[Deathpenalty] death penalty news----TEXAS, PENN., FLA., S. DAK., N. MEX., CALIF.

Fri Aug 26 14:11:38 CDT 2016

Aug. 26

TEXAS:

Man accused in Spring family massacre will face death penalty

A man charged with capital murder in the execution-style shootings of 6 members 
of a Spring family in 2014 will face the death penalty, according to attorneys 
connected to the case.

Ronald Haskell, 36, of Utah, is set to stand trial in the fall of 2017, 
according to Harris County Assistant District Attorney Kaylnn Williford.

Prosecutors and defense attorneys updated state District Judge Kent Ellis 
during a court hearing Friday, but Haskell did not appear in court.

Outside the courtroom, defense attorney Doug Durham confirmed reports of 
Haskell's mental health issues and said those problems would likely be part of 
the defense. He said little else about the defense or mitigation.

Haskell is accused of slaying Katie and Stephen Stay and their children Bryan, 
13; Emily, 9; Rebecca, 7; and Zach, 4. Another daughter, Cassidy, 15, also was 
shot, but survived.

The case made national headlines after Haskell, disguised in a FedEx uniform, 
allegedly pushed his way into the Stay residence where Cassidy Stay was home 
alone. He then bound the teen, and other members of the family as they arrived 
home. Haskell demanded to know the whereabouts of his ex-wife, Katie Stay's 
sister, then shot them all in the head.

Investigators said Haskell was trying to find out the location of his estranged 
ex-wife, a woman who apparently left him after several episodes of domestic 
violence.

On his initial appearance in court 2 days after the shooting on July 9, 2014, 
Haskell collapsed as an assistant district attorney described the crime he is 
accused of committing.

After that, Durham outlined a possible insanity defense, saying Haskell 
suffered from mental illness, and was not on his medication when the crime 
occurred.

Haskell remains in the Harris County Jail without bail.

(source: Houston Chronicle)

PENNSYLVANIA:

Bucks Murderer's Death Sentence Reaffirmed; Retrial Denied: DA ----A Bucks 
County man convicted of a brutal slaying in 1987 will not be allowed a retrial 
and will return to death row, the DA said.

A convicted Bucks County murderer has had his appeal for a third trial 
rejected, the District Attorney's Office announced Thursday.

Richard Laird, 52, was convicted in the 1987 killing of Anthony Milano, 26, 
just months after the incident, the DA said.

Laird and an accomplice, Frank Chester, were at the Edgley Inn in Bristol 
Township when they began taunting Milano, an aspiring artist, calling him a 
homosexual, authorities said.

The 3 left the bar together in a car. Shortly thereafter, Laird and Chester 
pulled the car over, beat Milano, and slashed his knife with a box cutter, 
killing him, the DA said.

Chester is serving life in prison. Laird was sentenced to death, but appealed 
and was given a second trial, where he was again sentenced to death. He now 
attempted to earn a third trial, which a federal judge has rejected, on the 
grounds that his rights were violated during the trial, the DA said.

"The Commonwealth is pleased that Richard Laird's federal appeal was denied by 
the District Court," said First Assistant District Attorney Michelle Henry, who 
successfully prosecuted Laird at his 2007 retrial. "The death penalty is 
appropriately reserved for only the most heinous murders and the cold-blooded 
criminals who commit them. Richard Laird has twice been found by separate 
juries to be deserving of this ultimate punishment, which makes the court's 
decision very gratifying."

Milano was an aspiring artist at the time of his death.

(source: patch.com)

FLORIDA:

Florida Prosecutor Smears Mother Of Murder Victim Because She Opposes The Death 
Penalty

This week, one of the deadliest prosecutors in the country accused a murder 
victim's mother of not grieving appropriately. State Attorney Angela Corey of 
Jacksonville, Florida took to the airwaves to say the mother, who opposes the 
death penalty for her child's killer, is "more interested in publicity than 
actually grieving for her daughter."

As early as February, Darlene Farah of Jacksonville has pushed for a life 
sentence instead of death for James Rhodes, a 24-year-old black man who 
murdered her daughter. Farah's fought Corey tooth and nail to keep Rhodes 
alive, and asked lawmakers to require a unanimous jury decision before carrying 
out an execution. But according to the state attorney, Farah is doing all of 
this out of self-interest.

