[Deathpenalty] death penalty news----PENN., ALA., MISS., MO., OKLA., USA

Rick Halperin rhalperi at smu.edu
Mon Sep 14 16:02:57 CDT 2015





Sept. 14



PENNSYLVANIA----female may face death penalty

Mom accused of pushing baby into river will mount insanity defense


Johnesha Monae Perry, 20, is charged with criminal homicide and child 
endangerment in the May 3 incident that led to the death of 20-month-old son 
Zymeir Perry. If convicted of 1st-degree murder, Perry could face the death 
penalty.

The child was taken off life support 1 week after Perry allegedly threw him off 
the Hamilton Street Bridge into the Lehigh River.

Perry is awaiting trial. In a motion filed recently in Lehigh County Court, her 
lawyers said she has a long history of mental illness.

Perry "has suffered from severe and substantial mental infirmities since her 
teenage years," Public Defender Kimberly Makoul wrote in the motion. 
"Defendant's mental infirmities include but are not necessarily limited to 
paranoid schizophrenia and delusional disorder."

Makoul wrote in the filing that lawyers are still investigating Perry's mental 
condition and are planning on calling psychologist Frank Dattilio as an expert 
witness. The defense may also call other experts and lay witness, Makoul wrote.

Police said Perry pushed her son in his stroller from her Hall Street to the 
bridge around 1:40 p.m. May 3. Witnesses told police that saw her sit the baby 
on the railing, kiss him on the forehead and push him into the water, 52 feet 
below.

Perry then jumped from the bridge, witnesses say. She landed in 4 feet of water 
and managed to walk to shore with a broken arm before collapsing, witnesses 
said.

2 Allentown police officers pulled the baby from the river about 700 yards 
downstream, but he wasn't breathing and had no pulse. The officers performed 
CPR but couldn't get any signs of life. Zymeir was taken to a hospital, where 
staff was able to revive him. He was on life support for 6 days.

Police interviewed Perry that day and she admitted she intended to kill her 
son, authorities said.

An autopsy determined Zymeir died from complications of blunt force trauma and 
drowning, and his death was ruled a homicide.

Perry is scheduled to appear before Judge Kelly Banach at a pretrial hearing 
later this week.

(source: Mornign Call)






ALABAMA:

AL.com joins 'Next to Die' project to track executions


AL.com has joined with other news organizations around the nation in "The Next 
to Die," a project to track the upcoming executions of death row inmates.

Led by The Marshall Project, a non-profit, non-partisan journalism group that 
covers the criminal justice system, "The Next to Die" is currently set up to 
track execution dates in 10 states.

The information is being shared through The Marshall Project's website and an 
embedded 'countdown to execution' widget that can be shared by AL.com - and 
other local media outlets - or placed into social media content.

Information includes the scheduled execution date of the condemned, links to 
background on their case, news as the execution date nears, and finally, the 
date of death.

"The Next to Die aims to bring attention, and thus accountability, to these 
upcoming executions," The Marshall Project states on its website. "As impartial 
news organizations, The Marshall Project and its journalistic partners do not 
take a stance on the morality of capital punishment, but we do see a need for 
better reporting on a punishment that so divides Americans."

"Whether you believe that execution is a fitting way for society to deplore the 
most heinous crimes, or that it is too expensive, racially biased and subject 
to lethal error, you should be prepared to look it in the face," The Marshall 
Project states.

Alabama currently has no scheduled executions for any of the 189 inmates on its 
death row. But as those dates are announced AL.com will place the information 
into The Next to Die database to be shared with everyone.

Alabama has been at the center of the debate over the death penalty on a few 
fronts, including judicial overrides.

More than 20 % of Alabama death row inmates originally had been recommended by 
juries to serve life without parole sentences, a few studies show. But judges 
overrode the jury recommendations in favor of the death penalty.

Alabama is among only three states that allows judicial overrides - Florida and 
Delaware are the others. But Alabama has been the only one in at least the past 
15 years to override life recommendations and sentence defendants to death.

