[Deathpenalty] death penalty news----PENN., VA., S.C., GA., FLA., ARK., NEB.

[Rick Halperin]

Sept. 18



PENNSYLVANIA:

Judge won't delay trial of man accused of killing sisters in Pittsburgh


The 2 public defenders representing a man accused of killing 2 sisters in their 
East Liberty home will work together on both the trial and, if needed, the 
penalty phase, Lisa Middleman, one of the public defenders told a judge Friday.

Allen Wade, 44, who lived next door to Susan and Sarah Wolfe, could face the 
death penalty if convicted of their killings.

The Wolfe sisters were found dead in their Chislett Street home on Feb. 7, 
2014. Wade was arrested about a month later and has remained in jail since 
then.

Wade's attorneys, Middleman and Lisa Phillips, Chief Public Defender Elliot 
Howsie and prosecutors appeared before county Common Pleas Judge Edward 
Borkowski on Friday to discuss concerns the judge had about preparations for 
the trial. Wade's attorneys asked Borkowski to delay the trial. He refused and 
asked for "renewed efforts" by the Public Defenders Office to prepare Wade's 
defense on time. The trial remains scheduled to begin Nov. 2, Middleman said.

Typically, 2 defense attorneys will work on a death penalty case. One attorney 
will present the defense's case to the jury. Another attorney will work on the 
penalty phase if the jury convicts the defendant and prosecutors seek the death 
penalty.

Middleman said theories on how best to try a death penalty case have changed. 
She believes a 2-attorney approach in both phases gives Wade the best defense.

Borkowski worried it might hurt Wade if the same attorney who argues the 
defenses and loses appears before the jury again to argue against the death 
penalty.

Middleman said juries are intelligent enough to understand the 2 phases are 2, 
separate legal arguments.

(source: triblive.com)






VIRGINIA:

Court says Va. isn't required to release execution manuals


Manuals used to guide executions in Virginia are exempt from Freedom of 
Information Act requests and do not have to be released to the public, The 
Virginia Supreme Court ruled.

In its ruling, the court said current and prior manuals are covered by a 
public-safety exemption that does not explicitly require the release of any 
non-exempt portion. The exemption allows records such as architectural drawings 
to remain confidential for security reasons, multiple media outlets reported.

"The wording of the statute applies the exclusion to the entire drawing, 
manual, minutes or record and makes it disclosable only at the discretion of 
the custodian," Justice Cleo E. Powell wrote for the majority.

Wednesday's ruling overturned a September 2014 decision by then-Fairfax County 
Circuit Court Judge Janet M. Roush ordering the Department of Corrections to 
release the execution manual and several other documents. Roush was appointed 
as justice after the Supreme Court heard the case in June.

The Supreme Court sent the case back to the circuit court to reconsider the 
release of the other documents, which include the wiring and operation of the 
electric chair and the schematic of the execution chamber at the Greensville 
Correction Center in Jarrat.

"The decision addresses the department's security concerns," Department of 
Corrections spokeswoman Lisa Kinney said. "We are pleased with the court's 
decision regarding the execution manual."

The department has argued that prisoners or protesters could exploit the 
information.

"This case is not about Virginia trying to keep its execution protocols 
secret," said Assistant Attorney General Margaret O'Shea. Instead, she argued, 
it was answering this question: "Does the Department have to eviscerate the 
security of a maximum security prison?"

Del. Scott A. Surovell, D-Fairfax, had submitted a FOIA request for the 
material last year amid debate over how the state carries out the death 
penalty.

"What they've done here is really scary," Surovell said. "They've incentivized 
government officials to sprinkle so-called 'safety provisions' in any records 
they don't want the government to see, and they've also directed the courts 
that they have to give great deference to government officials about what 
documents the government officials want to produce."

Megan Rhyne, executive director of the Virginia Coalition for Open Government, 
said the ruling could affect citizen access to other records that may include 
both exempt and non-exempt information.

(source: Associated Press)






SOUTH CAROLINA:

Dylann Roof does not deserve any mercy, or consideration


Dylann Roof wants to plead guilty to murdering 9 Emanuel AME parishioners in 
exchange for the state dropping its decision to seek the death penalty.

Sorry, but this is one "person" in no position to dictate terms.

This is our decision.

