[Deathpenalty] death penalty news----TEXAS, ME., CONN., DEL., FLA.

[Rick Halperin]

Jan. 27



TEXAS----impending execution

Texas Game Warden Killer Set to be Executed Wednesday


A man convicted in the 2007 shooting death of a Texas game warden in Wharton 
County is scheduled for execution Wednesday evening.

James Garrett Freeman, 35, shot and killed Justin Hurst, a game warden with the 
Texas Parks and Wildlife Department, following a 90-minute chase on country 
roads in the early morning of March 17, 2007, according to court documents. It 
was Hurst's 34th birthday.

Unless there is a last-minute stay, Freeman will be the 2nd execution in Texas 
this year and the 4th in the United States. 8 more executions are scheduled in 
the state through July.

Freeman was first approached by law enforcement after he shot and killed a 
possum from the side of the road, according to court documents. Another game 
warden patrolling the area heard the shot, and when he activated his emergency 
lights, Freeman sped away.

Law enforcement from multiple agencies took part in the high-speed chase before 
Freeman ran over a set of spikes that officers had set up near a cemetery. 
Dashboard camera video shows he exited the car shooting at officers with a 
handgun, returned to his car while officers shot back, then came back out 
firing an assault rifle.

Hurst came out from cover to fire at Freeman and was shot and killed. Freeman 
was also hit by several bullets, including one that penetrated his leg, Wharton 
County District Attorney Ross Kurtz said.

"Justin was very loved and respected, as is his family who remains in Wharton," 
Kurtz said. "It was a great loss."

Freeman would be the 1st person to be executed from Wharton County since the 
death penalty was reinstated in 1976, according to the Texas Department of 
Criminal Justice. There have been other capital murder cases in the county 
since Freeman's case in 2008, but none have sought the death penalty, Kurtz 
said. The county has a population of about 41,000.

Freeman's lawyers said the unique thing about this case was Freeman's lack of a 
violent criminal history. He was on probation for a DWI at the time of the 
shooting, court documents said, but had never faced violent charges. During 
appeals, Freeman argued his good behavior in jail and lack of violent history 
indicated he would not be a future danger to society, an element that was 
necessary to sentence someone to death.

"The most difficult thing for people to grapple with on all sides of this case 
is the lack of criminal history in this fellow's background and the 
extraordinary violence of this event," said Patrick McCann, Freeman's lawyer 
for his direct appeal to the Texas Court of Criminal Appeals. "It's so hard for 
people to look at the video of this encounter and not think that this was done 
by someone with a violent, vicious history."

Freeman has no pending appeals in state or federal courts. On Monday, the Texas 
Board of Pardons and Paroles voted not to recommend a commuted sentence, a 
common occurrence immediately before a scheduled execution, according to the 
Attorney General's Office.

(source: Texas Tribune)






MAINE:

Paul LePage Floats Idea of Publicly Beheading Drug Dealers With Guillotine


Maine governor Paul LePage, who earlier this month said that drug traffickers 
"by the name D-Money, Smoothie, Shifty" were impregnating "young, white girl[s] 
before they leave," said today that he thought drug dealers should face the 
death penalty, or at least very long prison sentences.

"I think the death penalty should be appropriate for people that kill Mainers," 
he told WMOV. "We've got to go 20 years, we've got to keep them here until they 
die. If you want my honest opinion, we should give them an injection of the 
stuff they sell."

As his interviewers tried to wrap up the interviewer, LePage interjected to add 
one last joke with a laugh. "What we ought to do is bring the guillotine back. 
We could have public executions and we could even have which hole it falls in." 
(Huh?)

"I like French history," he added.

The death penalty is definitely history in France: No prisoners have been 
executed there in more than 30 years. The U.S. has never used the guillotine, 
although several states have been legalizing or debating decidedly retro forms 
of the death penalty, including firing squads and the electric chair, in the 
past year, as lethal injection has become nearly impossible. Back in 2014, a 
federal appeals judge wrote in a dissent that executing someone by guillotine 
was "probably best," although it also "seems inconsistent with our national 
ethos."

However, this whole debate is a bit moot, as the death penalty has been illegal 
in Maine since 1887, after a man sentenced to death by hanging was slowly 
strangled.

Earlier this month, when LePage explained that he didn't mean to say that white 
girls were getting impregnated by drug traffickers (he meant to say "Maine 
women"), the governor noted that he "was going impromptu and my brain didn't 
catch up to my mouth."

LePage also said that he was just going to send his State of the State to 
legislators instead of giving an address, because he is just sick of everyone 
yelling at him. "It makes no sense," he complained. "Last week, they tried to 
impeach me. This week, they're throwing rotten tomatoes at me. Why would I go 
stand in front of them for an hour and a half?"

