[Deathpenalty] death penalty news----PENN., VA., N.C., GA., FLA., ALA., MISS., LA., OHIO, KY.

[Rick Halperin]

Feb. 20




PENNSYLVANIA:

Frein's Attorney: 'No death penalty, police violated my client's rights'


Attorneys for accused cop killer Eric Frein are trying to get evidence against 
him thrown out and the death penalty off the table.

Defense lawyers filed motions this week in Pike County Court.

Frein is charged with 1st degree murder for the death of Pennsylvania State 
Trooper Byron Dickson.

Police said Frein killed Dickson and seriously injured Trooper Alex Douglass on 
Sept. 12, 2014 when he opened fire outside of the Blooming Grove state police 
barracks.

Frein's attorneys argue Pennsylvania State Police violated his constitutional 
rights the night they interrogated him for 4 hours after he was captured in 
Oct. 2014.

They are also asking for the death penalty to be tossed out, while prosecutors 
still very much intend to push for a death sentence.

Before Frein can go to trial, these new arguments from the defense have to be 
resolved in Pike County Court.

(source: WBNG news)






VIRGINIA:

The electric chair ensures a quick and painless death


Regarding the Feb. 17 editorial "Back to barbarism":

I witnessed an electric chair execution at the Virginia State Penitentiary in 
Richmond on Aug. 30, 1989. Watching a man die was a grim experience, but, 
mercifully, the condemned inmate didn't suffer, as death was instantaneous. The 
editorial implied that execution by electrocution has been used to 
intentionally inflict pain for the sake of cruelty. That suggestion is as 
preposterous as it is untrue. The electric chair was adopted in an effort to 
ensure a quick and painless death for condemned inmates. It seemed awfully 
quick to me when I saw it.

Lethal injection, the preferred method for conducting executions, is 
impractical in Virginia because, thanks to death penalty opponents, the 
chemicals required are no longer available. If the commonwealth now wants to 
use its electric chair, at least that method kills nearly instantly. Discussing 
the intentional taking of a human life by execution is repellent, but when one 
considers the crimes of Timothy McVeigh or Ted Bundy or, in this case, Ricky 
Gray, who murdered at least 8 people, 2 of whom were children, most Americans 
continue to support capital punishment regardless of the method.

Scott Wallace, Leesburg

(source: Letter to the Editor, Washington Post)






NORTH CAROLINA:

9 jurors selected in Hustle Mart 3 trial


After 7 days of jury selection, prosecutors and defense attorneys have agreed 
on 9 jurors for the Hustle Mart 3 triple homicide trial.

Antwan Andre Anthony, 33, is accused of robbing, kidnapping and murdering 
Mokbel Mohamed Almujanahi, 16, Nabil Nasser Saeed Al'mogannahi, 26, and Gaber 
Alawi, 24, on April 1, 2012, as they were closing the convenience store on N.C. 
121 north of Farmville.

He is going on trial for 3 counts of 1st-degree murder, 3 counts of 1st-degree 
kidnapping and robbery with a dangerous weapon. If he is found guilty of 
1st-degree murder, Pitt County District Attorney Kimberly Robb will seek the 
death penalty against him.

(source: Daily Reflector)






GEORGIA:

Curb on some death penalty cases motivates Catholics at Capitol


In a basement room of the Shrine of the Immaculate Conception in Atlanta, 
advocates gathered for prayer and a legislative briefing Feb. 4 to begin 
Catholic Day at the Capitol.

More than 50 people participated in this year's program to meet with lawmakers 
who represent them in the Georgia General Assembly and to learn more about 
issues affecting the common good and legislation significant to the local 
Catholic dioceses.

The Georgia Catholic Conference organizes the annual event, which promotes 
faith in action. The conference represents the Catholic bishops of the 
Archdiocese of Atlanta and the Diocese of Savannah in the legislative arena.

Various ministry leaders joined conference director Frank Mulcahy to present 
updates on legislation already in the pipeline and bills yet to be introduced.

"We would like for you to talk with legislators about what you are passionate 
about," said Kat Doyle, director of Justice and Peace Ministries for the 
archdiocese.

Doyle reminded participants that there are hundreds of bills before legislators 
at any given time, and often they don't have time to read all of them. On a 
previous Catholic Day at the Capitol, 1 couple spoke to their legislator to 
encourage support of a fetal pain bill. While she supported pro-life bills, the 
lawmaker had not heard from any constituents about the fetal pain legislation.

"She was not aware of the bill and this couple asked her to vote for it," said 
Doyle. "She voted 'yes.' That's how important 1 or 2 people can be in the 
legislative process. This is your opportunity to be heard."

During the briefing, participants received forms to communicate with their 
representatives in the event a face-to-face meeting was impossible.

Doyle urged the advocates to continue communicating with elected officials 
beyond the session.

"This is 1 day. Our faith calls us to live this every day," she said.

Doyle also reminded the group that because the church does not take a position 
on every bill, it's important for the faithful to research issues and look at 
proposals through the lens of Catholic social teaching.

Fueled by coffee and doughnuts, the Catholic Day participants split into 
several groups to walk one block to the Capitol. Later, they visited the Senate 
gallery to watch the session, stopped for a photo with Bishop David P. Talley 
and Gov. Nathan Deal, and had conversations with their respective 
representatives.

Sen. Mike Dugan of Carrollton, who attends Our Lady of Perpetual Help Church, 
welcomed Bishop Talley officially and introduced him to the Senate.