Alabama also was among 13 states earlier this year to file briefs to the U.S. 
Supreme Court supporting Oklahoma's 3-drug combination used for the lethal 
injections during executions. The court ultimately ruled that the combination 
using that drug was not cruel and unusual punishment, clearing the way for 
Alabama and the other states to begin setting executions again.

The other states with executions being tracked during the initial phase of 
"Next to Die" are Arizona, Arkansas, Florida, Georgia, Missouri, Ohio, 
Oklahoma, Texas and Virginia.

The Atlanta Journal-Constitution, The Frontier in Oklahoma, Houston Chronicle 
and Tampa Bay Times also are partners in the project.

(source: al.com)






MISSISSIPPI:

Judge sends McGilberry to Jackson County for resentencing


A judge has ordered the return of Stephen McGilberry to the Jackson County jail 
to await resentencing in the 1994 beating deaths of four family members.

The Sun Herald reported Circuit Judge Roberts Krebs issued the order Friday and 
Circuit Judge Dale Harkey signed off. Jackson County deputies are to retrieve 
McGilberry from the state prison at Parchman on Sunday and bring him back to 
the Jackson County jail, where he is to be held until sentencing.

McGilberry, now 37, was 16 when he killed his mother, stepfather, sister and 
her 3-year-old son with a baseball bat.

He won a 3rd chance at sentencing after a 2012 U.S. Supreme Court ruling found 
that automatic life sentences for juveniles violate the Eighth Amendment's 
prohibition against cruel and unusual punishment. The court ruled that certain 
factors, such as the age of the offender at the time of the killing and the 
nature of the crime, should be considered first.

McGilberry's stepfather, Kenneth Purifoy; mother, Patricia Purifoy; stepsister, 
Kimberly Self; and her 3-year-old son, Kristopher Self; were killed in October 
1994 in St. Martin. McGilberry took a money order from his mother's purse and 
drove away in the family's vehicle.

The jury sentenced him to death, but a U.S. Supreme Court barred the death 
penalty for juveniles. In 2005, McGilberry was resentenced to 4 life terms 
without parole.

McGilberry said he committed the crimes because he was mad at his mother for 
grounding him from using the family car. She did so, authorities said, because 
he'd stopped going to school and lost a job.

McGilberry claims he's changed since the killings, having found God and been 
ordained as a minister. He's also married and says he's been a trusted inmate 
over the years.

Michael Purifoy, Kenneth Purifoy's son, said his family wants McGilberry to 
remain in prison for the rest of his life. The family and others have written 
letters to Jackson County District Attorney Tony Lawrence to ask that he remain 
imprisoned.

Charlotte James, Kenneth Purifoy's sister, said the family had moved on with 
their lives "just to have him open up the can of worms again. We are victimized 
all over again, and yet the court is worried about his rights and treats him 
like this poor little victim.

"He had no remorse for what he did," she said. "4 people no longer have their 
lives. My brother was the most loving, caring, easygoing guy that you could 
ever meet.

"These 4 people, these innocent people, will never get up again and have a 
life. Why should he?"

(source: Associated Press)






MISSOURI:

Lawyer says mother did not let Gypsy see her own medical records


The attorney representing Gypsy Blanchard said in court Monday that his client 
can't access her own medical records because of blocks set up by her now 
deceased mother.

Gypsy Blanchard, 24, is accused of arranging for her online boyfriend to stab 
her mother, Clauddinnea "Dee Dee" Blanchard, 48, to death in June at the 
family's home just north of Springfield.

Authorities have said the Blanchards were running a long financial fraud scheme 
that involved Gypsy pretending to need a wheelchair. It's unclear from police 
statements and public court documents how much Gypsy was involved in the 
alleged fraud scheme, family members have said Dee Dee forced Gypsy to act like 
she was sick and disabled.

Gypsy's attorney Mike Stanfield seemed to distance Gypsy from the deceit with 
statements he made Monday after a pre-trial court appearance.