New Jersey governor Chris Christie has received an endorsement from his fellow 
governor in the north, and said he didn't think LePage's flubs were a big deal 
a few weeks ago. "We can't judge people by one set of remarks they make, 
especially when they apologize and genuinely apologize afterwards," he said on 
MSNBC. "So from my perspective, Paul LePage is a good friend of mine, he is an 
outspoken guy, we all know that he shoots from the hip. And when he does that 
there's going to be times when he says things that even he in retrospect thinks 
he shouldn't have said."

He did not say how many sets of bad remarks a politician had to accumulate 
before you could judge them.

(source: nymag.com)






CONNECTICUT:

Law school hosts wrongfully convicted man


An audience of 225 people gathered in the Yale Law School auditorium Tuesday 
night to hear a presentation by Anthony Ray Hinton, a former Alabama death-row 
inmate who was wrongfully convicted on 2 counts of 1st-degree murder and 
finally exonerated in April after spending 30 years in prison.

At the event, which was organized by the Yale Law School's Capital Punishment 
Clinic and the nonprofit Equal Justice Initiative, Hinton spoke about flaws in 
the criminal-justice system and discussed his experience, expressing a message 
of forgiveness and optimism despite his 3-decade-long ordeal.

"Make no mistake, no man or woman was made to survive 30 years in a 5-by-7 
cell, but by the grace of God I survived," Hinton said. "There's an old saying: 
when you love something and you lose it, and it finds its way back to you, you 
learn to love it even more. I love life even more now."

Hinton, who was 29 at the time of his conviction, was arrested for the murders 
of 2 restaurant managers. Prosecutors said the bullets taken from the victims' 
bodies matched a .38-caliber revolver owned by Hinton's mother, despite the 
fact that Hinton was at work at the time and there were no eyewitnesses. 
Additionally, the ballistics expert who testified against Hinton at his trial 
was blind in 1 eye.

Hinton emphasized the role that race and status played in his conviction. 
According to him, being a poor, black man facing a white judge, prosecution and 
jury "spelled conviction."

While on death row, Hinton saw over 50 men executed by electric chair and 
almost a dozen commit suicide. His cell was 30 feet away from the chair, he 
said, and he could smell burning flesh the day after an execution. He was in 
prison when his mother, whom he described as "he love of [his] life," passed 
away in 2002.

Despite this, Hinton credits his imagination and sense of humor with sustaining 
him.

"I read every book I could get my hands on for my mind to be free. I imagined 
being anywhere I wanted to be; my body couldn't come with me but I allowed my 
mind to travel," Hinton said. "I had the privilege of marrying ... Halle Berry, 
Sandra Bullock and Kim Kardashian."

After a series of lawyers and many years on death row, living in a cell with a 
bed so small he had to sleep in the fetal position, Hinton reached out to Bryan 
Stevenson, founder and attorney at the Equal Justice Initiative. The EJI 
provides legal representation to prisoners who have been denied fair treatment 
in the legal system.

The EJI brought Hinton's case to the United States Supreme Court, where the 
justices unanimously decided that the state of Alabama had to hear his appeal. 
Ballistics experts agreed that the bullets taken from the victims did not match 
Hinton's mother's pistol, and he was freed.

Sia Sanneh LAW '07, senior attorney at EJI and visiting clinical lecturer at 
the Law School, worked on Hinton's case for several years and introduced him to 
the crowd as both a close friend and a hero, calling her time with him outside 
of prison one of the highlights of her life as a lawyer. Hinton's case was one 
of the first Sanneh worked on after joining the EJI.

"Hinton has faced a remarkable injustice, and yet throughout his ordeal he has 
remained a person of remarkable faith, integrity, character and courage ... To 
watch him share his story with people in the free world as we work together for 
a more just system [is] hard to put into words how meaningful it is, for me and 
for all of us at EJI," Sanneh told the News.

Hinton says he has forgiven the state of Alabama and the individuals involved 
in his case. He said that while 8 months cannot erase the past 30 years, he 
does not want to live with hate, but to appreciate his freedom and his new 
life: cell phone, GPS and all.

"I forgive them not so that they can sleep good at night; I forgive them so 
that I can sleep good at night," he said. But he said he is still adjusting to 
life outside of prison: he sleeps in fetal position out of habit despite his 
new king-sized bed, and he still wakes up at 3 a.m. as he was forced to on 
death row.

Both Sanneh and Hinton addressed the racial bias and corruption at the heart of 
his legal proceedings and advocated for the abolishment of the death penalty, 
to the applause of the crowd. According to Sanneh, the need for reform is 
demonstrated by the fact that for every 9 people executed on death row, 1 is 
identified as innocent and exonerated.

Attendees, such as Jacob Li LAW '16, expressed their horror and shock at 
Hinton's story as a symbol of the flaws in America's criminal-justice system.