"Why are we insistent on being the worst?"

For Mississippi native Ann Basile, it was her 1st trip to the state Capitol.

Basile is particularly interested in issues surrounding abolition of the death 
penalty, and in religious liberty. She is a parishioner of St. John Neumann 
Church in Lilburn.

"I work with the prison ministry there. I'm totally against capital 
punishment," emphasized Basile.

The parish prison ministry started last year. Basile credits the Holy Spirit 
and the pastor, Father Sunny Punnakuziyil, for helping her to answer the call.

"Is someone speaking for me?" she recalled thinking.

Basile plans to attend vigils on execution dates at the Georgia Diagnostic and 
Classification Prison in Jackson being organized by the archdiocese's prison 
ministry.

A retired nurse, Basile chatted with some of the more than 1,300 nurses at the 
Capitol that day for the legislative advocacy event of the Georgia Nurses 
Association.

Bill Moon, parishioner of Our Lady of Lourdes Church in Atlanta, is also 
passionate about advocating against the death penalty.

In capital punishment sentencing, the U.S. Supreme Court has determined that 
executing a person with intellectual disabilities or mental retardation is 
unconstitutional, but left to the states how to determine when that standard is 
met. Georgia is the only state that uses the most difficult standard of proof 
of "beyond a reasonable doubt" in order to meet the legal standard of 
intellectual disability.

"What we're aiming for is preponderance of evidence," said Moon. "I think that 
it's doable."

Moon said if inmate Warren Hill, executed in January 2015, had lived in any 
other state, he would not have been put to death.

Hill's attorneys had argued that his sentence be changed to life in prison due 
to lifelong evaluations of his intellectual disability. Hill received the 
sacraments of the Catholic Church while on death row.

Of the 31 states that impose the death penalty, 22 use the standard of 
"preponderance of the evidence" to determine intellectual disability. Others 
use a "clear and convincing evidence" standard.

"Why are we insistent on being the worst?" asked Moon as he stood outside the 
Senate gallery.

"This really is big for me. Baby steps are all we want," said Moon of moving 
toward abolition of capital punishment.

"We should not be executing these people," said Maggie Rousseau, director of 
the archdiocesan Disabilities Ministry. When thinking of this issue, Rousseau 
reflects on the phrase her late uncle often used of "compassionate justice."

Legislation this session on the intellectual disability standard is anticipated 
but had not been introduced as of Feb. 16.

The Georgia Catholic Conference is also monitoring and working for other pieces 
of legislation, including House Bill 768, which authorizes creation of separate 
ABLE (Achieving Better Life Experience) accounts for people with disabilities 
to live independently.

The Georgia Senate has approved Senate Bill 308, known as the Alternatives to 
Abortion Bill. Supported by the Georgia Catholic Conference, the legislation 
would award grants to nonprofit organizations that provide pregnancy support 
services. The bill passed the Senate Feb. 11 and will move to the House for 
debate.

Michael Strollo, 19, attends the University of North Georgia and joined other 
young friends for Catholic Day.

"One of the biggest issues the state of Georgia is facing is religious 
liberty," said Strollo, dressed in suit and bowtie for the visit.

A parishioner at Good Shepherd Church in Cumming, Strollo said perhaps people 
his age don't realize they can make a difference.

"For them, it's not interesting," Strollo said. "I love working in government 
affairs ... to be as young as I am and make a change in the process."

(source: georgiabulletin.org)






FLORIDA:

My Daughter's Killer Should Not Get the Death Penalty----Darlene Farah's 
daughter was murdered in Florida in 2013; It's wrong to make my family suffer 
through a lengthy legal process


When my 20-year-old daughter Shelby was murdered in 2013, I didn't think things 
could get any worse. I loved my daughter more than anything in the world. She 
was a fighter and tenacious, but full of compassion and always helping the less 
fortunate. She turned down an invitation to try out as a cheerleader for the 
Jacksonville Jaguars 2 years in a row. She chose instead to mentor young girls 
as a volunteer cheerleading coach, and she helped start a scholarship fund for 
2 children after their father died. That's the kind of person Shelby was. My 
family and I were absolutely devastated when a senseless shooting during a 
robbery at a store in Jacksonville, Fla., took her from us.

There is nothing we can do to bring Shelby back - how I wish there was. The 
best my family can do now is celebrate her life, honor her memory and begin the 
lengthy healing process. Unfortunately, despite my requests, the state of 
Florida is planning to seek the death penalty in my daughter's case, which is 
set for trial in May. I do not want my family to go through the years of trials 
and appeals that come with death-penalty cases.

My daughter's case exemplifies the problems with America's death penalty. Most 
counties in the U.S. rarely seek it. A handful of prosecutors in only 2% of 
counties are responsible for the majority of death sentences nationwide. 
Unfortunately, my family lives in one of these outlier counties - Duval County, 
Florida - in which prosecutors seek the death penalty at a much higher rate 
than others. Officials' desire for the death penalty in my daughter's case 
seems so strong that they are ignoring the wishes of my family in their pursuit 
of it.

My daughter would not have wanted the death penalty for the person who killed 
her. That's not the type of person she was. In the midst of tragedy, she would 
have wanted the killing and the pain to stop. The person who killed Shelby 
needs to face the consequences for what he did and be held accountable. But 
more killing in no way honors my daughter's memory or provides solace to my 
family.

