[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., ALA., MISS., LA.

[Rick Halperin]

April 7



TEXAS:

Executions under Greg Abbott, Jan. 21, 2015-present----19

Executions in Texas: Dec. 7, 1982----present-----537

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

20---------June 2-------------------Charles Flores--------538

21---------June 21------------------Robert Roberson-------539

22---------July 14------------------Perry Williams--------540

23---------August 23----------------Robert Pruett---------541

24---------August 31----------------Rolando Ruiz----------542

25---------September 4-------------Robert Jennings-------543

26---------October 19---------------Terry Edwards---------544

(sources: TDCJ & Rick Halperin)






PENNSYLVANIA:

DA seeks to bar insanity defense in trooper ambush case----The latest of many 
pretrial motions says Eric Frein's lawyers did not tell prosecutors about 
insanity plan


Pike County District Attorney Ray Tonkin wants to bar attorneys for accused 
trooper killer Eric Matthew Frein from presenting an insanity defense. Tonkin's 
motion, filed April 1, states that under state law, a defendant who intends to 
claim insanity or mental infirmity must advise prosecutors the claim will be 
raised.

"If a defendant in a criminal case seeks to use a mental health defense, they 
are required to file notice, and then the prosecution has an opportunity to 
have the defendant examined by an expert," Tonkin said. "Without the proper 
notice being filed, the prosecution is not able to have the defendant examined 
by another expert."

The time frame for filing pretrial motions is 30 days, Tonkin said. In this 
case, the defense received several extensions.

Frein's attorneys, William Ruzzo and Michael Weinstein, filed several pretrial 
motions in February and March, but have yet to file notice of an insanity 
defense. Ruzzo and Weinstein did not return a call for comment.

According to Tonkin's motion, any evidence of insanity or mental retardation 
should be excluded because the 30-day time frame ended in February. Frein's 
attorneys have yet to file notice of an intent to use an insanity defense.

Miranda violation alleged

Frein, 32, of Canadensis, is charged with killing Cpl. Bryon K. Dickson II of 
Dunmore and seriously wounding Trooper Alex T. Douglass of Olyphant during an 
ambush on Sept. 12, 2014, outside the Blooming Grove barracks. After a 48-day 
manhunt that stretched across Pike and Monroe counties and involved hundreds of 
local, state and federal officials, authorities captured Frein on Oct. 30, 
2014.

Frein is charged with 1st-degree murder of a law-enforcement officer, criminal 
attempt to commit 1st-degree murder of a law-enforcement officer, terrorism and 
threatening to use weapons of mass destruction, among other charges. Frein 
pleaded not guilty and is being held in the Pike County Correctional Facility 
without bail. Tonkin is seeking the death penalty.

On March 15, attorneys Ruzzo and Weinstein filed a motion asking Judge Gregory 
Chelak, who is presiding over the case, to move the trial out of Pike County or 
bring in a jury from another county due to the extensive pretrial publicity in 
the case. Frein's attorneys also filed motions on Feb. 17, asking the judge to 
suppress statements Frein made to police following his arrest.

According to Frein's attorneys, police violated Frein's Miranda rights against 
self-incrimination when they continued to question him after he refused to sign 
a waiver of his rights and told officers he did not want to discuss "any 
crime." This was after Frein informed police of where he had stashed some 
rifles while on the run.

A motion challenging the constitutionality of the death penalty was also filed 
by Frein's attorneys. Judge Chelak will take the defense and prosecution 
motions under advisement and issue a ruling at a later date.

According to Tonkin, the hearing on the motions to suppress statements made by 
Frein to police following his arrest and the constitutionality of the death 
penalty is scheduled for April 19. The hearing on the change of venue/venire 
motion is scheduled for June 3, Tonkin said.

Also, a May court date is expected, but according to Tonkin, that date is 
likely to change.

(source: pikecountycourier.com)






GEORGIA:

New Play ABout Troy Davis Shows Both Sides----"Beyond Reasonable Doubt: The 
Troy Davis Project" examines both sides of this controversial death penalty 
case.


A new play opening Friday at Synchonicity Theatre provides an unusual take on 
the Troy Davis death penalty case, which gained international attention in 
2011.

"Beyond Reasonable Doubt: The Troy Davis Project" presents directly conflicting 
opinions of the case equally. One act points to his guilt, while the other act 
points to his innocence.

"A lot of times, audience members are told what to believe, and I think that's 
a very easy position to take," said playwright Lee Nowell. "But I think 
audience members are smart enough to make their own decisions."

"Why not take a position as the playwright?" asked 11Alive's Jennifer Leslie.

"What I was interested in was the polarizing aspect of the case and the fact 
that everyone took a side," Nowell added.

Nowell admits she became obsessed with the Davis case as defense attorneys and 
protestors tried to stop his execution 5 years ago.

Davis was convicted and sentenced to death for killing Savannah Police Officer 
Mark MacPhail in 1989.

The play is not a biography. Troy Davis is not a character. But it's based on 
facts.

"Nothing in the play has been invented," Nowell added. "Other than the 
fictional characters through whom the story plays out, nothing has been 
invented, changed, spun. Nothing."