Stanfield said Dee Dee had power of attorney and blocked Gypsy from her own 
medical records.

"We are not able to get her medical records on her own signature," Stanfield 
said. "Her mom executed power of attorney to prevent her from getting her own 
medical records."

Stanfield said a "family friend" was named as a successor following Dee Dee's 
death and he will have to go through that person to get access to the medical 
records.

Monday's brief pre-trial court appearance marked the 1st time Gypsy and her 
boyfriend Nicholas Godejohn, 26, have been in the same room since they were 
both arrested in Wisconsin in June and charged with 1st-degree murder in Dee 
Dee's death.

Greene County Prosecutor Dan Patterson said Monday he had recently provided the 
defense attorneys with 75 discs of evidence in the case for them to review.

The judge set another pre-trial court appearance for Nov. 9 so the attorneys 
will have time to review the information.

Patterson said he is still considering whether or not he will seek the death 
penalty in this case.

In June, friends and neighbors believed Gypsy was disabled and feared she was 
in danger when Dee Dee's body was discovered in the family's home on Volunteer 
Way, just north of Springfield.

Investigators quickly discovered, however, that Gypsy can walk and may have had 
something to do with Dee Dee's death.

By June 16, Gypsy and Godejohn, had been arrested in Big Bend, Wisconsin and 
charged with murder.

Court documents say Gypsy handed Godejohn gloves and a knife and told him to 
kill her mother.

A probable cause statement says the couple then stole several thousand dollars 
from Dee Dee's safe, mailed the murder weapon to Wisconsin and took a Greyhound 
bus to Godejohn's residence 2 states away.

Authorities believe Gypsy took credit for Dee Dee's death with a vulgar 
Facebook post, and that is what led them to discover the body.

Gypsy and Godejohn are each being held in the Greene County Jail on $1 million 
bond.

(source: Springfield News-Leader)






OKLAHOMA----impending execution

http://www.richardeglossip.com/the-case-1.html


It appears a horrible miscarriage of justice is about to happen which undercuts 
the argument for the DEATH PENALTY oft made by Colorado's pre-eminent 
Prosecutor George Brauchler, ???that police, prosecutors, and interrogators 
need the death penalty in their "toolbox" to draw out the truth in capital 
murder cases.

Glossip is innocent and the guilty murderer that accused Glossip of the murder 
is serving a life sentence, too frightened of being executed to confess that 
Glossip is innocent.

On Wednesday, September 16, Richard Glossip will be killed by the State of 
Oklahoma with an as yet untested mixture of chemicals. The case is ripe with 
dozens of mis-steps and Glossip has already spent 18 year in prison.

Our panel of wise men and women, SCOTUS: Supreme Court Of The United States, 
did not use due diligence in reviewing the Glossip case.

It important for ordinary people all over the United States to email, fax, or 
call OK Governor Mary Fallin asking her to stay the Glossip execution and 
asking that she end the Death Penalty in Oklahoma.

http://maryfallin.org/contact/

Why act to spare one life, while fleeing refugees are dying by the score at 
this very moment? Because every life matters.

(source: EM-AIUSA)

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

Richard Glossip's attorneys claim to have new evidence in the case 2 days 
before execution


Attorneys for a man who is scheduled to be executed this week are trying to 
halt his execution.

Richard Glossip is on death row for the 1997 murder of an Oklahoma City motel 
manager.

Glossip was convicted in the murder of Barry Van Treese after another man, 
Justin Sneed, testified Glossip paid him to commit the crime.

However, Glossip's attorneys say their client is innocent.

On Monday, those attorneys presented new information they've gathered in the 
case at the Oklahoma State Capitol.

Lead attorney Don Knight said they have interviewed witnesses and found more 
evidence that exonerates Glossip.

For example, he said one of Justin Sneed's cell mates said he clearly heard 
Sneed say he set Glossip up.

Sneed is serving life in prison for the 1997 murder of Barry Van Treese.