Instead, the death penalty would inflict additional pain on us. Death-penalty 
cases are incredibly complex and drawn-out. It's been 2 1/2 years since my 
daughter's murder, and the trial hasn't even started. Since the U.S. Supreme 
Court recently found part of Florida's death penalty unconstitutional, district 
attorneys across the state have asked for delays in pending death-penalty cases 
due to the uncertainty surrounding Florida's current law. In the meantime, the 
lives of families like mine are put on hold - we can't start to heal and move 
beyond the legal process, which never seems to end.

Since my daughter's murder, I have begged and pleaded with the prosecutors to 
take the death penalty off the table, accept a plea deal and end this painful 
process for my family. At every step of the process, our wishes have been 
ignored. The prosecutors tell us that they know what's best in my daughter's 
case. For the well-being of my family, I have to keep fighting the death 
penalty in my daughter's case. But I'm tired and increasingly discouraged by 
how destructive our criminal-justice system can be on murder-victims' families. 
My children and I are the ones who will have to endure decades of trials and 
appeals if the person who murdered my daughter is sentenced to death. I have 
seen my family torn apart since my daughter's murder, and the idea of having to 
face the lengthy legal process associated with a death-penalty case is 
unbearable. We have endured enough pain and tragedy already.

(source: Darlene Farah, TIME Magazine)

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

Public defender: Take death penalty off table for Rhodes----Letter sent to 
State Attorney regarding man accused of killing Shelby Farah


The Public Defender wants State Attorney Angela Corey to reconsider seeking the 
death penalty in the case of James Rhodes.

Rhodes is charged with robbery and murder in the shooting death of Metro PCS 
clerk Shelby Farah.

Matt Shirk has sent a letter to Corey, imploring her to reconsider seeking the 
death penalty for Rhodes, citing the desire of Farah's mother, Darlene Farah, 
to let Rhodes plead guilty and be sentenced to life in prison.

Corey did that in the case of Jared Harrell, the man convicted of killing 
7-year-old Somer Thompson, after Somer's mother made the same request.

Corey's office issued a statement Friday, responding to Shirk's letter:

This case is set for a hearing on Feb. 24 to address the various motions filed 
by the defendant regarding the death penalty. The State is still seeking the 
death penalty in this case and will file a formal response addressing these 
motions. Due to this being a pending matter, it would be inappropriate to 
comment further.

Shirk said in his letter that it would cost the state of Florida $24 million to 
continue appeals, if Rhodes is sentenced to death.

Shirk also raised the point that Rhodes has mental health issues and said that 
the recent Hurst ruling by the U.S. Supreme Court will leave questions hanging 
about the constitutionality of Florida???s death penalty law, no matter what 
rewrite the Legislature passes.

Cellphone store clerk killed in robbery

James Rhodes is charged with 1st-degree murder in the killing of 20-year-old 
Shelby Farah during a robbery of a Brentwood cellphone store.

Police said that after several hours of questioning, Rhodes confessed.

Police said Farah was found dead after officers responded to a report of an 
armed robbery at the store on Main Street near 21st Street.

Police said Rhodes pointed a gun at Shelby Farah and demanded money. They said 
she cooperated and after she handed him the last bit of money, he fired 4 
rounds, killing her.

(source: news4jax.com)

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

Deltona murder suspect Luis Toledo withdraws request for speedy trial


In a surprising development, defense attorneys for Luis Toledo on Friday 
withdrew his demand for a speedy trial. That likely means a new death penalty 
process will be in place by the time the Deltona man accused of killing his 
wife and her children goes to trial.

Also unusual, Circuit Judge Raul Zambrano said Toledo refused to attend 
Friday's hearing at the Volusia County Courthouse. The judge said he had to 
order that Toledo be brought to the courthouse, though Toledo apparently 
ultimately cooperated.

"I came voluntarily," Toledo said in a deep voice as one of his attorneys 
placed a hand on his left shoulder.

"Thank you very much that avoids anybody getting hurt, including yourself," 
Zambrano said.

The judge said he had ordered that Toledo be "extricated" from his cell, if 
necessary.

Toledo, 33, is charged with 2nd-degree murder in the killing of his wife, the 
28-year-old Yessenia Suarez, and 2 counts of 1st-degree murder in the deaths of 
her children, Thalia, 9, and Michael, 8. The mother and children were reported 
missing Oct. 23, 2013, from their home at 317 Covent Gardens Place in Deltona. 
Their bodies have not been found. Prosecutors are seeking the death penalty.

Toledo's attorneys' last week filed a demand for a speedy trial. But on Friday 
with Zambrano ready to set a trial date, Toledo's attorneys withdrew the 
request.

Zambrano questioned Toledo on whether he understood the decision he was making.

"Yes, sir," Toledo answered in a deep voice several times to questions.

The judge said he had been ready to set a trial date.

???I already have all the logistics prepared to have a trial," Zambrano said. 
"I would have scheduled it this morning. You understand that?"

Toledo, in his customary orange jail jumpsuit and shackles, said it was his 
choice.

"Yes, sir. It was my decision to withdraw it," Toledo said.

Toledo had been scheduled to go to trial in January until the U.S. Supreme 
Court struck down Florida's death penalty process. At that point, prosecutors 
asked that the trial be delayed as the state Legislature worked on a new death 
penalty process. Zambrano agreed and delayed the trial.

