[Deathpenalty] death penalty news----GA., IND.

[Rick Halperin]

April 12



GEORGIA----impending execution

Supreme Court last hope for Kenneth Fults


Kenneth Fults is an African-American man facing execution today in Georgia, 
USA. During the trial, his lawyer omitted vital evidence about Kenneth's 
childhood and intellectual abilities, and was caught sleeping during court 
proceedings. A few years later, 1 of the jurors signed a sworn statement in 
which he said he voted for the death penalty because 'that's what the n***** 
deserved.'

Kenneth's trial was heavily flawed by racial bias and legal inadequacies - the 
odds have been stacked against him at every level.

Tens of thousands of you have taken action to save Kenneth, but yesterday his 
clemency hearing was denied.

At this stage there is nothing more that we can do. His final hope of living is 
a last minute appeal to the Supreme Court - due to be heard today. If it fails, 
he will be executed at 7pm (EDT).

About the case

In May 1997, Kenneth Fults pleaded guilty to the murder of Cathy Bounds - shot 
at her home on 30 January 1996. After a 3-day sentencing hearing, the jury 
voted to sentence Kenneth to death.

8 years later, one of the jurors from the sentencing signed a sworn statement 
admitting that he voted for the death penalty out of racial prejudice:

'I don't know if he ever killed anybody, but that n***** got just what should 
have happened. Once he pled guilty, I knew I would vote for the death penalty 
because that's what the n***** deserved.'

When evidence of racist motivation among the jury was raised at an appeal 
hearing, the state argued that it was too late to review the issue and 
Kenneth's death sentence should stand.

After 19 excruciating years on death row, Kenneth's execution is now imminent. 
He is due to be executed on 12 April 2016.

Lawyer asleep during court

Former jurors on the case have since signed affidavits saying that Kenneth's 
trial lawyer made little effort to save his client from the death penalty, and 
shockingly was seen to be asleep during the proceedings.

'Mr Fults's lawyer ... was uninterested in what was happening, and it seemed 
like something was wrong with him. I saw him fall asleep repeatedly during the 
trial, and he would wake up, startled, when it was his turn to examine 
witnesses. I saw him sleeping off and on throughout the whole trial.'

Former juror on Kenneth Fults' case

A childhood of neglect

The jury heard some mitigating evidence - that Kenneth was a man with a very 
low IQ who suffered from depression and an inability to always understand the 
consequences of his actions - but they did not get the full story.

His lawyer, Mr Mostiler, failed to give any background on Kenneth's childhood 
of neglect and abandonment - born to a 16-year-old mother who later became 
addicted to crack cocaine.

'I don't believe he had a fair trial. Mr Fults's current lawyers have told me 
about how Mr Fults was neglected and abandoned as a child and that he is 
mentally retarded. Mostiler didn't bring this up at trial and he should have, 
so that we would have known more about Mr Fults before we talked about whether 
to give him the death penalty.'

Another former juror on Kenneth Fults' case

In 2006, a clinical psychologist assessed Kenneth as having an intellectual 
disability, with a low IQ. International law bans use of the death penalty on 
people with mental or intellectual disabilities.

(source: Amnesty International UK)






INDIANA:

Court upholds southern Indiana man's 2nd death sentence


The Indiana Supreme Court has upheld the death sentence for a southern Indiana 
man convicted of fatally strangling a woman whose body was found buried in his 
backyard.

The court on Tuesday unanimously ruled the death penalty is appropriate for 
58-year-old William Clyde Gibson III. The New Albany man pleaded guilty in the 
2012 slaying of 35-year-old Stephanie Kirk of Charlestown.

Kirk's body was discovered after Gibson's arrest in the death of 75-year-old 
family friend Christine Whitis. Gibson also faces the death penalty in that 
slaying. He also was sentenced to 65 years in prison for the murder of Karen 
Hodella, 44, of Port Orange, Florida.

Gibson attorney Steven Ripstra said he hadn't seen Tuesday's ruling yet but 
likely would appeal 1 or 2 issues to the U.S. Supreme Court.

(source: Associated Press)