"It is a constitutional duty to consult with the victim, but the victim does 
not tell the state attorney what sentence should be imposed in any case," Corey 
told 104.5 WOKV. "We give their feelings great weight, and we have done that 
with the very vocal Darlene Farah, who appears to be more interested in 
publicity than actually grieving for her daughter."

Rhodes has yet to be sentenced because of a temporary halt on death penalty 
sentences that went to effect in the beginning of the year. In January, the 
Supreme Court ruled that Florida's death penalty law was unconstitutional 
because judges were allowed to overrule juries to sentence a defendant to 
death. Several more states' death penalty laws have since been challenged or 
struck down in response to that ruling.

Corey's accusation comes 6 months after her office tried to manipulate Farah's 
teenage son, Caleb, into supporting Rhodes' execution. To drive a wedge between 
Caleb and his mother, one of Corey's prosecutors showed him footage of his 
sister's murder. The teenager temporarily supported the death penalty upon 
seeing the video, but he ultimately changed his mind and gave his support for a 
life sentence.

"If there were a victim's family out being as vocal and publicity-seeking as 
Darlene Farah has been on this case demanding that I seek the death penalty in 
a case where it were inappropriate, I would not do that," Corey told WOKV. 
"Likewise, the fact that she is out vocally and publicly, very publicly, 
continued to demand that I do not seek the death penalty in this case, I am 
saying that I will still do my job and follow the law in the state of Florida."

She added that other victims are "quietly waiting for justice to take its 
course."

Farah responded with disgust. "How can you say something like that? I've been 
back and forth before I even went public with me not wanting the death penalty 
for about a year and a half," Farah told WOKV. "It's not about the publicity, 
it's about what's in the best interest for my children."

Jacksonville is housed in Duval County, one of the deadliest places in the 
country for people convicted of murder. Between 2010 and 2015, 16 people there 
were sentenced to capital punishment, making Duval one of less than 20 counties 
that handed out more than 5 death sentences from 2010 to 2015. Between 2009 and 
2014, 21 people were sentenced to die - 14 of whom were black.

As the district's state attorney, Corey is the primary advocate for those 
sentences, making her one of the deadliest prosecutors in the country. She is 
now up for re-election, and according to local polls, is expected to lose by a 
landslide.

(source: Carimah Townes, Criminal justice reporter at ThinkProgress)

SOUTH DAKOTA:

Attorneys want to know if death penalty is on table in casino killing

Attorneys for a suspect charged with killing a man outside of a Sioux Falls 
casino want to know if prosecutors are seeking the death penalty.

Jared Jerome Stone's attorneys last month filed a motion asking the court to 
set a deadline for prosecutors to say if they intend to seek the state's 
harshest penalty.

"(Stone) will be denied a fair trial if he is not given sufficient time to 
prepare for the pre-sentence hearing," his attorneys wrote in court filings, 
adding death penalty cases require an "enormous" amount of time and 
investigation.

Court documents allege Stone gunned down Baptiste Paul White Eyes in the 
parking lot of the Lucky Lady Casino, shooting him in the head after a verbal 
altercation in the casino and a physical altercation outside.

Stone is facing 1st- and 2nd-degree murder charges.

Minnehaha County State's Attorney Aaron McGowan declined to comment on the 
direction the case will go, citing pending litigation. However, he provided 
insight on the factors he considering.

In the last 2 decades, he only recalled 2 cases where his office sought the 
death penalty - Daphne Wright and James McVay.

Wright killed and dismembered Darlene Vander-Giesen in 2006 with a chain saw. 
She was sentenced to life in prison in 2007.

James McVay was sentenced to death in the brutal stabbing of 75-year-old 
Maybelle Schein. He hung himself in his cell while on death row.

"Obviously this office is very selective in seeking the death penalty on Class 
A felonies," McGowan said in an email.

South Dakota state law outlines the factors a case needs to have in order to 
seek the death penalty. Among them:

-- If the offense was committed by a person with a prior record of conviction 
for a Class A or Class B felony, or the murder was committed by a person who 
has a felony conviction for a crime of violence.

