[Deathpenalty] death penalty news----KAN., UTAH, CALIF., USA

[Rick Halperin]

Jan. 30



KANSAS:

2nd jury questioning would probe thoughts on death penalty


A Franklin County District Court judge said a 2nd voir dire wouldn't be a waste 
of time if it helped Kyle Flack clarify jurors' stances on the death penalty.

Judge Eric W. Godderz said he was leaning toward granting the process - though 
no action was taken - after a 2nd round of arguments from attorneys Friday 
afternoon in the west courtroom of Franklin County District Court, 301 S. Main 
St., Ottawa.

Flack, 30, faces capital murder and other charges in connection with the spring 
2013 quadruple homicide at 3197 Georgia Road, west of Ottawa. The case is 
slated to hit the jury trial stage Feb. 17.

Timothy Frieden, Flack's leading defense attorney, made the request for a 2nd 
voir dire between the guilt phase and a possible penalty phase.

The request stems from Frieden's concern that jurors won't fairly weigh 
mitigating factors with the prosecution's aggravating factors, such as criminal 
history, if jurors make up their minds about how Flack should be penalized once 
evidence unfolds.

Mitigating factors and aggravating factors are presented during the penalty 
phase of a criminal trial, that in Flack's case would help guide the jury to 
impose either the death penalty or a life sentence.

"The law is very clear a person is not a proper juror if they've already made 
up their mind," Frieden said.

Godderz's consideration of Frieden's motion comes just days before panels of 
prospective jurors are expected to appear in district court for jury selection 
starting Feb. 1. The court and attorneys will narrow down the jury pool from 
about 100 people to 12 jurors and 6 alternates.

Typically in criminal law cases, the purpose of voir dire is to determine 
before the trial starts whether jurors are death qualifying, or not opposed to 
the death penalty.

Godderz said hypothetical questions can be posed next week that simulate what 
both sides might present in the event of a penalty phase, but do not divulge 
case specific evidence.

However, Frieden said he would need to probe jurors a little deeper to get more 
than a "yes" or "no" opinion on death penalty.

At Godderz's request, Frieden drafted multiple questions he would ask during a 
second voir dire, including one about whether jurors could consider mercy as a 
mitigating factor.

"Are the jurors at that point in time so bound by aggravating factors they 
can't consider mitigating factors?" he said. "The only thing left is mercy and 
if they can't consider that, it's over."

The state's single proposed question filed Thursday by Victor Braden, deputy 
attorney general, is "Will you base your decision on whether or not to impose 
the death penalty on the facts of this case and the law as the judge 
instructs?"

Prosecution has objected to the defense's motion, stating the second jury 
questioning would come at a delicate stage in the trial. Braden said 
instructions read by the court before the trial are designed to address 
Frieden's concerns.

Additionally, the prosecution has argued the process would lack framework 
because it would be the 1st time practiced in Kansas.

"Everything that the court has looked up says there shouldn't be a 2nd voir 
dire," Godderz said, adding that Kansas statute says a single jury decides both 
guilt and penalty.

Godderz said he would make a final ruling within the 2 weeks before the jury 
trial.

(source: Ottawa Herald)






UTAH:

New death penalty bill moving through Utah Legislature


A new death penalty bill is making its way through the Utah Legislature.

Rep. Paul Ray, who made waves last year with his successful bill reinstating 
the firing squad, is sponsoring House Bill 136. It would make aggravated human 
trafficking a capital offense if a child dies in the process of being 
trafficked for forced labor or sex.

"If we really want a deterrent to it, you have to take this step," Ray told 
2News.

Ray's bill would open the death penalty to anyone who was involved in 
trafficking that child - not just the person responsible for the child's death.

"Whether you're the one that abducted the child or coerced the child or you're 
the one that was pimping the child at the time, you're potentially going to 
face the death penalty," said Ray.

The legislation has been read on the House floor and has been referred to the 
House Law Enforcement and Criminal Justice Committee.

But the bill is also attracting some stiff opposition. Tune in to 2News at 
10:00 to hear from some who don't think it's a good idea.

(source: KUTV news)






CALIFORNIA----new death sentence

Death ordered for man who slaughtered Hawaiian Gardens family


A Montebello man who murdered a former girlfriend, her brother and father 
during an early morning shooting rampage in Hawaiian Gardens nearly six years 
ago was sentenced Friday to death.