Earlier this month, 9th Circuit Solicitor Scarlett Wilson announced plans to 
seek the death penalty in the Emanuel AME Church shooting.

"This was the ultimate crime," she said, "and justice from our state calls for 
the ultimate punishment."

Wilson is absolutely right. If there were ever a crime that called for the 
worst the state can dish out, this is it.

Roof allegedly walked into the church on June 17, sat through Bible study for 
an hour, and then pulled a gun, announced he had come to kill black people, and 
did just that. He wanted to start a race war, and he failed.

On Wednesday, during a court hearing to discuss a useless gag order on the 
case, Roof's attorneys let it be known - again - that he wants to plead guilty 
in order to get life imprisonment.

Well, Roof should get exactly the same amount of mercy that he showed Cynthia 
Hurd, Susie Jackson, Ethel Lance, DePayne Middleton Doctor, Clementa Pinckney, 
Tywanza Sanders, Daniel Simmons, Sharonda Coleman-Singleton and Myra Thompson.

The carrot

That's a long list of names.

9 people who did absolutely nothing to anyone on this Earth. They were simply 
studying the Gospel, minding their own business.

Their crime, in Roof's eyes, was being born black.

There are far too many warped people in this world who hate others based solely 
on their skin color, and some of them are no better than accessories to murder 
for filling a foolish young mind with such hate.

Let's hope the feds go after some of them, too.

Neither the state, nor any of the rest of us, should get caught up in this 
gaming of the justice system. The carrot we are being offered by Roof's 
attorneys is this: a death penalty case is a long, drawn-out process that will 
take years, perhaps decades, and cost the state untold amounts of money.

That's all true.

Better to end this now, the argument goes, and spare the victims' families the 
pain of being reminded of this tragedy for years to come.

But does anyone seriously believe the families are not going to have to live 
with this every day for the rest of their lives? Is a court case really going 
to make it any worse?

It couldn't get any worse.

The stick

Wilson talked with the victims' families before she made her decision.

Yes, they showed a true Christian spirit when they got up in that courtroom 
during Roof's bond hearing and forgave him his trespasses. And, like many 
people of true faith, they do not believe in the death penalty.

Those families renewed a lot of people's faith. They are the true heroes here.

But several of them also told Wilson they are comfortable with her decision. It 
is the law in this state, after all.

So Wilson is following the letter of the law, and she is doing so with the 
blessing of the families of 9 people who are never going to forget this 
horrible year.

It's facile to think otherwise.

This is our system and it is expensive. The wheels of justice turn slowly, but 
this case deserves no less than justice.

Ultimately, there is only one deal Roof should get: if the state accepts his 
offer and gives him life imprisonment, he must go into the general population 
at the most vicious prison in the state - no solitary confinement, no coddling.

Let's see how long Mr. Race War survives locked up with other felons. Because 
even to hardened criminals, what Roof allegedly did - and "allegedly" is a 
joke, given his confession to the FBI - is unforgiveable.

Let the general population of Lieber dole out a slow, torturous punishment. 
It's what Dylann Roof deserves.

(source: Brian Hicks, Columnist, The Post and Courier)






GEORGIA----impending female execution

Execution date set for Kelly Gissendaner


An execution warrant was signed Friday, setting the execution of Kelly 
Gissendaner for the week that begins Sept. 29.

According to the warrant signed by Chief Judge Melodie Snell Conner, 
Gissendaner is to be put to death between noon Sept. 29 and noon Oct. 6 for the 
1997 death of her husband Doug Gissendaner.

The Department of Corrections sets the specific time and day the execution will 
be carried out. Usually, it's at 7 p.m. one the 1st day of the 7-day window, 
which would be Sept. 29.

(source: Atlanta Journal-Constitution)






FLORIDA:

Prosecutor, activist argue over death penalty at Tiger Bay Club forum


The political Tiger Bay Club hosted a debate Friday between a prosecutor who's 
argued dozens of death penalty cases and an advocate fighting for changes to 
the capital murder legal system.

Bernie de la Rionda, who prosecutes many of Jacksonville's death penalty cases 
and who acts as senior managing director for the State Attorney's Office, 
argued the death penalty is necessary to distinguish between particularly 
heinous murders and other killings. Heinous murders, he argued, demand the 
death penalty.