Glossip's attorneys again called on Gov. Fallin to issue a 60 day stay.

Oklahoma County District Attorney David Prater told NewsChannel 4 that 
Glossip's attorney reached out to him about new evidence, but he says he did 
not receive any documents.

Prater called the press conference "a bull**** PR campaign."

Glossip is set to be executed Wednesday.

(source: KFOR news)

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

Juror Who Sentenced Richard Glossip Speaks Out


A juror who sentenced Richard Glossip to death is speaking out.

Glossip is set to be executed Wednesday afternoon. This juror only wants to be 
known as "a juror from Richard Glossip's murder trial." The juror felt he 
should speak now because of all this recent attention on Glossip.

The juror wants people to know what's set to happen Wednesday is not sudden for 
those involved in the case. This is what the juror had to say, "This has been 
17 years for us, 17 years for the Van Treese Family. We saw Glossip as Charles 
Manson and as a juror for the state we wanted to protect Oklahomans."

Glossip has been found guilty twice for hiring Justin Sneed to murder Barry Van 
Treese in 1997, which is why the juror sees Glossip as Manson because of his 
ability to influence someone to kill.

Glossip though continues his innocence and continues to gain support. Not only 
does he have celebrities asking Governor Fallin for a stay of execution, 
Senator Tom Coburn and former OU coach Barry Switzer have put their names on a 
letter asking the Governor for a stay.

Glossip's attorneys plan to hold a press conference at 10:00 a.m. Monday. The 
attorneys claim they have new evidence that proves Glossip's innocence, but 
none of that evidence has been filed in court.

(source: news9.com)

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

Wisconsin politician urges Gov. Fallin to grant Glossip a stay


As a candidate for mayor, I care deeply about justice and politics. That's why 
I submitted this letter to Gov. Mary Fallin today:

Dear Governor Fallin,

I am writing to you regarding Richard Glossip, who is scheduled to be executed 
on September 16, 2015 at the Oklahoma State Penitentiary for the 
murder-for-hire plot of Barry Van Treese.

19-year-old Justin Sneed confessed to killing Van Treese in 1997, but claimed 
Glossip hired him, in an effort to avoid the death penalty. With no evidence to 
back up Sneed's allegations, the State of Oklahoma pursued those baseless 
claims in court, painting Glossip as a heartless murderer that deserved to die.

There was and is no DNA evidence, no witnesses, and no physical or forensic 
evidence that indicated Glossip was involved in any way. There is probable 
cause to believe that mistakes were made in the wrongful prosecution of Richard 
Glossip, including failure to obtain adequate counsel during his trials. The 
defendant has already been incarcerated for nearly 20 years for a crime he did 
not commit, and now he is scheduled to die this week.

Mistakes were made; while it's unacceptable, it is however forgivable, if you 
accept that fact and take measures to remedy the situation. Glossip wasn't 
sentenced to death because he was guilty, but rather because he was poor. The 
cost to defend oneself in a death penalty case is a minimum of $130,000; 
Glossip simply did not have that funding.

If this execution takes place, it will be difficult for the State of Oklahoma 
to differentiate itself from countries like North Korea and Iran, where guilt 
is not necessarily a factor when sentencing a citizen to death. The death 
penalty is in place to punish the culprits and to deter crime (although, 
there's no evidence to that effect), but ironically, the threat of the death 
penalty in this case caused a guilty man to lie so as to avoid the punishment, 
and in return, execute an innocent man. This is a prime example of an egregious 
miscarriage of justice.

For those reasons, I respectfully ask that you grant Glossip a 60-day stay in 
order to provide the defendant's attorneys time to submit newly uncovered 
evidence to the court.

Jordan Turner is running for mayor of Watertown because he believes the city 
can turn into an example for other Wisconsin cities.

(source: reddirtreport.com)






USA:

Death penalty on its way out?


The death penalty is dying. Even in states with a reputation for being hard on 
crime, executions are becoming rare.

