[Deathpenalty] death penalty news----TEXAS, PENN., ALA., ILL., OKLA.

[Rick Halperin]

April 4



TEXAS:

Texas' use of death penalty on the mentally ill demands reform


Capital trials sound like the height of democracy, being respectful yet high 
stakes contests. Frankly, they aren't. It is not uncommon for lawyers, jurors 
and even judges to fall asleep. This is a system where paranoid schizophrenics 
are allowed to represent themselves, subpoenaing Jesus Christ himself. Just 
last week, a man with bipolar disorder was issued a stay hours before his 
execution when an appeals court ruled he hadn't been adequately represented.

In a literal life and death scenario, these realities don't feel like justice.

And for criminals with serious mental illness, the state needs to tighten up 
its arbitrary handling of mental health cases, if not abolish the death penalty 
for these defendants altogether.

Many death penalty case issues are due to bad lawyering. When death sentences 
increase from just a quarter of the national average to the national average, 
error rates more than triple. But problems also occur on the other side of the 
bench - mentally ill defendants don't always make the best clients. Capital 
cases can go through 4 or 5 sets of defense lawyers as the client exhausts his 
appeals and is entitled to new counsel. If a defendant cannot articulate past 
problems with his case, it is difficult to find compelling arguments for an 
appeal, keeping them on death row.

"It is very hard for them, if not impossible for them to help their lawyers," 
said Jim Marcus, co-director of the Capital Punishment clinic at the UT School 
of Law. "Their symptoms get in the way of their understanding of the world."

Texas has the most active execution chamber in the nation, but its sentencing 
is by no means uniform. If Harris County were a state, it would have the most 
executions in the country (excluding Texas of course). Your chances of 
execution have less to do with your crime than where you are prosecuted.

Harris County jail has another claim to fame - it's the state's largest mental 
health care provider.

"The fact that the criminal justice system has been ineffective in preventing 
that from happening, it's appalling," said Kathryn Kase, executive director of 
Texas Defender Service.

Even with such high levels of mental illness in the justice system, the verdict 
of not-guilty by reason of insanity is rarely used. Many jurors and judges 
still feel inclined to think that someone with mental illness is "faking it," 
even when defendants have been considered mentally impaired since childhood, or 
in the case of Andre Thomas, rip out their own eyes.

"For lawyers who are litigating these cases, who represent someone who is 
seriously mentally ill, you really don't want to put [mental illness] in front 
of the jury if you don't have to," Kase said. "I think that over time there is 
an emerging consensus that these folks should not be facing the death penalty."

A 2014 Public Policy Research poll found that Americans did not favor using the 
death penalty on mentally ill individuals on a 2-to-1 margin. Life in prison 
without parole is just as effective as a death sentence at protecting the 
public from a mentally ill criminal, and saves $1.2 million in the process. If 
we spent even half of this money on early detection and treatment of mental 
illness, hundreds of potential victim's lives would be saved.

If the state insists on using the death penalty on the mentally ill, we can at 
least make sure that process is treated with the gravity it deserves. Cases 
should be taken to court slowly, giving time to assess the full impact of 
mental illness on a defendant, who should then be ensured reasonable counsel. 
Anything less could hardly be considered justice.

(source: Laura Hallas is a Plan II freshman from Allen. She is a senior 
columnist----The (Univ. Texas) Daily Texan)

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

Executions under Greg Abbott, Jan. 21, 2015-present----18

Executions in Texas: Dec. 7, 1982----present-----536

Abbott#--------scheduled execution date-----name------------Tx. #

19---------April 6------------------Pablo Vasquez---------537

20---------May 11-------------------Terry Edwards---------538

21---------June 2-------------------Charles Flores--------539

22---------June 21------------------Robert Roberson-------540

23---------July 14------------------Perry Williams--------541

24---------August 23----------------Robert Pruett---------542

25--------August 31-----------------Roland Ruiz----------543

(sources: TDCJ & Rick Halperin)






PENNSYLVANIA:

6 jurors selected in 2014 killings of East Liberty sisters


Many are called, but few are chosen.

After 4 days of questionnaires, waiting rooms and interviews, 6 jurors have 
been selected for the trial of Allen Wade, charged with killing sisters Sarah 
and Susan Wolfe in 2014 and facing the death penalty if convicted.