"To be honest, I don't know that much about prison-reform policies, but I'm 
aware of the massive injustice that occurs within the system," said Clio 
Byrne-Gudding '19. "30 years on death row is appalling, and he's one of 
countless people that have been victims."

Hinton spoke of using his experience to create positive change for others who 
might end up in similar situations. He asked audience members to write to 
Congress in favor of ending the death penalty, and he mentioned public-speaking 
opportunities at various states and universities.

"I hope that Yale students understand that the justice system is not always 
fair, and I need young people to rise up," Hinton said. "I assume there are 
going to be some great lawyers that come out of Yale, and I just hope they were 
here tonight and will remember this speech in years to come."

The Equal Justice Initiative was founded in 1989.

(source: Yale Daily News)






DELAWARE:

Delaware Supreme Court asked to review death penalty law


A Delaware judge is asking the state Supreme Court to determine whether 
Delaware's death penalty law meets constitutional muster in light of two recent 
U.S. Supreme Court rulings.

In certifying several questions of law to the Supreme Court, Superior Court 
Judge Paul Wallace noted that there are more than 2 dozen pending capital 
murder cases in Delaware.

But 2 U.S. Supreme Court rulings this month raise questions about Delaware's 
death penalty law because it gives judges, not juries, the final say in 
imposing a death sentence.

While Delaware's courts consider the issue, the state House is scheduled to 
vote Thursday on whether to give final legislative approval to a bill 
abolishing Delaware's death penalty.

Democratic Gov. Jack Markell has said he will sign the bill if it reaches his 
desk.

(source: Associated Press)






FLORIDA:

Barahona attempted murder case set for Palm Beach County trial in July


It's been almost five years since Jorge Barahona allegedly used toxic chemicals 
in an attempt to kill his adopted son, Victor, in Palm Beach County. Now plans 
are on track for the Miami man's high-profile trial this summer.

Without Barahona in the courtroom Tuesday, Circuit Judge Samantha Schosberg 
Feuer set the case for jury selection to start July 25. The trial had been 
scheduled for last September until the attorneys requested more time to 
prepare.

The former pest exterminator, 58, and his wife, Carmen, remain charged with 
first-degree murder in Miami-Dade County in the death of Victor's 10-year-old 
adopted twin sister, Nubia. Prosecutors there are seeking the death penalty 
against the couple, accused of torturing and abusing the siblings for years.

That case will follow the trial in Palm Beach County, where Jorge Barahona 
alone faces charges of attempted first-degree murder with a weapon and 
aggravated child abuse with a weapon, concerning Victor's scary brush with 
death.

It was early on the morning of Feb. 14, 2011, when Barahona's pest control 
truck was discovered along the side of Interstate 95 in West Palm Beach. 
Barahona was passed out on the ground, Victor was convulsing with chemical 
burns and Nubia's decomposing body was wrapped in plastic in the vehicle, 
authorities said.

In 2014, Barahona's attorney tried unsuccessfully to get the case moved to 
Miami-Dade County, based on a argument that there is a lack of evidence the 
suspected crimes happened in Palm Beach County.

Assistant State Attorney Jill Richstone told the court there's plenty of proof 
the boy was exposed to an acidic liquid after Barahona drove into Palm Beach 
County with him, sometime after midnight on Valentine's Day.

Former Circuit Judge Sandra McSorley also denied a defense request to stop the 
jury from hearing all of Barahona's statements to three police detectives, 
which he gave from his hospital bed on Feb. 15 after waiving his right to speak 
first with his attorney.

Assistant Public Defender James Snowden had argued Barahona's interview should 
be excluded from the trial because his client was too groggy. Barahona had 
recently awoken from a coma, was medicated and unable to think clearly, his 
lawyer insisted.

But the prosecutor countered Barahona knew what he was doing, pointing to 
testimony from the detectives and a snippet of the recorded statement.

Barahona spoke of pouring gasoline on himself, and mentioned he was "thinking 
of committing suicide" and was "running away" from Miami, according to court 
records. He denied pouring any liquids on the boy.

During a previous hearing, witness Thomas Butler testified about his horrific 
discovery of Barahona's Toyota. The Interstate 95 road ranger opened the door 
to the pickup and "a strong odor came out and hit me right in the face," he 
said.

Butler said he took Victor from the truck's front seat and carried the 
shivering, "incoherent" child back to the warmth of the ranger truck until city 
fire-rescue crews arrived.

"When I ... picked him up to put him in my truck my hands started stinging, and 
like burning," Butler testified. Victor was soaked, he added, "from his hair to 
his shorts."

Reports of the suffering endured by Victor and his sister led to changes in 
Florida's child-welfare system. Authorities found out the children's teachers 
and others had reported suspected abuse and torture by their adoptive parents 
on numerous occasions, but those calls were not properly investigated.