The state House of Representatives on Thursday passed HB 7101 which overhauls 
the process so that jurors must unanimously agree on an aggravating 
circumstance in support of the death penalty. Jurors must then vote on whether 
to recommend death. If 10 vote for death, the judge could impose death or a 
life sentence without parole. If less than 10 vote for death, the judge must 
sentence the person to life. The Senate version differed in that it required a 
unanimous jury recommendation for death, but senators have agreed to compromise 
to 10-2, although they have not officially voted on it yet.

Toledo attorney Jeff Deen said after the hearing that he thinks Gov. Rick Scott 
will sign the bill into law, and it will take effect immediately.

Deen said also the initial request for a speedy trial was not a strategic move 
to have Toledo go to trial before a new death penalty procedure is in place.

"It has nothing to do with trying to beat anything," Deen said. "It has 
everything to do with we represent someone who is on trial for his life and we 
are trying to do what's in his best interest to make sure that his rights are 
preserved."

(source: Daytona Beach News-Journal)

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

FL Raising Bar For Death Penalty But May Remain An Outlier


The House has approved changes to the state's sentencing system requiring at 
least 10 jurors agree before recommending the death penalty. But the Senate's 
proposal requires unanimity.

After an initial bid of just 9 jurors to recommend capital punishment, House 
lawmakers amended the requirement to 10 in an effort to find a compromise with 
the Senate. But Mark Schlakman from the Florida State University Center for the 
Advancement of Human Rights says the state Supreme Court has been calling for 
unanimity since 2005.

"So more than 10 years the legislature has been on notice that the Florida 
Supreme Court was strongly in support of unanimous jury recommendations of 
death," Schlakman says.

While the chambers are at odds on the question of a penalty recommendation, 
both agree the jury should reach unanimous agreement on factual elements known 
as aggravating factors.

(source: WFSU news)






ALABAMA:

Can Alabamians afford the specter of 16 or more scheduled executions in a row?


A March 25, 2014 article from the Associated Press quotes Alabama Assistant 
Attorney General Clay Crenshaw saying that 16 death row inmates "have exhausted 
[all] appeals and are awaiting execution." Today, the exact number among the 
185 inmates on Alabama's death row whose last remaining hope is clemency is 
unknown. However, even following the execution of Christopher Brooks on January 
21, the number of inmates "out of court," with no further avenues of appeal, is 
at least 16, and it may be higher. This means that anytime it wants, the AG's 
office can, following the 2 year moratorium on executions that officially ended 
with Mr. Brooks, ask the courts to schedule 16 or more executions in a row.

The question is: Whatever personal beliefs Alabamians hold on the morality of 
the death penalty, is the scheduled killing of 16 or more people - one right 
after the other - a risk worth subjecting Alabama's fragile economy to?

Consider the steady drumbeat of publicized death and denunciations from around 
the United States and the world that would result, with the possibility, each 
time, of a gruesome botch, like the infamous Oklahoma execution of Clayton 
Lockett on April 29, 2014. Generating an avalanche of negative press abroad, 
reporters witnessing Lockett's execution said he "writhed, groaned, and 
convulsed" taking 43 minutes to die.

Imagine 16 or more potential Lockett-like executions lined up - like ducks in a 
row - in Alabama. Picture the accompanying emotional baggage with each detail 
about the condemned, the crimes of which they were convicted, and the nitty 
gritty of each of their executions painstakingly picked through by the press . 
. . . How much negative publicity would Alabama see as a result? How much 
condemnation from foreign countries who abhor the death penalty would it reap - 
countries whose investment dollars Alabama's slowly rebuilding economy depends 
upon?

A June 2014 article by Michael Tomberlin titled, "Alabama, Birmingham benefit 
from growing levels of foreign direct investment," noted that "[the 5 top 
source countries of companies investing in Birmingham as a percent of jobs are 
Germany (14 %), Japan (12.9) Canada (11), Spain (8.8) and France (7.7)." 
Furthermore, "[t]he 5 leading source countries companies investing in Alabama 
as a % of the jobs are Germany (16.2 %), Japan (13.5), Republic of Korea (9.6), 
England (8.6) and Canada (7.5)." That means just a little less than 2 years 
ago, at least 41.5 % of foreign investment in Birmingham came from foreign 
countries that long ago abolished the death penalty and, at least 32.3 % of 
foreign investment in all of Alabama, likewise, came from abolitionist 
countries.

In addition to the already well-documented costs of capital punishment then - 
to Alabamians' morals, the judicial system and taxes (see the Equal Justice 
Initiative's website for detailed studies and support on all these) - can 
Alabama really risk ramping executions up when doing so will offend, even 
alienate, so many potential foreign investors - not to mention the Pope?

The University of Alabama's Center for Business and Economic Research is 
already predicting slow growth for Alabama's economy in 2016, and so, even if 
folks don't care so much about what foreigners think of Alabama's refusal to, 
as the New York Times Editorial Board put it on January 16, "join the rest of 
the civilized world and end the death penalty," don't Alabamians at least want 
those foreign dollars? Isn't it great that foreign companies like Mercedes-Benz 
and Airbus have chosen to invest in Alabama? Wouldn't it be awful if the 
state's rekindled lust for executions drove them, and foreign companies like 
them, away?

We already know Europeans hate the death penalty by their refusal to ship 
lethal injection drugs to the US and, just recently, after Saudi Arabia held 
mass executions, it was reported on January 15 by Eve Hartley of the Huffington 
Post that, "the brutal Saudi justice system [had] strain[ed] relations between" 
Saudi Arabia and the United Kingdom.