She approached this play like a journalist, going through 2,000 pages of trail 
testimony and witness recantations.

She also interviewed many of those directly involved in the case.

To keep the play balanced, Nowell insisted on something unusual. Acts 1 and 2 
alternate order each night.

"The only way I could come up with it being a complete balance is to tell it in 
a different order every night, because the order in which you receive 
information really determines what you believe about something," Nowell said.

Another unusual twist is that every performance will be followed by a 
discussion with the audience.

The play runs from Friday through May 1.

(source: WXIZ news)






FLORIDA:

Death penalty defendant complains to judge about 'long' case


Testimony in the death penalty trial of Vahtiece Kirkman ground to a halt today 
as prosecutors struggled with 1 witness on the stand and worked to locate 
another needed for testimony.

That 2nd witness - who later said he was afraid for his life - was later 
located and brought into the courtroom in chains as a judge ordered him held in 
custody overnight until his testimony was delivered to jurors.

Prosecutors are seeking the death penalty for Kirkman in connection to the 2006 
disappearance and death of 22-year-old Darice Knowles, a Bahamian national 
visiting friends in Cocoa.

Testimony began Tuesday with jurors hearing testimony from DNA experts who 
identified Knowle's remains.

Knowles, whose parents were also present for the trial, was buried alive in 
concrete. In 2010, her skeletal remains were encased in dirt and concrete in a 
heavily-wooded area of State Road 524 in Cocoa.

And in another bizarre twist, Kirkman, 37, stood at the defense table and gave 
a rambling statement about the length of time it's taken prosecutors to bring 
the case to trial.

"You know it's been a long two weeks," Kirkman told Circuit Court Judge Jeffrey 
Mahl, after the jury had been dismissed for the day. "(The state) done had ten 
years...my family, my grandmother is 80 years old, she can't take much 
more...everybody is ready."

Kirkman also complained that he had a hernia, was on medication for his broken 
arm and was in "a lot of pain."

Mahl, who issued a writ for authorities to bring in the missing witness, gave a 
Kirkman a terse response.

"Bottom line, we'll go forward," Mahl said. Earlier in the week, Kirkman told 
the judge that he believed his defense attorney, Frank J. Bankowitz, was 
sleeping at his side during testimony. Bankowitz denied the claim, which 
brought another delay in the case, saying instead that he had hung his head 
down because he had 'a splitting headache.'

The distractions, however, weren't enough to keep prosecutors from presenting 
much of their case to jurors. Investigators said Kirkman plotted to kill 
Knowles after learning she went out on a date with a Cocoa police officer.

He was afraid the former beauty contestant would tell the officer about his 
role in another 2006 homicide. Prosecutors said he then kidnapped and buried 
Knowles alive, in concrete, with help from her boyfriend, Christopher Pratt.

Later, jurors were sent home for the day as prosecutors worked to find a 
witness named Pete Ewer. By 2 p.m., courtroom deputies led a shacked Ewer, a 
concrete worker from the Rockledge area, into the courtroom. When asked why he 
failed to turn up for testimony, Ewer raised concern about his safety.

"I have family back home. He got family back home. We got family in Cocoa. 
There's nobody to protect me," Ewer told the judge. "I'm scared for my life. I 
don't know who might be behind the bush."

Mahl ordered Ewer held until Friday when he is expected to testify. "You're 
necessary for this trial," Mahl told Ewer. Assistant State Attorney Respess 
wouldn't speak directly on Kirkman's rants or the state's difficulties with its 
witnesses but said the case has taken four years to get to court for several 
reasons.

"He was indicted in 2012 when we got genetic confirmation it was the victim. 
He's also had 2 attorneys. That's basically it," he said.

Respess said the state plans to rest its case tomorrow.

The trial will last into next week. Jurors will then decide whether to 
recommend the death penalty or life in prison for Kirkman.

(source: Florida Today)

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

Brevard death penalty trial grinds to a halt


The death penalty trial of Vahtiece Kirkman ground to a halt today as 
prosecutors struggled with one witness on the stand and worked to locate 
another needed for testimony.

Prosecutors are seeking the death penalty for Kirkman in connection to the 2006 
disappearance and death of 22-year-old Darice Knowles, a Bahamian national 
visiting friends in Cocoa. Testimony began Tuesday.

Kirkman, 37, also stood and made a rambling statement about the time it's taken 
to bring the case to court.

"You know it's been a long two weeks," he told Circuit Court Judge Jeffrey Mahl 
after the jury had been dismissed for the day. "(The state) done had ten 
years...my family, my grandmother is 80 years old, she can't take much 
more...everybody is ready."

He also complained that he had a hernia and was in "a lot of pain."

Mahl, who is allowing prosecutors time to find the missing witness, gave a 
Kirkman a terse response after his 1st statement.

"Bottom line, we'll go forward," Mahl said.

Investigators said Kirkman plotted to kill Knowles after learning she went out 
on a date with a Cocoa police officer.