So far, 92 Allegheny County citizens have answered the summons as potential 
jurors in the case; 42 have been interviewed by the 2 prosecutors and 3 defense 
attorneys in the presence of a court reporter and Wade himself in an empty 
5th-floor courtroom at the Allegheny County Courthouse.

A standard jury in a criminal case has 12 jurors and four alternates, but 
Common Pleas Judge Edward Borkowski may ask for more alternates in case jurors 
drop out, given the anticipated length of the case and its tentative start date 
of May 2.

Most were sent home after a few minutes of questioning, which usually started 
with whether they knew any of the 129 people who could be called as witnesses 
in the case.

"You've had about 6 hours to look over the list by now," Assistant District 
Attorney Bill Petulla told a potential juror after a long wait to be 
interviewed Friday afternoon.

One woman knew 2 potential witnesses from UPMC, where Susan Wolfe was a 
psychiatrist, but was dismissed because she was scheduled for knee surgery in 
late May and the trial could go that long.

Petulla and defense attorney Lisa Middleman also asked whether potential jurors 
would be willing to consider imposing the death penalty - 2 women and 1 man 
were excused Friday because they wouldn't use it under any circumstances - and 
whether being in court for a 3-week trial would cause them financial hardship.

Petulla and Middleman took turns leading the questioning.

Deputy District Attorney Rob Schupansky and defense attorney Lisa Phillips then 
described the penalty phase. If the jury finds Wade, 45, guilty of 1st-degree 
murder, jurors would weigh aggravating factors in the crime against mitigating 
factors to decide whether he should get the death penalty or life in prison 
without parole.

Schupansky and Phillips said jurors shouldn't consider that the death penalty 
was possible when deciding Wade's guilt or innocence, but the attorneys had to 
bring it up in the selection process to weed out anyone who had a moral, 
philosophical or religious reason not to consider it.

Simply having reservations about the death penalty wasn't an automatic 
disqualification, as Petulla and Middleman both said it was worth pausing and 
considering seriously.

"I'm not against it, but knowing I'd have a say in somebody's demise would be 
bothersome and disturbing," said 1 potential juror Friday. She was excused 
because she didn't think she could take three weeks away from her salon.

Sometimes a potential juror can be dismissed by 1 side even if the other side 
wants him or her, as was the case with a retired nuclear engineer struck by the 
defense Friday.

When both sides agreed to accept a juror, he or she was added to the panel to 
be called back to court when the trial begins. 2 women were added to the jury 
Friday.

Jury selection continues Monday.

(source: triblive.com)






ALABAMA:

Sentencing set for man accused of murdering mentally challenged man


Sentencing for a man who killed a mentally challenged man will take place 
Monday.

Dennis Hicks was convicted of capital murder in February for the death of 
23-year-old Joshua Duncan.

Hicks is facing the death penalty.

At the time of Duncan's death, Hicks was on parole for a double murder in 
Mississippi from the the 1970s.

The judge has to decide whether to go with the jury's recommendation of the 
death penalty or life without parole.

(source: WPMI news)






ILLINOIS:

In 4 decades, Illinois lawyer has seen it all


In his 4 decades as a lawyer, Steven Skelton has taken cases that robbed him of 
sleep and tested his skills during more than 20 jury trials where his clients 
faced potential execution if he failed.

As part of the 1st generation of lawyers certified to handle death penalty 
cases in Illinois, Skelton represented clients in some of the most heinous 
capital cases, including Andrew Urdiales, convicted of murder in Chicago and 
Pontiac and now awaiting trial in California for his role in the murders of 5 
women.

"It's incredibly intimidating and stress inducing. I lost a lot of sleep," 
Skelton said of his work in death penalty cases. Urdiales was 1 of 167 inmates 
who had their death sentences commuted to natural life by former Gov. George 
Ryan.

Other high profile cases handled by Skelton include his work on the Amanda Hamm 
Ware trial in 2003. Initially charged with murder, the former Clinton woman was 
convicted of child endangerment in the drowning deaths of her three children. 
Using experts in false confessions and accident reconstruction, the 3-year 
effort to acquit Ware of murder was among the most complex cases in Skelton's 
career.

