often face death for committing similar 
crimes, and that prosecutors seek the death penalty against men rather than 
women. Less than 1 % of death row inmates are women.

The defense attorney also argued that there is no evidence the death penalty 
deters crime. He also argued that long-term incarceration of a death row inmate 
is cruel and unusual punishment.

The death penalty is unconstitutional because it fails to require the jury to 
consider the cumulative weight of mitigating factors, Gavin said. He also 
argued that prosecutors have complete discretion in whether to seek the death 
penalty, which violates his client's constitutional rights.

Rector's next hearing is set for Sept. 30 and his murder trial is set to begin 
Oct. 17, 2016.

(source: Mohave Valley Daily News)






USA:

Mass. Death Penalty Retrial Halted in Carjack Deaths


It's been 14 years since Gary Lee Sampson carjacked and killed 2 Massachusetts 
men, 12 years since a jury condemned him to die and almost 4 years since a 
federal judge overturned his death sentence.

Sampson's sentencing retrial had been scheduled to begin this week but has been 
delayed indefinitely as prosecutors decide whether to appeal the judge's 
refusal to recuse himself from the case. Judge Mark Wolf, who presided over 
Sampson's 1st trial, has refused to step down.

Prosecutors cited Wolf's professional relationship with an inmates' rights 
advocate, James Gilligan, who may testify for the defense during Sampson's 
retrial. Wolf moderated a film society panel that included Gilligan last year. 
Before the panel discussion, Wolf hosted Gilligan for supper at his rental home 
on Martha's Vineyard.

Wolf said he didn't realize then that Gilligan had filed an expert affidavit in 
2010 as part of Sampson's petition for a new trial. After Wolf learned in June 
that Sampson's lawyers decided to retain Gilligan as a potential expert witness 
at the retrial, he asked both sides if they saw a need for him to step down.

Prosecutors argued that a reasonable person could question Wolf's impartiality 
and therefore he should recuse himself. Sampson's lawyers said there was no 
reason for Wolf to step down.

Wolf has given prosecutors until Oct. 13 to let him know whether they plan to 
appeal his decision to the 1st U.S. Circuit Court of Appeals. He said he can't 
set a new date for Sampson's trial until the issue is resolved.

Sampson, a drifter who grew up in Abington, pleaded guilty to federal charges 
in the 2001 carjacking and killing of Jonathan Rizzo, a 19-year-old college 
student from Kingston, and Philip McCloskey, a 69-year-old retiree from 
Taunton. He said he forced both men to drive to secluded spots, assured them he 
only wanted to steal their cars, then stabbed them repeatedly and slit their 
throats.

Separately, Sampson pleaded guilty in state court in New Hampshire in the 
killing of Robert Whitney, 58, and received a life sentence.

Sampson was arrested in Royalton when he turned himself in to Lt. Ray Keefe, 
the commanding officer of the Vermont State Police barracks there.

On the day Keefe took him into custody, Sampson failed in what may have been a 
fourth killing when a copier repairman who had just finished a job in West 
Lebanon refused to drive to a secluded spot as Sampson insisted he do. William 
Gregory instead leaped from his own moving convertible on Route 4 in 
Bridgewater after Sampson hijacked the vehicle. While Sampson struggled to keep 
the car under control, Gregory fled to safety up a highway embankment.

Sampson was the 1st person sentenced to death in Massachusetts under the 
federal death penalty law. This year, Boston Marathon bomber Dzhokhar Tsarnaev 
was also sentenced to death. Massachusetts abolished its state death penalty in 
1984.

In his written decision, Wolf implied that prosecutors may be trying to pick a 
judge they believe may be more sympathetic to their death penalty case against 
Sampson. He noted that a relative of one of Sampson's victims has publicly 
criticized him, particularly after he overturned the death sentence in 2011 
based on misconduct by one of the jurors at his trial.

Wolf didn't identify the man, but Rizzo's father, Michael Rizzo, has been 
openly critical of Wolf, particularly his decision to vacate the death 
sentence.

(source: Valley News)

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

Q&A: Justice Breyer's Interview With The NLJ


In an interview with The National Law Journal, U.S. Supreme Court Justice 
Stephen Breyer commented not only on his new book but on a range of issues - 
including his thinking about retirement, the collegiality of the court and his 
recent dissent on capital punishment.

I want to ask about your dissent in the Glossip case on the death penalty. Why 
that case? Did you have it written ahead of time, waiting for a case?

I have been working on it for a while. This case was there and it seemed an 
appropriate place to say what I thought on the issue. I thought we should use 
that case, as I said in the opinion, to go into the basic problem here, which I 
thought was whether the death penalty itself is constitutional and I have my 
reasons.

You know, sometimes people make mistakes, [executing] the wrong person. It is 
arbitrary. There is lots of evidence on that. Justice Potter Stewart said it 
was like being hit by lightning, whether the person is actually executed. If 
carried out, a death sentence, on average takes place now 18 years after it is 
imposed. The number of people who are executed has shrunk dramatically. They 
are centered in a very small number of counties in the United States. Bottom 
line is, let's go into the issue. It is time to go into it again. [39] years 
have passed [since Gregg v. Georgia, which reinstated the death penalty.] The 
non-arbitrary applications of the death penalty which the court hoped would 
take place, in my opinion, have not occurred. So, that is what I wrote.

It has already been cited a number of places. Are you pleased with the reaction 
so far?

When I write something and people find it useful, of course it is trite to say 
but it is true, I am always pleased.

Do you think it will result in what you are hoping for soon?

I don't know. You are the one who has to figure that out. I am going to be Yogi 
Berra. I never make predictions, especially about the future.

It seemed like the announcement of that opinion and the oral argument in 
Glossip also were very tense and uncomfortable.

That is for you to judge.

Overall, would you say it was a difficult term?

Well, I was probably more in the majority this term than I have been in other 
terms. The cases are always difficult and if people agree somewhat more with 
the perspective I bring to the case, of course I find that better than if they 
don't.

Do you still go by what you always say that you have never heard a raised voice 
at conference?

That is true. People get on well personally.

Some people were kind of amazed how that could be after some of the language 
that was used.

Well, it is professional. You know, people write what they write. They think it 
out. They write it down. And they make an effort, they really make an effort, 
to keep personal relations good.

(source: nationallawjournal.com)

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

Use simpler execution methods


Why not spend all this money, time and manpower that we are in trying to find 
the perfect, comfortable euthanasia for murderers and put it to good use - like 
combating cancer, Alzheimers, paralysis, multiple sclerosis, muscular dystrophy 
and all the other afflictions and diseases that many people get and suffer 
with?

I'm sure the murderers didn't give 2 hoots to the comfort of their victims 
while murdering them.

We should get back to the method of execution that each state had before the 
bleeding hearts took over. Execution by means of the electric chair, gas 
chamber, firing squad and hanging seems more simple and cost-effective. But 
let's not take 30 years to do it!

Maybe instead of lulling off to sleep almost immediately on a comfortable 
gurney, they'll have a little time to reflect on how they got to this point.

Virginia R. Smith,

Missoula

(source: Letter to the Editor, The Missoulian)