--If the defendant knowingly created a great risk of death to more than one 
person in a public place by means of a weapon or device which would normally be 
hazardous to the lives of more than one person

--If the defendant committed the offense for the benefit of the defendant or 
another, for the purpose of receiving money or any other thing of monetary 
value.

McGowan said if cases fail to the meet any of the conditions outlined in state 
law, consideration stops.

If a case starts to meet the condition needed for the death penalty, another 
process is triggered. McGowan said he will consider the wishes of the victim's 
family. The circumstances surrounding the case will also be considered, the 
likelihood of the jury returning a unanimous verdict of death, among other 
factors.

"In cases where the death penalty may be imposed, a jury - or judge if a 
defendant waives his or her right to a trial by jury - must find the defendant 
guilty of 1 of the aggravated circumstances beyond a reasonable doubt and 
unanimously vote in favor of a verdict of death," McGowan said.

(source: Argus Leader)

NEW MEXICO:

Return of death penalty would be step backward for New Mexico

Murdered police officers and murdered children are a tough backdrop in which to 
argue against the death penalty.

But a return to it, after former Gov. Bill Richardson successfully oversaw its 
abolishment, would be a step in the wrong direction for New Mexico. It was in 
2009 when the state added its name to a progressive national movement. 
Richardson signed legislation to repeal the death penalty and replace it with 
life in prison without parole. It was the right move then, and it still is 7 
years later.

But Gov. Susana Martinez wants to reinstate it, and she's looking to next 
year's legislative session to do it. Details haven't been drafted, but it 
appears her proposal might only apply to child killers and those who murder law 
enforcement.

New Mexico residents, at least at first glance, seem to be in favor of 
Martinez's move. An online poll by The Taos News (still active at taosnews.com) 
shows a majority of respondents in support of the death penalty's return. A 
fair amount think it's the wrong move. Some are undecided. The New Mexico 
Political Report released results of a commissioned poll this week showing 
similar results - 59 % support it, 34 % support current penalties of life in 
prison and restitution for families and 8 % are undecided.

Some of the pro-sentiment is likely because of the death of Hatch Police 
Officer Jose Chavez, 33, who was shot during a traffic stop and died Aug. 12. 
Some of the support for its return is likely due to the kidnapping and death of 
Ashlynne Mike, 11, in Shiprock, who was murdered last spring. Both of those 
cases have been cited by Martinez.

But here's the political rub and the reason there are skeptics and cynics.

The Martinez administration has often been described as acerbic and harsh. 
Harsh in its dealings with New Mexico teachers. One that's had a caustic 
relationship with the media. It's been an administration that spins and 
downplays pressing issues the state is facing. Issues like the current budget 
shortfall, teacher pay, dismal child well-being rankings, the reduction in 
behavioral health options and high crime rates and police brutality issues - 
especially in the state's most populous city, Albuquerque. She's never been a 
fan of Richardson and his actions as governor, either.

It's part of the reason why the move feels more like a distraction than an 
issue that should land on the forefront of the ever-important 60-day session.

Martinez is a former prosecutor. These issues are familiar territory. She's 
worked with law enforcement for much of her career and has successfully 
prosecuted scores who committed crimes against children. But even in the face 
of recent horrific murders, the governor and her administration must prioritize 
by tackling job growth, the economy, crime and education.

New Mexico should stay in the company of 19 other states with no death penalty 
laws and a continuing national movement that includes 4 other states that have 
abolished capital punishment. Reinstating it would be a step backwards for an 
already-struggling New Mexico.

(source: Opinion, The Taos News)

USA:

US judge says death penalty retrial could last 16 weeks

The federal judge who will be hearing the death penalty retrial of a man 
charged with killing a Vermont woman in 2000 says the trial could last 16 
weeks.

In an order filed Thursday in U.S. District Court, Judge Geoffrey Crawford told 
attorneys for Donald Fell and prosecutors they should be available for the 
trial from March to June.

Fell was convicted in federal court in 2005 and sentenced to death for the 2000 
killing of Terry King, but his conviction was overturned.

Prosecutors say King was abducted as she arrived for work at a Rutland 
supermarket and later killed.

Fell's attorneys have asked Crawford to rule the death penalty 
unconstitutional, but he has not yet ruled.

Meanwhile, Crawford has been ruling on a number of motions.

(source: Associated Press)