Victor reportedly went to live with biological relatives in Texas to complete 
his physical recovery.

The Florida Department of Children and Families agreed to a $5 million 
settlement with the boy. He received $1.25 million, but the rest depends on the 
state Legislature.

The matter is among so-called claims bills that were filed for consideration 
during the current legislative session.

(source: Sun-Sentinel)

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

Legislature should require unanimous juries for death penalty cases


When the Florida Senate Criminal Justice Committee convenes a workshop today, 
legislators will have their first chance to find a fix for the state's 
unconstitutional sentencing process in death penalty cases.

On the opening day of this year's legislative session, the U.S. Supreme Court 
ruled that Florida's system violates the Sixth Amendment because it allows 
judges, not juries, final say in capital sentencing. If history is a guide, the 
Legislature may take a minimalist approach - a tack generally favored by 
prosecutors and Florida's attorney general. But that path could risk further 
constitutional attack. If Florida is going to impose a death penalty, it would 
make sense for the Legislature to require a unanimous jury decision rather than 
to tinker around the edges of the problem.

Writing for the majority in the 8-1 Hurst vs. Florida decision, Justice Sonia 
Sotomayor underscored that even though Florida's unusual process required 
judges to place great weight on juries' recommendations, that wasn't enough to 
pass constitutional muster - especially since judges could override them.

Specifically, the nation's high court ruled that Ring vs. Arizona, decided 14 
years ago, says that the Sixth Amendment requires juries, not judges, to 
determine whether a sufficient number of aggravating factors are present in a 
capital case to impose a death sentence.

In 2005 in State vs. Steele, the Florida Supreme Court did not apply the Ring 
standard to give jurors final say but did urge the Legislature to require 
unanimous juries to recommend death sentences. The trial judge in Steele had 
ordered the jury to use special verdict forms to make specific findings 
regarding the presence of aggravating factors; however, Florida's high court 
opined that "the court's order imposes a substantive burden on the state not 
found in the statute and not constitutionally required."

Simply put, Florida is an outlier. It is the only state among 31 remaining 
death penalty states that required unanimous verdicts only to convict, but not 
when considering either aggravating factors or whether the sentence should be 
death. In those instances a mere 7-5 vote suffices in Florida.

Before Hurst, jurors in the penalty phase considered an arguably unwieldy 
number of aggravators enumerated in Florida law but didn't have to specify 
them. Hypothetically, seven jurors could find different aggravators and five 
find none, which in practical terms was sufficient to recommend death even if 
no one agreed on a specific aggravator.

In 2006, the American Bar Association released a report that identified issues 
raised in Ring and Steele as areas of critical concern along with a range of 
other significant process issues involving the fairness, accuracy and 
impartiality of Florida's death penalty process. But it took no position on 
capital punishment.

In 2013, the Florida Bar Board of Governors adopted a position in support of 
state officials conducting a comprehensive review of Florida's entire death 
penalty process by all branches of government, which the Bar reaffirmed last 
year; we initially proposed that position in 2011. Essentially, no such review 
has been conducted in Florida. Like the ABA report, the Florida Bar's position 
focused on process issues, not on capital punishment per se.

Research by Scott Sundby from the University of Miami School of Law indicates 
if unanimity is required, that brings more rigor to deliberations, which 
changes their nature. He also found that when 9 or more jurors favor a death 
sentence, the likelihood of achieving unanimity is greater if a jury is so 
charged.

The ABA passed a resolution last year urging all states to require unanimity 
for these purposes.

While Hurst doesn't specifically address unanimity, a logical place for the 
Legislature to begin is a bill we helped shape that would require unanimity and 
the use of special verdict forms for specific findings of aggravators and 
recommendations of death. Sen. Thad Altman, a Viera Republican, has filed this 
bill repeatedly over the past several sessions. It can be readily modified to 
address Hurst.

On Tuesday, Florida's high court will hear oral arguments regarding how broadly 
Hurst should apply to Florida's death row population of nearly 400. The context 
is a case in which Gov. Rick Scott signed a death warrant and a Feb. 11 
execution date is pending.

The state will likely argue for limited application. Others will assert Hurst 
should be applied broadly given that Florida's sentencing scheme was declared 
unconstitutional.

No matter how anybody feels about capital punishment, justice would be well 
served if the Legislature were to require unanimous penalty phase juries and 
agree to the Florida Bar's call for a comprehensive review when addressing the 
constitutional defects specifically raised by the U.S. Supreme Court in Hurst.

(source: Column; Raoul Cantero, a former state Supreme Court justice appointed 
by Gov. Jeb Bush, wrote the majority opinion in the 2005 Steele case. He now 
practices law in Miami. Mark Schlakman is senior program director for Florida 
State University's Center for the Advancement of Human Rights, and served on 
the ABA's Florida Death Penalty Assessment Team----Tampa Bay Times)