[Deathpenalty] death penalty news----TEXAS, PENN., ALA., IND., S.DAK., COLO.

[Rick Halperin]

Dec. 15



TEXAS:

Accused killer's lawyer is using former Dallas DA's mental illness in an 
attempt to torpedo case


A Dallas defense attorney is using the mental illness of former District 
Attorney Susan Hawk in an attempt to change the course of a legal case that 
could end with his client's execution.

Mentally ill Army veteran Erbie Bowser is accused of killing 4 - including his 
estranged wife and girlfriend - and wounding 4 others with a hand grenade and 
by firing a gun until he ran out of bullets.

Hawk sought the death penalty in his case before she resigned to focus on her 
mental health. Jury selection is supposed to begin in January.

Bowser's attorney says in a court records filed this week that Hawk's public 
statements "diminishing the significance of mental illness" made her the wrong 
person to decide whether to seek the death penalty against a man who suffers 
from mental health problems. He is hoping incoming District Attorney Faith 
Johnson will see the case differently and is asking the judge to delay the 
case.

It's unclear whether more attorneys will use Hawk's mental illness, which 
caused erratic behavior and frequent absences, in their own cases.

Bowser's attorney, Brad Lollar, declined to comment but wrote extensively about 
his concerns in court records.

"And despite her personal struggles, Judge Hawk repeatedly diminished the 
significance of mental health in public statements, referring to it as a 
'crutch' and an excuse," Lollar wrote in a court filing.

"Hawk's public statements diminishing the significance of mental illness 
particularly calls into question whether she could fairly exercise discretion 
to seek the death penalty in this case, where a central mitigating circumstance 
is Mr. Bowser's own lengthy and well-documented history of mental illness," he 
wrote. Johnson on Wednesday expressed an interest in speaking to Lollar about 
the case. She will be sworn in Jan. 2.

"I heard the defense attorneys were wanting to speak with me, and I'm waiting 
to be contacted," she said.

The DA's office, currently run by First Assistant District Attorney Messina 
Madson, did not respond to a request for comment. Hawk could not immediately be 
reached for comment.

Prior to Hawk's resignation, she strived to be district attorney and to get 
mental health treatment. But she was hospitalized 3 times while in office. She 
worked fewer than 70 days before she resigned in September.

A hearing in the case is scheduled for Thursday before state District Judge 
Tracy Holmes.

Whether Lollar's motion finds any traction is uncertain. Attorney John Tatum, 
who regularly works on death penalty cases, said he's never seen anything like 
it.

"It's novel. If it saves a guy's life, people would say it has merit," Tatum 
said. "It would definitely be controversial."

Lollar wrote in court records that Dallas prosecutors aren't seeking the death 
penalty in any other pending case, including one where a man is accused of 
stabbing to death his wife, her father and stepfather and injuring his 
sister-in-law.

Special prosecutors, appointed because of a conflict in the DA's office, 
recently offered a plea agreement of life without parole in a case where a man 
is accused of killing three and shooting a fourth in the head, court records 
show. Each was stabbed multiple times.

"Judge Hawk had a personal interest in diminishing the significance of mental 
illness to retain her position as district attorney," Lollar wrote. "Under 
these circumstances, she could not fairly exercise appropriate prosecutorial 
discretion in this case."

Bowser, he said, has not been able to "meaningfully" negotiate a plea agreement 
because Hawk's absences were followed by months without a district attorney.

Night of the murders

The August 2013 rampage began at a Dallas home near West Wheatland Road and 
Mountain Creek Parkway. Police said Bowser killed his girlfriend, 43-year-old 
Toya Smith, and her 17-year-old daughter, Tasmia Allen. Smith's 14-year-old son 
and Dasmine Mitchell, a 17-year-old family friend, were injured.

Police believe Bowser then went to the DeSoto home of his estranged wife, Zina 
Bowser, where he threw a hand grenade into the living room before shooting and 
killing her and a 2nd woman, 28-year-old Neima Williams, police said. The 
explosion blew out the walls and some windows. He also wounded two boys, ages 
11 and 13, before he ran out of bullets, according to police.

When DeSoto officers arrived, Bowser seemed catatonic, giving only his name, 
military rank and a serial number. Police said he was pretending to be one of 
the victims, but his attorney says in court records that the behavior was 
related to his mental illness and medication.