Putting aside all the very many good reasons already advanced to end the death 
penalty, isn't the most obvious in Alabamians' wallets? Is there really so much 
green in there already that accelerating - instead of taking immediate steps 
now to end the death penalty - is worth it?

(source: Stephen Cooper, a former D.C. public defender and worked as an 
Assistant Federal Defender in Montgomery, Alabama between 2012 and 2015, where 
he represented death row inmates----al.com)

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

Jury recommends life without parole for John Owens, convicted of capital murder


Friday afternoon, a Madison County jury made its recommendation for John 
Clayton Owens to serve life in prison without parole. This comes a day after 
they found him guilty of capital murder in the death of Doris Richardson, 91.

This is a recommendation, and Judge Alison Austin will sentence Owens on April 
20. She could opt for the death penalty, which is what prosecutors pushed for.

The jury voted 10 to 2 for life without parole. The state argued there were 
three aggravators in the case, explaining why the jury should have recommended 
death for Owens:

1.He committed the murder during a burglary

2.He committed it while on probation

3.The crime was heinous, atrocious, and cruel, compared to other murders

The jury agreed on the 1st and 2nd points, but disagreed on the 3rd. The 
mitigating evidence presented during the penalty phase, mainly about Owens' 
life, outweighed the aggravating factors.

Madison County Assistant District Attorney Tim Gann had argued Richardson's 
death was terrifying. He told jurors she was home alone, in bed apparently 
working on a crossword puzzle, when Owens entered her home. Gann and Assistant 
DA Bill Starnes both focused on the fact that the 91-year-old Richardson was 
strangled to death. She suffered a broken bone in the neck, the tissue around 
her throat was crushed and she had heavy brusing on her arms. Gann said that 
showed she tried to fight off her much larger assailant.

The penalty phase included hours of testimony regarding Owens very troubled 
childhood, his family's history and his use of drugs.

Owens' life was the main subject of testimony in the penalty phase of his 
trial.

Owens family members and friends testified, and a defense-hired psychologist, 
Dr. Marianne Rosenzweig offered a lengthy report about her findings. She 
performed an evaluation of Owens and spent 12 hours interviewing him and 50 
hours interviewing family members and friends.

Owens' life has been difficult, Dr. Rosenzweig testified. There were multiple 
reports of abuse, with allegations against his father, mother and stepfather. 
His father was described as a crackhead and kleptomaniac who once stole a 
5-gallon bucket of rocks because it was there. His mother let Owens and his 
brother smoke pot when he was around 8 as a reward for doing chores.

One DHR report confirmed abuse when Owens was about 13. DHR said the boys were 
old enough to call 911 if there were continued problems. His brother testified 
they never had enough food growing up, and were fed cat food sandwiches at one 
point.

Gregg Owens said he wouldn't be alive without his brother's protection. He said 
they began stealing as children to get money for food.

There were multiple reports of Owens stealing and using drugs, but no violence. 
He had been in special education, but was found to have an above-average IQ. He 
was described by relatives and family friends as helpful and gentle and a 
gifted artist.

He was especially kind to a brain-damaged girl who he stuck up for at a school 
dance. He remains her only friend, her mother said.

In 2011 after a breakup, Owens became withdrawn, began smoking a lot of spice, 
synthetic marijuana which can be mind-altering.

Rosenzweig told jurors that Richardson's death scene, with a pillow over her 
face, suggested awareness of guilt by her killer. She said thieves caught 
stealing are often so startled they overreact. When high, the outcomes are even 
worse.

John Owens' mother also took the stand Friday.

Richardson was strangled in her Bide-a-wee Drive home in Huntsville in August 
2011.

(source: WHNT news)

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

Suspect could face death penalty after "brutal murder"----James Matthew Hill, 
33, was found blindfolded, bound and stabbed in his home on Walding Street 
Thursday afternoon. Police have arrested 20-year-old David Montel Cunningham 
and charged him with capital murder.


The suspect in the stabbing death of an Enterprise man could face the death 
penalty if convicted of murder, 12th Circuit District Attorney Tom Anderson 
said during a news conference on Friday.

David Montel Cunningham, 20, was arrested Thursday night and charged with 
capital murder for the stabbing death of James Matthew Hill, 33, of Enterprise. 
The 2 men were thought to be roommates, but it is unclear how long they had 
lived together, Enterprise Police Chief T.D. Jones said.

Hill's body was found in his duplex home on the 100 block of Walding Street, 
off East Lee Street. He had been blindfolded, bound and stabbed multiple times 
in the head, neck and shoulders, Jones said.

A knife has been recovered, but it has yet to be determined if it is the murder 
weapon, Jones said.

"It was a very brutal murder," he said.

Anderson said he felt strongly that he would pursue the death penalty in the 
case, but that he has not formally filed the paperwork to do so.

"It was one of the worst things I've seen," he said.

Police learned of the suspected murder from the Coffee County Sheriff's Office, 
which had received a tip, Jones said.

On another tip from the Sheriff's Office, police arrested Cunningham Thursday 
afternoon in the northern part of the county. The Sheriff's Office had learned 
Cunningham had plans to flee and would be arriving at a store called Country 
Corner around 4 p.m.

When Cunningham arrived at the store around 4:10 p.m., he was arrested and did 
not resist.

At the time of his arrest, law enforcement officials found a piece of property 
belonging to Hill in Cunningham's possession. Law enforcement denied to reveal 
what the property was, citing the ongoing investigation as reason.

