[Deathpenalty] death penalty news----PENN., IDAHO

[Rick Halperin]

Aug. 25



PENNSYLVANIA:

More evidence for Pa. to abolish death penalty


Justice has finally come for James "Jimmy" Dennis. Twenty-four years ago, 
Dennis was convicted and sentenced to death for the murder of 17-year-old 
Chedell Williams. But the jury wasn't presented with all the facts of the case.

The U.S. Third Circuit Court of Appeals ruled Tuesday that during Dennis's 
original trial, the prosecution purposefully suppressed evidence that would 
have proven Dennis's innocence, an unconstitutional and unjust act. While a 
long appeals process still stands between Dennis and his freedom, this decision 
marks a huge victory for him and death penalty abolitionists everywhere.

Over the years, reforms have been made to America's death-penalty system, and 
none were able to prevent Dennis from ending up on death row. The state could 
have easily executed Dennis at some point during his nearly 
quarter-of-a-century-long ordeal. Fortunately, they didn't, and he lived to 
witness justice on his behalf.

While this was the case for Dennis, others may not be so lucky. The only way to 
ensure that another innocent man like Dennis isn't executed is to abolish the 
death penalty, a system that feeds on revenge, hate, and anger. It is our 
responsibility as citizens of the free world to stand up against injustice when 
we see it, and this is certainly not an injustice about which we can keep 
quiet.

I am a firm believer (as I'm sure Dennis is, too) that the death penalty is not 
worth the killing of even 1 innocent person.

Emilie Henry

Lafayette College, class of 1919

Easton

(source: Letter to the Editor, Express-Times)






IDAHO:

Defender: Seeking death penalty a financial move ---- Prosecution pursuing 
death penalty in killing of Sgt. Moore


Kootenai County Public Defender John Adams will argue next week in district 
court that prosecutors were motivated by financial reasons to seek the death 
penalty for the man accused of killing Coeur d'Alene Police Sgt. Greg Moore.

Jonathan Renfro, 28, allegedly admitted to shooting Moore in a Coeur d'Alene 
neighborhood on May 15, 2015, and the Kootenai County Prosecutor's Office filed 
paperwork in court last January stating its intention to ask for the death 
penalty. Adams, in multiple legal briefs filed in Kootenai County District 
Court, alleges the decision to pursue capital punishment was motivated by 
financial reasons, since the state has a fund set up to help reduce trial costs 
in counties trying such cases.

Idaho's Capital Crimes Defense Fund was established by the state Legislature in 
1998 and allows counties to dip into a statewide fund to recoup some of the 
costs associated with death penalty trials, primarily through the reimbursement 
of wages paid to attorneys on the case. Every county, with the exception of 
Jefferson County, participates in the voluntary program, and a 2013 study by 
the Idaho Legislature found 11 counties have been reimbursed more than $4 
million since 1998.

"...The existence of the CCDF permits this court to find that there is a clear 
financial benefit to the county when it pursues the death penalty," Adams wrote 
in a brief filed Aug. 5. "As to the interest of the taxpayer, first, the 
prosecutor's duty is to the county, not the taxpayer, and 2nd, clearly 
spreading the cost of a death penalty case over the entire population of Idaho 
lessens the burden upon taxpayers in Kootenai County considerably."

However, the county prosecutor's office has filed multiple briefs in opposition 
to Adams' motion asking the court to preclude the death penalty from Renfro's 
potential punishments. In a brief published on July 27, Kootenai County Deputy 
Prosecutor David Robins wrote there is no evidence to prove Adams' assertions, 
which Robins called "unsound fabrications."

"From the defendant's slanted argument, he would have this honorable court 
believe he is a victim of some unfeeling financial calculus, meting out life 
and death based on financial considerations alone," Robins wrote. "He is no 
such victim. He is the perpetrator of an extraordinarily callous and 
cold-blooded murder. The defendant's eligibility for capital sentencing is not 
the product of financial concern - rather, his eligibility is the product of 
Idaho law, his actions, his reprehensible history of violence, the brutal 
nature of his crime, and the goals of justice."

Adams, according to court briefs, will argue the additional funding provided by 
the CCDF is a violation of Renfro's rights under the Eighth Ammendment because 
it brings in a factor other than the incident itself for prosecutors to 
consider when pursuing punishment.

"The prosecutor's quandary is not his fault but that of the state Legislature 
in creating a moral hazard by financially incentivizing death," Adams wrote.

Renfro is charged with 1st-degree murder, grand theft, removing a 
law-enforcement officer's firearm, concealing evidence, robbery and eluding 
police.

Moore had stopped Renfro in the middle of the night as he walked down the 
sidewalk of the neighborhood, an area targeted by car prowlers at the time. 
Moore reportedly called in Renfro's driver's license information over the radio 
shortly before the shooting. Renfro is also accused of stealing Moore's gun and 
patrol car after the shooting.

On Aug. 31, Kootenai County District Court Judge Lansing Haynes will hear both 
sides of the argument and make a determination as to whether prosecutors will 
be allowed to pursue the death penalty. All 3 Kootenai County commissioners, 
County Treasurer Steve Matheson, and County Clerk Jim Brannon were issued 
subpoenas requiring them to be present at the hearing.

"You are further commanded to provide the following documentary information and 
evidence on the date and time as indicated above: Documentation of funding and 
budgeting for capital cases in general for the past 3 years and for the 
prosecution of the Renfro case from its inception," the subpoena states.

Adams is also prepared to challenge, at the same hearing, the constitutionality 
of what he calls "Idaho's death penalty scheme."

(source: cdapress.com)