Most people agree there are those whose crimes are so heinous that they deserve 
to die. But the problem, increasingly, is how to do it.

There is wide agreement among states that lethal injection is the most 
practical and humane way to end a human life. But for several reasons, the 
supply of life-ending drugs is drying up, The Tennessean in Nashville reports.

Many of those drugs are made in Europe, where there is widespread public 
opposition to capital punishment. Some imported drugs don't meet U.S. 
standards. Many U.S. doctors and pharmacists point out that their aim is to 
save lives, not end them.

For a variety of reasons, 2/3 of the states have not executed anyone in the 
past five years. American public opinion still favors capital punishment, but 
by a diminishing margin: 78 % 2 decades ago to 58 % today, according to the Pew 
Research Center.

One opponent of the death penalty sees "a massive reassessment under way in the 
country."

Lengthy appeals are inevitable with capital cases, and creation of regional 
defense systems has raised the quality of defense lawyers.

Supporters and opponents of capital punishment tend to agree that the process 
of execution takes too long, which in itself amounts to cruel and unusual 
punishment.<

The Tennessean said a Colorado survey found that death penalty cases took more 
than 5 years on average to complete, compared to 18 months for cases involving 
life without parole.

The frustration is typified by what's happening in Kansas, where a jury decided 
a white supremacist should die for killing 3 people outside Jewish sites. 
Formal sentencing is scheduled in November, but Kansas hasn't executed anyone 
for 50 years.

Such frustrations suggest that capital punishment some day will be found only 
in the history books.

(source: The Paris Post Intelligencer)

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

Supreme Court Justice Argues World Opinion Matters on the Death Penalty


Should the Supreme Court care that other countries have abolished the death 
penalty?

That looming question animates Justice Stephen Breyer's "The Court and the 
World," a brisk but academic book that argues that it is relevant for the 
nation's top judges to consider what other countries' legal systems have 
decided when faced with difficult issues.

"If someone with a job roughly like my own, facing a legal problem roughly like 
the one confronting me, interpreting a document that resembles the one I look 
to, has written a legal opinion about a similar matter, why not read what that 
judge has said?" writes Breyer, who was appointed by President Clinton in 1994. 
"I might learn from it, whether or not I end up agreeing with it."

It's not an academic question. In recent years, members of Congress have 
harshly criticized justices for citing foreign courts, with one former member 
even suggesting it could be grounds for impeachment. Meantime, the court is 
narrowly divided on the death penalty, an issue where the United States bucks 
the trend of other advanced democracies toward abolition.

In 284 pages, Breyer explores the history of justices looking to foreign 
courts, the influence of America's legal system on the world, the increase in 
legal questions over international agreements and the role of judges in 
spreading American influence.

But the heart of the book is an 11-page chapter defending the court's citation 
of foreign cases. And while Breyer mentions cases involving consumer safety, 
desertion and gay rights, that section of the book returns again and again to 
court decisions on the death penalty.

That's because one of the arguments for the court to ban the death penalty in 
the United States is that it violates the constitutional prohibition on "cruel 
and unusual punishment." For Breyer, who called the death penalty "capricious, 
random, indeed arbitrary" in a dissent earlier this year, foreign practices 
help show how unusual it is.

According to the human rights group Amnesty International, 101 countries have 
abolished the death penalty for all crimes.

Breyer also notes how past cases have been shaped by world opinion, with 
justices barring executions for children under the age of 16, for rape that did 
not lead to death and for the accomplice in a robbery that led to a death. He 
even notes that the phrase "cruel and unusual punishment" itself is foreign 
since it comes from an English declaration from 1688.

He also considers - then rejects - the arguments of critics, including that 
citing foreign courts could undermine American sovereignty or lead judges to a 
lazy "nose counting" of other countries' practices before making decisions.

Ultimately, Breyer argues, foreign decisions are just another source of 
information, no different than lower court decisions, "useful law review 
articles, books of history (and) statistical studies." Informative, but unlike 
a Supreme Court decision, not binding.

(source: TIME)




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