He was afraid the former beauty contestant would tell the officer about his 
role in another 2006 homicide. Prosecutors said he then kidnapped and buried 
Knowles alive, in concrete, with help from her boyfriend, Christopher Pratt.

Earlier this week, Kirkman also accused his defense attorney of sleeping on the 
job, prompting the judge to take a statement on the stand from the attorney.

Assistant State Attorney Respess wouldn't speak directly on Kirkman's rants but 
said the case has taken 4 years to get to court for several reasons.

"He was indicted in 2012 when we got genetic confirmation it was the victim. 
He's also had 2 attorneys. That's basically it," he said.

Respess said the state plans to rest its case tomorrow.

The trial will last into next week. Jurors will then decide whether to 
recommend the death penalty or life in prison for Kirkman.

(source: Florida Today)






ALABAMA:

Alabama senators have voted to establish an innocence commission to review some 
capital convictions


Senators on Thursday voted 20-6 for the bill, sending it to the House of 
Representatives. Under the narrowly tailored-bill, the panel would review new 
evidence in death row cases that hadn't previously been heard by a court.

Republican Sen. Dick Brewbaker, the bill's sponsor, said he supports the death 
penalty, but the state should make sure people are guilty.

The legislation was inspired by the case of a death row inmate Bill Kuenzel who 
was convicted of the 1987 murder of a Sylacauga convenience store clerk.

Kuenzel's lawyers say they have new evidence that creates doubts about his 
guilt, but have been unable to raise it in court because of a missed deadline.

(source: Associated Press)






MISSISSIPPI:

Witnessing an execution proves to be wrenching


Now that we've strapped pistols on ushers in churches, it???s only natural that 
we talk about firing squads to take care of business at Parchman???s death row.

Gov. Phil Bryant says he's all for it if lawmakers put the question on his 
desk. As the 2016 legislative session moved closer to its end the boom-boom 
option was still in play in the meat grinder up at our state Capitol.

A few details need to be worked out. For instance, is this going to be a 
circular firing squad? Certainly, we've seen a bunch of Republican presidential 
hopefuls practicing that art on each other.

Should the execution scheme - stuck as an amendment into a sorta' 
well-intentioned Senate bill as it sailed through the House - be written into 
Mississippi law?

Of course, the National Rifle Association, revered here in the Magnolia state, 
would have to be consulted on what type of ammunition, how many shooters and 
what type of guns and ammunition are needed.

In its long history of imposing the death penalty. Mississippi has used 
hangings, the electric chair and a gas chamber to do the job. I personally 
watched close up the last electric chair execution, in the early 1950s, before 
the gas chamber made its initial appearance in 1955.

I saw both methods implemented.

The electric chair was a wood framed contraption right out of the Middle Ages 
with electric wires dangling from it. To put a convicted felon to death, the 
chair (with its electric generator) was transported to the courthouse where the 
prospective occupant was tried and convicted, then set up in front of the 
judge's bench. Seats in the courtroom were filled with both family of the 
victim and the sheriff's invited guests. The state executioner threw the 
electric switch to send death-dealing current through the victim's body. Yes, 
the odor of burning flesh was easily detectable in the courtroom.

For years, many legislators realized a more humane execution had to be found. 
Finally in a 1954 special session a bill putting a gas chamber at Parchman was 
passed. I was one of the handful of reporters invited to see the chamber first 
used in the fall of 1955 to kill a really hardened white criminal, Gerald 
Gallego, a former Californian convicted of shooting an Ocean Springs constable 
in the head as the officer knelt and pleaded for his life.

A batch of cyanide tablets were to be released by the executioner down a small 
chute into a pot of acid. The 1st fumes rising from the acid to the prisoner's 
nose, we were told, would deaden Gallego's senses and within 10 minutes he 
would be dead. Trouble is, the man's head kept going back and forth, pounding 
into a metal pipe.

Chaos reigned for at least 15 minutes until it was found that only a few of the 
cyanide pellets had been released, Another pull on the lever and down the 
pellets came. In 15 minutes Gallego was dead. Watching this whole scene play 
out as I looked through the thick glass not more than 8 feet from the man's 
bobbing head instantly cured me of witnessing anymore executions, even if they 
were part of my job.

(source: djournal.com; Syndicated columnist BILL MINOR has covered Mississippi 
politics since 1947)






LOUISIANA:

Bill to guarantee public defender funding advances in House


A Thursday debate on public defender funding had one lawmaker questioning the 
cost of Louisiana's death penalty.

Winnsboro Rep. Steve Pylant, a Republican, says he's not sure it justifies the 
$10 million that capital defense services receive annually.

He spoke during discussion about a proposal to reconfigure the state Public 
Defender Board and specifically allocate 65 % of its annual budget to local 
public defenders. The House criminal justice committee voted 10-2 to send the 
proposal to the House for debate.

Supporters of the redesign call the capital program too costly. Opponents say 
the mandated percentage would take away from important work instead of fixing 
Louisiana's underfunded criminal defense system.

Albany Rep. Sherman Mack, a Republican, calls his bill "a work in progress."

House Bill 818: www.legis.la.gov

(source: Associated Press)