"His behavior indicates dissociation at the time of the arrest and this 
'altered mental status on arrest' is substantiated by observations of emergency 
room doctors at Parkland Hospital. When Mr. Bowser was brought into the 
hospital by police, he was found to be suffering from acute hyponatremia" - low 
blood sodium that in severe cases can cause confusion, loss of consciousness, 
psychosis and hallucinations.

Bowser's mental health

Scans of Bowser's brain taken while he was an inmate at the Dallas County Jail 
show a lesion on his frontal lobe, according to court records. The records 
don't provide any details about the size, exact location or problems such a 
lesion could cause.

"Mr. Bowser's family members recall him suffering from severe headaches 
beginning in junior high school. And beginning in 2001, Mr. Bowser's medical 
records contain well-documented and consistent reports of sleeping problems, 
frequent headaches, recurring nightmares, depression, anxiety hypervigilance 
and nightmares."

He was diagnosed with PTSD and major depression in 2001 and "prolonged 
post-traumatic stress disorder" in 2004 and was taking numerous prescriptions, 
according to court records.

A harassment charge against Bowser was dismissed in the 1990s, and before the 
murders, he was accused of making death threats.

Lollar, Bowser's attorney, wrote in court records that he is also seeking to 
delay the case for other reasons. Those include the need to review a large 
amount of evidence handed over by prosecutors in September and the need for 
more time to find witnesses to testify on Bowser's behalf after the deaths of 
his mother and aunt.

(source: Dallas Morning News)

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

In An Unusual Year For The Death Penalty, Texas Didn't Have The Most 
Executions----Texas didn't have the busiest execution chamber this year. In 
fact, it had the lowest number of executions in 20 years.


Texas - the state that has executed the most people by far since the death 
penalty was reinstated in the United States 40 years ago - had the nation's 
2nd-busiest death chamber this year for the 1st time since 2001. Georgia's 9 
executions in 2016 surpassed the Lone Star State's record-low number of 7. The 
shift came in a year that saw several high-profile U.S. Supreme Court cases 
regarding the death penalty, fights over lethal injection drugs and a 25-year 
low in nationwide executions. Texas has seen decreasing numbers of new death 
sentences and executions in recent years.

"The death penalty landscape in Texas continues to change dramatically," said 
Kristin Houle, executive director of the Texas Coalition to Abolish the Death 
Penalty, in the advocacy group's release of its annual report Thursday. 
"Prosecutors, juries, judges, and the public are subjecting our state's death 
penalty practices to unprecedented scrutiny and, in many cases, accepting 
alternatives to the ultimate punishment."

Only 3 death sentences were handed down by Texas juries in 2016 - all to black 
men, according to the anti-death penalty group's report. Another sentence was 
officially handed down this January after a competency review, but the group 
marked it as a 2015 sentence since the jury sentenced the man last year.

At its peak in 1999, the state had 48 new death sentences. The number dropped 
significantly after 2005, when life without parole became the alternative for 
jurors in death penalty trials, but the past 2 years dipped even more.

"Could it simply mean there are a lot less murders in Texas these last 15 
years, so naturally the number of death-eligible defendants is way down as 
well?" said Robert Kepple, executive director of the Texas District and County 
Attorneys Association, in an earlier email. "That, coupled with life without 
parole option, means less death penalties."

Only 1 trial in Texas this year where prosecutors sought the death penalty 
resulted in the alternative sentence of life without parole, according to the 
annual report. Data from the Texas Department of Criminal Justice shows more 
than 40 others this year were convicted of capital murder and given the lesser 
sentence.

And while fewer new inmates shuffle into cells on death row, fewer are being 
shuffled out to be executed as well.

Since the U.S. Supreme Court reinstated the death penalty in 1976, Texas has 
executed 538 men and women, according to the Death Penalty Information Center. 
That's nearly 5 times as many as Oklahoma, which has the 2nd most at 112. 
Georgia, this year's leader in executions, has 69.

This year, Texas' 7 executions hit the lowest mark since 1996, when executions 
halted amid legal challenges to a new state law intended to hasten the death 
penalty appeals process.

The number would have been higher, but 12 people got relief when courts either 
delayed, halted or rescheduled their executions, the report said. 7 stays of 
execution were handed down by the Texas Court of Criminal Appeals, and 1 was 
given by a federal appellate court.

The U.S. Supreme Court took up a couple of Texas death penalty cases as well 
this year. Duane Buck and Bobby Moore brought their cases to the high court in 
search of getting new sentences. Buck's case focused on racist testimony in his 
trial, while Moore's touched on intellectual disability.