"I think that any time you find another person's property on a deceased 
individual, you can reasonably infer that at least 1 of the motives is 
pecuniary gain," Anderson said during the news conference.

Cunningham was denied bond in a preliminary hearing with Coffee County District 
Judge Chris Kaminski on Friday morning. Another preliminary hearing is set for 
March 11, Anderson said.

District Attorney Anderson said Cunningham had never been convicted of a crime, 
but that he was out on bond at the time of the offense for possession of a 
controlled substance.

Court records showed Cunningham was out on bail for a pending felony unlawful 
possession of a controlled substance charge in Coffee County from 2013. Records 
show police charged Cunningham in November 2013 with the unlawful possession of 
a prescription medication called hydrocodone while at Enterprise High School.

Hill's neighbor, Lola Faye Ross, said Cunningham had been living with Hill for 
some time, but she was not sure how long.

Ross said she had not heard any signs of a fight and was only alerted to a 
problem when law enforcement vehicles arrived.

"I thought, 'Well, something has happened next door,'" she said. "They couldn't 
get in (the door.) They had to break in somehow to get in, and then they took 
the yellow tape and taped around."

As Ross was hanging clothes on her clothesline, she addressed the law 
enforcement officials.

"Y'all look mighty sad," she said to them. "Are they dead?"

1 of the detectives nodded, Ross said.

"But there was only 1 dead," she said. "And the other's in jail."

Ross said she cared for both of the men, and that Hill sometimes helped her 
when he could.

"(Hill) was fine," she said. "He was a good friend, and we got along just fine. 
But he had a lot of health problems ... They delivered medicine here just about 
every week. He had so many different things wrong with him."

(source: Dothan Eagle)

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

Calhoun County judicial candidates speak to packed house


Candidates for 2 Circuit Court judgeship openings discussed their 
qualifications and aspirations for the bench during an open forum Thursday 
night at the Anniston City Meeting Center.

Anniston attorney Bill Broome, the forum coordinator, welcomed about 70 people, 
in a room big enough for 100, praising the effort and drive of the candidates.

"The circuit judges we are electing for Place 3 and Place 5 are really for the 
citizens of Calhoun County," Broome said. "The individuals that will hold those 
offices hold life or death decisions and monetary decisions. We are very 
fortunate in the county to have four very dedicated, intelligent, knowledgeable 
folks that want to be circuit judges."

Broome moderated the event, asking candidates questions submitted by 
Calhoun-Cleburne County Bar Association members and by audience members.

"90 % of the questions I asked tonight were audience submitted," he said after 
the forum.

The March 1 primary will likely decide who wins each open seat as neither place 
has a Democratic candidate.

Place 3

After a brief explanation of legal background and family life, Debra Jones and 
Carey Kirby, both 51 and from White Plains, answered questions specific to 
Place 3, the seat Jones currently holds.

Place 3 hears civil and criminal jury cases.

In a response to a question about the death penalty, Jones stressed that a good 
judge follows the law, and therefore she is in favor of the death penalty.

"It is the law and you have to follow the law," she said. "If you're going to 
sit in judgment of a death penalty case, you better be qualified to try one of 
those cases," Jones said, referring to the qualifications necessary for an 
attorney to take on a case where the death penalty is an option.

Kirby, who also said he felt a good judge must follow the law, was not in favor 
of the death penalty. He also said he has never been an attorney in a death 
penalty case.

"As a criminal defense attorney, I'm not for it," he said. "That doesn't mean 
if a jury recommends the death penalty that I would overturn it, though."

When asked why he was running for the seat, Kirby said there were a few 
decisions made by Jones that were "contrary to law."

"I used that to base my decision on running for this position," he said.

In response, Jones said not everyone is worthy of probation.

"I apply the law as I see fit and I make no apologies for that," she said. "You 
need a judge who is tough on crime and not afraid to send someone to prison."

(source: Anniston Star)






MISSISSIPPI:

Future law protects death row executioners


Information about the execution of death row inmates in Mississippi could be 
kept secret.

Senate Bill 2237 entitled "Execution Secrecy Bill" passed the Senate Tuesday.

Attorney Gen. Jim Hood approached Senator Joey Fillingane to write the bill in 
hopes to protect those involved in the execution process from the harassment of 
protesters and death penalty opponents.

"This Bill attempts to prevent harassing and intimidating innocent people who 
are merely carrying out their duties as part of their employment in the state 
of Mississippi," Fillingane said.

The bill states:

"The identities of all members of the execution team, the supplier or suppliers 
of lethal injection drugs, and the identities of those witnesses as provided 
for in Section 99-19-55 (2) shall at all times remain confidential, and the 
information is exempt from disclosure under the provisions of the Mississippi 
Public Records Act of 1983."

Fillingane said the bill is more about protecting the suppliers than the 
inmates.

"These are not nice people, these are people that have been convicted by a jury 
of their peers and sentenced to the death penalty and we are executing that 
judgment," Fillingane said. "It will be affected in a way that is efficient, 
and obviously there are no qualms as to the efficacy of the drugs that are 
being used."

Opponents of the bill say there are qualms, and that information about the 
drugs and the training of the staff should be available to the public.

"I think it's a red herring just to be frank," said Charles Irvin, legal 
director of the American Civil Liberties Union of Mississippi. "Let's put 
safety and security to the forefront because people will focus on that instead 
of focus on the fact that really the bill is designed to take away transparency 
from the drug companies who are supplying the drugs."