Skelton also was appointed to defend Jason Harris on murder charges in the 2009 
deaths of 5 members of the Raymond Gee family in Logan County. Harris is 
serving 20 years for concealment of a homicide, delivery of cocaine and 
obstruction of justice in the Logan County deaths. His brother, Chris Harris, 
is serving life for murder.

A native of Genesso, Skelton was 1 of 4 children raised by his father, a 
carpenter, and his mother, who "taught me the value of hard work and honesty," 
said Skleton.

Skelton came to Bloomington to attend Illinois Wesleyan University and taught 
English for 2 years before deciding at age 24 to go to law school. After 
graduating from John Marshall Law School in 1976, he returned to the Twin 
Cities, where he worked in private practice before serving a decade as McLean 
County's public defender.

In 1990, he left the office where heavy caseloads were the norm and the 
majority of the tough cases were handled by the chief public defender.

"I felt I needed to lead by example and the volume of tough cases I was 
handling was not healthy for me - physically or emotionally," Skelton said.

5 years ago, Skelton expanded his single-lawyer practice to include Bloomington 
attorney Stephanie Wong, a former prosecutor who also worked with Jason 
Chambers in private practice before he was elected McLean County State's 
Attorney in 2012.

"I always admired her talent and skills," said Skelton, acknowledging their 
courtroom styles differ.

"My style is more relaxed and I have a somewhat slower pace. I try to narrow 
the issues and make things as easily understandable as possible for jurors. 
Stephanie goes into more detail and has a more aggressive style," said Skelton.

Skelton's colleague and contemporary in the legal profession, Harold Jennings, 
said Skelton is his first choice for clients his firm cannot represent because 
of a conflict.

"He's first rate and always has been," said Jennings.

In December, Skelton's firm added Joshua Rinker, a prosecutor with Chambers' 
office at the time. The chance to work with Skelton and Wong was too good to 
pass up, said Rinker.

"Between Steve and Stephanie, they have either seen or heard it all and they 
are a fantastic resource for a younger lawyer in town," said Rinker.

Skelton is formidable challenger, said the former prosecutor.

"It caused me to work harder and longer just to be as prepared as possible when 
going against someone with as much experience and skill as he has. I can 
honestly say it made me a better lawyer," said Rinker.

One of the benefits of his status among the more senior members of the Twin 
City legal community is the ability to offer advice to younger attorneys.

"I would tell them that collegiality and a sense of humor are important. And 
don't take yourself too seriously or your job too lightly," said Skelton, who 
at 66 plans to work a few more years before retiring.

(source: The (Bloomington) Pantagraph)



OKLAHOMA:

After series of delays, man faces trial in '10 slaying


A Crawford County man accused of killing a Fort Smith woman more than 5 years 
ago is scheduled to go on trial today in a death-penalty case in Oklahoma.

Jury selection is expected to take a week or more in LeFlore County District 
Court in the 1st-degree murder trial of Elvis Aaron Thacker, District Attorney 
Jeff Smith said Friday. The trial could last up to a month.

Thacker, 28, is accused of sodomizing and slitting the throat of 22-year-old 
Briana Ault at a pond just across the Oklahoma state line from Fort Smith on 
Sept. 12, 2010.

The trial in Oklahoma has been on hold to allow Thacker to recover from gunshot 
wounds he suffered when he was arrested in 2010, for the disposal of charges in 
Arkansas of kidnapping and attempted capital murder in August 2011, and for 
years of pre-trial maneuvering by the state and defense in his murder case in 
Oklahoma.

The latest delay came in January when prospective jurors showed up for jury 
selection only to be sent home when the prosecution and defense announced to 
District Judge Jonathan Sullivan that they were not ready for trial.

Smith said Friday that he expected the lengthy jury selection because the state 
is seeking the death penalty. The jury will have to be death-qualified, which 
adds another dimension to the selection process for the prosecution and 
defense, he said.

The trial is going to put a dent in Smith's budget, which he said is already 
thin because of Oklahoma's across-the-board 7 % budget cut. But he said his 
office will not cut short the witness list. To save on witness fees, travel and 
lodging expenses, Smith said reporting dates are being staggered to get 
witnesses closer to the time when they will be needed to testify.