Though the death penalty may appear to be slowing, it is not gone. 9 executions 
have been scheduled in Texas for next year, according to the corrections 
department.

(source: houstonpublicmedia.org)






PENNSYLVANIA:

Accused double murderer facing death, plus new charges


A York-area man charged in a Fawn Township home-invasion double homicide will 
face the death penalty if convicted, according to the DA's Office.

Paul Jackson Henry III also is facing new charges for allegedly fleeing from 
police and ramming a cruiser to avoid arrest.

He is being held in York County Prison without bail, charged with 2 counts of 
homicide, aggravated assault, burglary, robbery and related offenses for the 
Sept. 13 deaths of alleged heroin dealer Foday Cheeks and Danielle Taylor, 26, 
of the Spring Grove area, who was temporarily staying with Cheeks.

In the new case, Henry was arraigned Wednesday by District Judge Laura Manifold 
on charges of aggravated assault, fleeing or attempting to elude police, 
reckless endangerment and reckless driving. The judge set Henry's bail in the 
new case at $100,000, according to court records.

At 10:43 a.m. Sept. 14, state police issued a be-on-the-lookout alert for Henry 
and his wife, Veronique Aundrea Henry, both of whom were wanted in the double 
homicide.

The alleged pursuit: Seven minutes later, a state trooper spotted a vehicle 
matching the description of the Henrys' Nissan Altima on Route 322 at Fishing 
Creek Valley Road, according to charging documents. After verifying it was the 
Henrys through the vehicle registration, the trooper called for backup, turned 
on his lights and siren and tried to pull over the car, documents state.

The Henrys fled westbound on Route 322, at which point another trooper drove 
his cruiser in front of their Nissan, police said.

But Paul Henry hit the gas and rammed the rear of the cruiser, causing it to 
crash, documents allege.

Troopers were then able to stop the Nissan and arrest the Henrys along Route 
322 near the Red Rabbit restaurant near Duncannon, in Reed Township, Dauphin 
County, documents state.

Because the pursuit arose from the York County homicide investigation, troopers 
were given approval by chief deputy prosecutor David Sunday to file the chase 
charges in York County, documents state.

In the double homicide case, Henry, 40, of Canal Road Extended in East 
Manchester Township, is scheduled for formal arraignment Dec. 20 in York County 
Court, court records state.

Facing death penalty: When he's arraigned, his general homicide counts will be 
changed to two counts each of first- and second-degree murder, along with 
numerous lesser offenses, according to Kyle King, spokesman for the York County 
District Attorney's Office.

King confirmed prosecutors have filed their intention to seek the death penalty 
against Henry.

But he faces that fate alone.

Veronique Henry, 32, of Manchester Township, was found unresponsive in her York 
County Prison cell Sept. 15 after hanging herself, according to the York County 
Coroner's Office, which has ruled the death a suicide.

The background: State police say the Henrys knocked on the back door of Cheeks' 
706 Brown Road home about 10 p.m. Sept. 13, and when Danielle Taylor answered 
the door, 1 of them fatally shot her in the neck.

Paul Henry then shot Cheeks, who had put up his hands and said, "Oh God," 
according to testimony.

According to preliminary hearing testimony from 2 of the victims who survived 
the home invasion, the Henrys were looking for Cheeks' stash of heroin. 2 adult 
women and 2 teenage boys were robbed but not shot during the invasion, police 
have said.

At the time of his death, the 31-year-old Cheeks was free on $25,000 bail, 
charged with 2 felony counts of dealing heroin. The York County Drug Task Force 
raided his home May 12 and seized heroin and packaging materials, charging 
documents state.

Cheeks suffered 8 gunshot wounds, according to state police.

Survivors robbed: Paul Henry made the 2 women and 2 teens lie face down on the 
floor, at which point Veronique Henry guarded them at gunpoint while Paul Henry 
searched the home, according to preliminary hearing testimony.

The Henrys stole the cellphones of all 4 surviving victims and a purse 
belonging to 1 of the women, according to testimony.

The couple told the foursome to stay on the floor for 20 minutes, then fled the 
home without any heroin, according to testimony.

After chasing and arresting the Henrys, troopers found the women's purse, 
Cheeks' wallet, three handguns, one shotgun and multiple cellphones inside the 
Nissan, police have said.

Defense attorney Farley Holt, who is representing Paul Henry, declined 
immediate comment.

(source: York Dispatch)






ALABAMA----female may face death sentence

Alabama mother charged with killing 2-year-old son and abusing daughter, 5


An Alabama mother is charged with murder and abuse in the 2014 death of her son 
and alleged abuse of her young daughter.