Kristina Musante, who works for the American Civil Liberties Union but is not 
an attorney, came to Jacksonville to coordinate the Justice 4 Jacksonville 
Coalition, which is requesting death penalty reforms. She argued that the way 
death penalty cases are prosecuted and decided is error prone. She said 25 
people have been exonerated from Florida's death row since 1973, and she 
believes the state has executed people who did not murder.

In response to a question about whether making executions more public would 
deter crime, de la Rionda said he???d like to bring back firing ranges to 
Florida.

Obtaining the drugs necessary for executions has become more difficult, he 
said, because the drugs are made in European countries that object to 
executions. But "bullets are pretty cheap, and they're very quick," he said. If 
Florida can't get the drugs, then it should use firing ranges, he said.

(source: jacksonville.com)

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

Appeals dwindling in Milton death penalty case


For 2nd time, the Florida Supreme Court has upheld the conviction and death 
penalty sentence of a man who in 2004 robbed an elderly Milton woman, broke her 
neck and stabbed her.

Thursday, the state's highest court denied post-conviction relief to Michael A. 
Hernandez Jr., 34, who in 2007 was found guilty of murdering 67-year-old Ruth 
Everett.

According to court documents, Hernandez, then 23, and his accomplice, 
Christopher Shawn Arnold, barged into Everett's home and falsely claimed her 
son owed them money.

The men tried to suffocate Everett with a pillow and broke her neck during the 
struggle, witnesses said. Hernandez then cut her neck with a knife, and the duo 
took Everett's debit card and used it to by crack cocaine. After admitting the 
crime to acquaintances, the men were persuaded to turn themselves in.

At trial, 11 of 12 jurors recommended the death penalty for Hernandez, and the 
trial court sentenced him to capital punishment citing the heinousness of the 
crime, the fact it occurred during a robbery and that Hernandez was a prior 
felon.

Arnold pleaded to the charges and was sentenced to life in prison.

On Hernandez's direct appeal in 2009, the Florida Supreme Court Court affirmed 
the trial court findings, and the U.S. Supreme Court declined to review the 
case.

Hernandez filed for post-conviction relief once before in 2010 - claiming 
ineffective counsel - and lost. He can still seek to have the federal Supreme 
Court review the case, and failing that, can request clemency from Gov. Rick 
Scott.

According to Florida Department of Corrections records, Hernandez is 1 of 15 
people currently on death row for crimes in Escambia or Santa Rosa County.

(source: Pensacola News Journal)






ARKANSAS:

After 10 Years, Return of Death Penalty in Arkansas an Ideological Statement


The governor of Arkansas aims to end the state's decade-long hiatus on 
executions in October.

Gov. Asa Hutchinson has set dates for the executions of 8 convicted murderers, 
according to Reuters. The first 2 men are sentenced 2 die in October. But this 
decision is already being challenged, according to Robert Dunham, executive 
director of the Death Penalty Information Center.

"The lawyers for the prisoners who are facing death warrants will be filing 
motions for an injunction to bar all of the scheduled executions," Dunham said. 
"They are arguing that Arkansas' lethal injection statute has constitutional 
defects, including, in particular, its lethal injection procedures."

Dunham added that "a suit challenging the Arkansas lethal injection statute and 
protocol was pending well before the death warrants were signed, and the 
prisoners' lawyers expect that an injunction will be granted."

Coming at a time when capital punishment is under national and international 
scrutiny, Hutchinson's move may be about taking a stand, said Rodney Engen, 
associate professor of sociology and criminal justice at the University of 
Arkansas.

"As a nation, we are deeply ambivalent about the death penalty," Engen said. "7 
states have repealed it since 2007, for a total of 19 that have abolished. 
However, this region, and the South generally, remains staunchly conservative. 
Moreover, with the extremely polarized political environment we have currently, 
certain policy positions have taken on even greater symbolic importance than 
they might have in the past - support for gun rights, opposition to abortion 
rights and marriage equality are a few examples. I think the death penalty is 
one of those issues."

"With the extremely polarized political environment we have currently, certain 
policy positions have taken on even greater symbolic importance." - Rodney 
Engen, associate professor of sociology and criminal justice

Data from Pew Research Center released in April shows that support for the 
death penalty in the United States is as low as it has been in 40 years - 
though a majority of Americans still support it for those convicted of murder.

Taking a stand on this issue is a way for Republicans to buck national and 
international trends, and show a commitment to conservative ideology, Engen 
said.