Irvin said inmates also have a right to protection.

"Public records should not be removed from this process because how else can we 
find out how the execution takes place and what steps are being taken to carry 
out a successful execution and ensure that its important with the 8th 
amendment," Irvin said.

Similar legislation has been passed in Oklahoma, Georgia and Arkansas.

(source: WDAM news)






LOUISIANA:

State Supreme Court reinstates death penalty on Angola 5 inmate convicted in 
1999 slaying of correctional officer


The death sentence of 1 of the 5 Louisiana State Penitentiary lifers found 
guilty of murdering a prison guard during a botched 1999 escape was reinstated 
Friday by the state's highest court.

A retired New Orleans judge had ordered a new sentencing hearing for Angola 5 
member David Brown in late 2014, ruling that prosecutors withheld a confession 
by another of the accused killers until after Brown, of Algiers, went on trial 
in 2011 in the slaying of Capt. David Knapps.

But the Louisiana Supreme Court decided Friday that because the statement is 
"neither favorable nor material" to Brown, the failure to disclose it was not 
prejudicial to him.

Chief Justice Bernette Johnson dissented, saying retired Criminal District 
Court Judge Jerome Winsberg made the right call and that her confidence in the 
outcome of the penalty phase of Brown's 1st-degree murder trial has been 
undermined.

"The state concedes that it withheld the statement of inmate Richard Domingue, 
which supports ... Brown's defense theory that he was less culpable in the 
killing of the correctional officer," Johnson wrote.

According to Domingue's statement, inmate Barry Edge confided in him that he 
and inmate Jeffrey Cameron Clark hatched the plan to kill Knapps, she noted.

"Domingue's statement could have been used by the defendant to persuade the 
jury that since he was not directly involved in the decision to kill Knapps, he 
should be sentenced to life imprisonment rather than given the death penalty," 
the chief justice added.

Brown's attorneys argue the failure to turn over the statement violated the 
U.S. Supreme Court's decades-old ruling in Brady v. Maryland that requires the 
state to disclose evidence favorable to a defendant. Prosecutors contend the 
statement was not material and would not have changed the verdict.

David Brown's attorney, William Sothern, said in a statement Friday evening: 
"The prosecutors suppressed incredibly significant evidence at David Brown's 
death penalty trial. The trial court correctly determined that he was entitled 
to a new trial because of that most serious prosecutorial misconduct. We will 
continue to pursue every possible avenue for appeal to obtain a fair trial for 
him where his constitutional rights are respected and where the jury gets to 
hear all of the evidence."

The jury that convicted and condemned Brown heard a recording of Brown telling 
investigators he dragged Knapps into an employee restroom and held him there 
while a co-defendant hit him with a mallet. DNA tests found that Knapps' blood 
was on Brown's hands, shoelace and clothes, trial testimony indicated.

Brown and Clark were convicted in the killing of Knapps, 49, and condemned to 
die. Brown already was serving a life term for 2nd-degree murder in a 1992 
killing in Jefferson Parish.

Edge and inmate Robert Carley were found guilty in Knapps' slaying and given 
life sentences. Inmate David Mathis pleaded guilty to 1st-degree murder and 
received a life sentence.

(source: The Advocate)


OHIO----new execution date

Execution date set for man convicted in '04 Toledo murder


The Ohio Supreme Court, in a 5-2 vote, today set a date for the execution of 
James P. Frazier, convicted in the 2004 murder of a woman with disabilities in 
a robbery for money to refuel a crack cocaine party.

That execution, however, won't occur until Oct. 17, 2019, as the line for 
lethal injection gurney in Ohio continues to back up as the state struggles to 
find the drugs it would prefer to use. The 1st execution in that line is set 
for January once Gov. John Kasich's current moratorium on the death penalty 
expires.

Frazier is on death row at the Chillicothe Correctional Institution. He was 
convicted of killing Mary Stevenson in the Northgate Apartments in North Toledo 
where Frazier was attending the party. Ms. Stevenson had cerebral palsy. 
Frazier strangled her and slit her throat before making away with her purse.

"Every court that has examined defendant's claims has upheld his murder 
conviction and his death sentence," reads the motion from Lucas County 
Prosecutor Julia Bates' office urging the state Supreme Court to set an 
execution date.

"Defendant has now completed all state and federal litigation," it wrote.

The U.S. Supreme Court declined to hear his latest appeal on June 22, 2015.

Ohio Supreme Court Justices Paul Pfeifer and William O'Neill dissented in 
setting a date. They questioned why the court continues to set execution dates 
when there's no sign yet one will be carried out.

"At this time, the state is incapable of properly executing the 25 people for 
whom execution dates have previously been set," Justice Pfeifer wrote. "It 
serves no rational purpose for this court to continue to set execution dates 
while significant logistical obstacles remain in place and more legal 
challenges are likely."

Justice O'Neill joined in his dissent.

Frazier faces lethal injection at the Southern Ohio Correctional Facility in 
Lucasville. The state is tentatively set to resume carrying out executions on 
Jan. 12, 2017 with that of Ronald Phillips, of Summit County.

Ohio last executed an inmate in January, 2014 when it used for a single time 
the combo of the sedative midazolam and morphine derivative hydromorphone. The 
inmate, Dennis McGuire, died, but witnesses described him first as making 
choking sounds and struggling against his restraints for 26 minutes after the 
drugs began to flow.