Chelsea Fike, 26, of Moulton, is charged with 2 counts of murder and 3 counts 
of aggravated child abuse, according to the Lawrence County District Attorney's 
Office. Fike was indicted on the charges last week by a grand jury and turned 
herself into authorities on Tuesday, DA Errek Jett said.

Fike is charged in connection with the death of 2-year-old Ian Calhoun. Fike's 
former boyfriend, 29-year-old Evan Berryman, of Town Creek, was arrested in 
March and charged with capital murder in the killing.

Berryman wasn't charged until nearly 2 years after the child's August 2014 
death. Shortly after Berryman was arrested, Fike was charged with hindering the 
prosecution of the capital murder case.

The case was probed by the State Bureau of Investigations.

Although only 1 death occurred, Fike is charged with 2 counts of murder because 
they are alternate counts, meaning a jury could return a guilty verdict on 1 
count, even if the other count is not proven, Jett said.

1 count is known as reckless murder, and the other is referred to as felony 
murder.

To get a conviction on the 1st count, the state would have to prove beyond a 
reasonable doubt that Fike showed "extreme indifference to human life" by 
"recklessly" engaging in conduct that created a grave risk of death of another 
person, according to Alabama law.

To prove the 2nd count, prosecutors would have to show Fike committed another 
felony that's "clearly dangerous to human life," and that it resulted in 
Calhoun's death, Jett said. That felony is the child abuse, Jett said.

The cause of death was blunt force trauma of the head, torso and lower and 
upper extremities, according to an autopsy report completed by the Alabama 
Department of Forensics and obtained by The Decatur Daily.

The report, which lists the manner of death as homicide, names several injuries 
the child received, including cuts on his face, scalp, left ear, chest, 
abdomen, back and genitals, The Daily reported.

2 of Fike's child abuse charges are related to Calhoun's injuries, Jett said.

The other count is for abuse suffered by Fike's 5-year-old daughter.

The daughter, whose name is being withheld to protect her privacy, lives with 
her father, Todd Smith, and stepmother, Amanda Smith, in Hatton. They've had 
full custody since December. Todd Smith is not Calhoun's father.

"It's bittersweet because there are no winners," Amanda Smith said of getting 
justice for Ian's death. "It's just a sad, sad situation. Ian is gone and he 
won't come back. But our little girl is safe, and that's the only thing we can 
do from here."

As a condition of Fike's bond on the hindering prosecution charge, she was 
allowed only supervised visits with the little girl. But, on the new charges, 
she's prohibited from having any contact with her daughter.

It's just a sad, sad situation. Ian is gone and he won't come back. But our 
little girl is safe, and that's the only thing we can do from here.

"We are thankful for that," Smith said.

Court dates haven't been set in the cases against defendants.

Berryman, who faces life without parole or the death penalty if convicted, is 
held without bail in the Lawrence County Jail.

Fike, who faces up to life imprisonment with the possibility of parole, has 
been released on $190,000 bail.

Further details in the case weren't immediately available. Court documents 
associated with the new charges have not yet been made public, though they are 
expected to be released later this week.

(source: al.com)






INDIANA:

Paula Cooper: The Executioner Within

see: 
http://www.indystar.com/story/news/2016/12/09/paula-cooper-executioner-within/93650408/ 
(source: Indianapolis Star)






SOUTH DAKOTA:

Man says he killed mother, nephew to put them out of their misery


The man accused of killing his mother and nephew at a trailer home north of 
Sioux Falls last month told investigators he did it to put them out of their 
misery.

24-year-old Heath Otto will face the death penalty or life in prison if 
convicted for the deaths of 48-year-old Carol Simon and 7-year-old Brayden 
Otto.

The search warrant affidavit says "Heath Otto said his mother Carol was sick 
with a skin condition and she was not getting the help she needed. He wanted to 
put her out of her misery. He said his nephew was handicapped and he also 
wanted to put him out of his misery."

Otto told investigators that on the morning of Nov. 20, he was in Simon's 
bedroom and used a phone cord to attempt to strangle his mother, and then used 
a knife to slit her throat, the affidavit stated.

Otto said his nephew came into the room, and he also tried to strangle Brayden 
with the phone cord, but then used the knife to slit his throat too, according 
to the affidavit.

He is being held at the Minnehaha County Jail on a $5,000,000 cash bond.

(source: KSFY news)