The scheduling is also a matter of practicality. Arkansas obtained the 
requisite drugs for lethal injection in August, according to Reuters.

Though the state pales in execution numbers when compared with nearby Texas, 
the debate isn't about quantity, said Jacob Held, associate professor of 
philosophy at the University of Central Arkansas.

"Being next to Texas makes anyone look good, especially in the case of the 
death penalty,??? Held said. "Texas performs the majority of executions in the 
country, and outpaces any other state significantly. But the issue with capital 
punishment isn't about how many you do, it's about whether or not you should do 
any. The debate hinges on the question of whether the government should 
exercise its power to deprive a citizen of life."

But though Texas takes the lead, Arkansas is part of a region with a uniquely 
high execution rate, said James Clark, senior death penalty campaigner at 
Amnesty USA.

"The world has largely abandoned the death penalty, but the United States 
stands out as a global leader in executions alongside Iraq, Saudi Arabia, Iran, 
and China," Clark said. "That ranking is driven largely by a few states like 
Texas, Missouri, and Oklahoma, while most jurisdictions in the U.S. have either 
abolished or abandoned the death penalty. In fact, just 2 % of the counties in 
the U.S. are responsible for a majority of death sentences. Arkansas' disuse of 
the death penalty over the last decade has been in step with the national and 
global trend."

The current executions also ignore a long-term problem, Clark said - that 
capital punishment will always be costly and contested, no matter what form it 
comes in. "Difficulty acquiring drugs is just one aspect of a broken system," 
he said. "In every state with the death penalty, the system is costly, slow, 
and broken beyond repair, which is exactly why most states have either 
abolished it or abandoned its use. The only long-term solution is to abolish 
the death penalty once and for all."

(source: ivn.us)






NEBRASKA:

Governor responds to allegations in death penalty lawsuit


Gov. Pete Ricketts took time out from his trade mission in Beijing, China, 
Friday to briefly answer a lawsuit filed Thursday on behalf of death penalty 
opponents that focused on his involvement in the referendum petition process.

"Just because the governor supports the effort does not make him a sponsor of 
the petition drive," said Ricketts' spokeswoman Brittany Hardin. "This is yet 
another example of special interests using the courts in an attempt to thwart 
the will of the voters."

Nebraskans for Public Safety filed a lawsuit in Lancaster County District Court 
on behalf of longtime death penalty opponents Christy and Richard Hargesheimer 
questioning the validity of the petition process based on the belief that 
Ricketts' name was omitted from the list of sponsors even though he is the 
"primary initiating force" behind the petition.

State law requires that a petition effort have a list of all sponsors in order 
to prevent fraud in the process.

The lawsuit alleges the leaders of Nebraskans for the Death Penalty, which 
sponsored the petition drive, violated the law by leaving his name off 
intentionally, knowing he was a sponsor, organizer, early instigator, financier 
and in effect, the "boss" of the petition drive.

Named in the lawsuit are Secretary of State John Gale, Nebraskans for the Death 
Penalty, and its board members Judy Glasburner, Aimee Melton and Bob Evnen.

Hardin said the governor has been clear that he believes the death penalty is a 
valuable public safety tool, and he supports giving the voters of Nebraska the 
opportunity to retain it.

(source: Lincoln Journal Star)

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

Nebraskans for the Death Penalty Don't Fear Lawsuit


The Nebraska Legislature voted to abolish the death penalty in May. The lawsuit 
filed Thursday in Lancaster County District Court argues that Ricketts should 
have been named because of his efforts to organize the Nebraskans for the Death 
Penalty campaign. In August, death penalty supporters turned in what they said 
were more than enough petition signatures to prevent repeal from taking effect, 
pending voters' decision in a referendum next November.

The suit says a document disclosing sponsors of the petition did not include 
Gov. Pete Ricketts, despite information that he was a "primary initiating 
force".

The group, Nebraskans for Public Safety, claims the referendum effort failed to 
follow state law.

A spokesperson for Nebraskans for the Death Penalty said he hadn't yet seen the 
lawsuit. Ricketts will meet Friday morning with Ambassador to China and former 
U-S Senator Max Baucus. "And we're confident they're not going to be 
successful", Peterson said. Peterson says he expects the courts to take up the 
measure quickly.

(source: Dispatch Times)