The state soon abandoned its use of that drug combo and said it would revert to 
using either pentobarbital or sodium thiopental as single drugs. But the 
domestic and European makers of those drugs refuse to make them available to 
governments for use in executions.

The Ohio Department of Rehabilitation and Correction has been unable so far to 
convince the federal government to allow it import the drugs for that purpose.

(source: Toledo Blade)

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

Execution date set despite Ohio not having lethal drugs


The Ohio Supreme Court on Friday set an execution date for a condemned killer 
over the objection of 2 justices who question establishing dates when the state 
doesn't have any lethal drugs.

The court ruled 5-2 to schedule James Frazier's execution for Oct. 17, 2019. He 
was sentenced to death for the 2004 slaying of a woman in a Toledo apartment 
building where both lived.

The decision means Ohio now has 25 death row inmates with firm execution dates 
beginning early next year at a time when the Department of Rehabilitation and 
Correction still can't find drugs to put them to death with. It would have been 
26, but one inmate recently had his execution delayed.

Ohio last executed a prisoner in January 2014, when Dennis McGuire gasped and 
snorted over 26 minutes during the administration of a never-tried 2-drug combo 
the state later abandoned.

The prisons agency changed its policies to allow for single doses of 2 
alternative drugs, neither of which is available in the United States after 
their manufacturers put them off-limits for executions. The state has 
unsuccessfully tried to find compounded or specially mixed versions. A prisons 
system spokeswoman declined comment.

Last year, Gov. John Kasich, a Republican running for president, ruled out 
looking for alternative methods, such as the firing squad or hanging.

In a dissent to Friday's ruling, Justice Paul Pfeifer said the state is 
currently incapable of properly executing the 25 inmates with already scheduled 
dates.

"It serves no rational purpose for this court to continue to set execution 
dates while significant logistical obstacles remain in place and more legal 
challenges are likely," Pfeifer said.

In a brief interview Friday, he told The Associated Press he would dissent in 
setting any future execution dates for the same reason.

Pfeifer, a Republican, helped write the state's current capital punishment law 
as a state senator in 1981 but has since disavowed it and said Ohio should 
abolish the death penalty in favor of life without parole. However, he 
periodically upholds death sentences as a matter of law.

Justice William O'Neill, a Democrat who regularly dissents in capital 
punishment cases, joined in Pfeifer's opinion.

Authorities say Frazier, 75, entered the apartment of 49-year-old Mary 
Stevenson on March 2, 2004, strangled her, cut her throat and fled with 2 of 
her purses.

Frazier's attorney declined to comment because of his involvement in an ongoing 
lawsuit challenging lethal injection in Ohio.

(source: Associated Press)






KENTUCKY:

Montgomery seeking death penalty for Crozier


The man facing 4 indictments stemming from the events occurring over the same 
October night - leaving 1 man dead and 3 others injured - learned officially 
this week that prosecutors will seek the death penalty against him.

Bret D. Crozier, 35, of Somerset, appeared before Pulaski Circuit Judge Jeffrey 
Burdette Thursday to be arraigned for the newest charges against him.

1 indictment involves 2 counts of 1st-degree assault, 2 counts of 1st-degree 
robbery and 1 count of 1st-degree burglary in connection to the Oct. 24 
shootings of 23-year-old Samuei Slores and 24-year-old Diego Martinez at their 
home on Sycamore Trail in Somerset. That incident occurred around 11 p.m. with 
both victims being airlifted to the University of Kentucky Medical Center.

A 2nd indictment stems from the shooting of 44-year-old Ronnie Taylor in the 
early morning hours of Oct. 25 at a Dahl Road location in Shopville. Charges 
include 1 count of 1st-degree assault and 2 counts of 1st-degree wanton 
endangerment.

Both cases will likely be consolidated with 2 previous indictments charging 
Crozier with the Oct. 24 fatal shooting of 76-year-old Albert Hail at his Oak 
Hill Road home and an attempt to elude authorities once Crozier was located 
around 1:30 a.m. on Oct. 25.

Crozier was indicted for murder, 1st-degree burglary and kidnapping an adult 
and minor whom authorities say were forced to accompany him to Hail's 
residence.

The final indictment was actually the first one that the grand jury returned - 
stemming from a high-speed pursuit westbound on KY 80 which ended when Crozier 
crashed his car on Pumphouse Road. Crozier, who had been accompanied by a 
17-year-old female and eight-month-old baby, was charged with 2 counts of 
1st-degree wanton Endangerment, possession of a firearm by a convicted felon, 
1st-degree fleeing or evading police, tampering with physical evidence, and 
operation of a motor vehicle under the influence of alcohol or drugs.

Among the 4 indictments - which will likely be consolidated - were no less than 
14 counts of persistent felony offender.

Though he had already indicated he would seek the death penalty once Crozier 
had been charged with murder, Commonwealth's Attorney Eddy Montgomery gave 
formal notice to Judge Burdette during Thursday's hearing.

The defense seemed prepared for the notice with Sandra Brown - a 
Lexington-based attorney with the Kentucky Department of Public Advocacy's 
capital trial branch - making her 1st appearance representing Crozier. Brown 
replaces local public defender Kenton Lanham and entered not guilty pleas on 
Crozier's behalf in all 4 cases.

Crozier remains lodged at the Pulaski County Detention Center without bond. His 
next hearing is scheduled for March 17, when Judge Burdette is expected to set 
a trial date.

(source: The Richmond Register)