"This case is much too important," he said. "We will worry about patching the 
holes [in the budget] on the back side."

Thacker was charged initially with sodomy and 1st-degree murder along with his 
younger brother Johnathen. Johnathen Thacker, 27, pleaded guilty to 
first-degree murder in April 2014 to avoid the death penalty and is scheduled 
to testify for the prosecution in the trial, Smith has said. He said Johnathen 
Thacker won't be sentenced until after his brother's trial.

About 6 p.m. Sept. 13, 2010, the Pocola, Okla., Police Department received a 
phone call from a fisherman who had found the body of a naked woman floating in 
a pond just across the state line from Arkansas. She had 2 deep cuts in her 
throat.

12 hours earlier, the Fort Smith Police Department received a call about a car 
fire near the intersection of Tulsa and South 36th streets. Police determined 
that the orange 2005 Chevrolet Cavalier was registered to Ault.

About 2:30 p.m. that day, Bethany Ault-Pyle had gone to the Fort Smith police 
station to report her daughter missing. She told police that she had contacted 
all of her daughter's friends but no one had seen her.

A friend, Lacey Ebarb, was the last person to be seen with Ault. She told 
police that she and Ault were drinking at a downtown Fort Smith bar about 2 
a.m. Sept. 12, 2010, when Ault received a call from an ex-boyfriend offering to 
pay her $50 for a ride. Ault left to pick him up, telling Ebarb she would be 
back in 15 or 20 minutes.

Ebarb received a text from Ault's phone 2 hours later saying her ex-boyfriend 
had gotten another ride and that Ault was going home.

On Sept. 15, 2010, investigators obtained Ault's cellphone records. They showed 
Elvis Thacker had called Ault just before she left to pick up the ex-boyfriend, 
police said.

Fort Smith police already were looking for the brothers because they were named 
in warrants charging them with the rape of a woman at knifepoint in Fort Smith 
on Sept. 3, 2010.

Fort Smith police and investigators with the Oklahoma State Bureau of 
Investigation, which took over the Ault murder investigation, converged on an 
apartment where the brothers had been staying at 5042 S. 32nd St. about 10 p.m. 
Sept. 15, 2010.

Police kicked in the door to the apartment and were met by the brothers 
wielding knives, according to reports. Police said Elvis Thacker stabbed Fort 
Smith police detective James Melson multiple times.

At least 2 officers fired stun guns at Elvis Thacker. Detective Jeff Carter 
fired his gun, wounding Thacker twice in the lower abdomen. Reports said 
Thacker spent 6 weeks in the hospital recovering from the wounds.

As he was being transported to the hospital, Elvis Thacker, prompted by police 
who believed he was about to die, confessed that he killed Ault and burned her 
car, authorities said.

Johnathen Thacker told police after his arrest that his brother used the ruse 
of asking for a ride as an opportunity to rob Ault, who he mistakenly believed 
had won $1,600 at a casino.

When Ault picked up the brothers, Johnathen Thacker said, her brother directed 
her to Cooper's pond on Texas Road in Pocola. Threatened at knifepoint, Ault 
said she didn't have any money.

After she was forced to perform oral sex on Johnathen Thacker, Ault was taken 
to the pond where Elvis Thacker tried to drown her, police said. When he could 
not, he cut Ault's throat and left her in the pond, the affidavit said.

Before throwing Ault's cellphone into the Arkansas River, Johnathen Thacker 
told investigators, he used it to send a text to Ebarb about the ex-boyfriend 
getting another ride.

Johnathen Thacker told authorities that his brother had released the woman they 
raped Sept. 3 after she promised she wouldn't call the police. As soon as the 
woman got away, she reported the attack.

Johnathen Thacker said his brother killed Ault because he was not going to let 
that happen again, according to reports.

In August 2011, the brothers pleaded guilty in Sebastian County Circuit Court 
to charges of attempted capital murder in the wounding of Melson and to 
kidnapping in the Sept. 3 attack on the woman.

Elvis Thacker was sentenced to 30 years in prison, and Johnathen Thacker was 
sentenced to 25 years.

(source: arkansasonline.com)