Joseph Mercado. Joseph Mercado."Each killing was cold and calculated ... Their 
(the victims') pleas for mercy were ignored," Superior Court Judge Raul A. 
Sahagun said in rejecting the defense's request to modify the jury's 
recommendation of a death sentence for Joseph Mercado, 32, to life in prison 
without the possibility of parole.

Mercado was convicted last Nov. 12 of 1st-degree murder for the May 6, 2010, 
killings of his ex-girlfriend, Serena Tarin, 23, and her father, Alfredo Tarin, 
53, and 19-year-old brother, Alfred "A.D." Tarin. The same jury recommended a 
week later that he be sentenced to death.

Just before being sentenced, Mercado apologized to the victims' wife and 
mother, Lucianna, who walked out during his brief statement.

"Lucianna, I'm sorry for everything I've done ... I want you to know that I did 
not want to kill everybody in that house," he said, noting that the youngest 
victim was "like a little brother to me that I never had."

Lucianna Tarin - who was injured in the attack and wears her left arm in a 
sling - told the judge that she can no longer drive or work and that her 
grandchildren are afraid to hug her out of fear that they will hurt her.

She called Mercado "a cold-blooded killer" and said he will "burn in hell" for 
what he did.

Serena Tarin's sister, Valerie Rodriguez, said the family experienced a "living 
nightmare" that morning, calling the man who had once been welcomed into the 
family's home an "evil monster that caused us so much harm and pain" and 
"wanted us all dead." "I hate you, Joseph, and I hate you for everything you've 
done to my family," she said, speaking directly to the defendant.

She told the judge that a death sentence for Mercado will "help us end this 
horrible chapter of our lives," and said Mercado needs to stop sending letters 
to the family home. Deputy District Attorney Robert Villa told the judge that 
Mercado has made attempts to send mail through third parties to the family 
despite a court order. The judge reiterated that order, saying that Mercado is 
not to try to contact the victims' family.

In urging the judge to go along with the jury's recommendation of a death 
sentence, the prosecutor called domestic violence a huge problem in the U.S. 
and said "what the defendant did in this case is taking it to a whole new 
level."

"He showed no respect for life. He was on a mission to gun down anyone he saw," 
Villa told the judge.

One of Mercado's attorneys, Daniel Nardoni, told the judge that there was "no 
motion any greater for a judge to rule on" than the automatic motion to reduce 
Mercado's punishment to life in prison. "You literally have the power to allow 
someone to live," Nardoni said, adding that life in prison was "not a walk in 
the park."

The judge sided with the prosecution, saying that the crimes demonstrated 
"extensive planning and sophistication" and occurred in the early morning to 
increase the possibility of a surprise attack.

Mercado gave meat to the family's dogs to stop them from barking, shot the 
family's patriarch "in cold blood" with an assault rifle, broke into the home, 
executed his former girlfriend at "point-blank range" after bursting through 
the bathroom door where she and 2 other family members, including their 
8-month-old baby, were locked inside and then shot and killed his ex- 
girlfriend's brother, the judge said.

At the start of the trial's penalty phase, jurors heard recordings of frantic 
911 calls made by Serena Tarin and her younger brother shortly before they were 
killed.

"I need an officer here. My ex-boyfriend's here and he's not welcome here ... 
He has no business being here ... I think he's trying to get inside," she 
reported in the call made at 3:41 a.m.

'Oh my God, oh my God, oh my God,' she said frantically after popping sounds 
can be heard in the background. "Please hurry. Oh my God, please hurry."

The 911 operator asked, 'What was that noise?' with the young woman responding, 
"I don't know" and later informing them of Mercado's name and age when asked 
his identity.

She is later heard saying, "Joseph, don't do this, please don't do this ... the 
baby," referring to their child.

As the recording was being played in court, Mercado sat with his hands covering 
his face and appeared to be crying after jurors heard the recording.

The panel also heard a recording of a 911 call made by the woman's brother 
shortly before he was killed.

"You'll hear A.D. take his last breath," the prosecutor told jurors.

"Please hurry, please help, please!" the 19-year-old could be heard pleading in 
the recorded 911 call in which he reported gunshots.

A 911 operator could later be heard repeatedly asking if he was OK as a woman 
screamed in the background.

Authorities said shortly after the crime that Mercado was involved in a child 
custody dispute with his ex-girlfriend and tried to set the home on fire.

Mercado then broke into the back of the home and opened fire with an assault 
rifle, killing the mother of his young son and the other 2 victims. 2 others, 
including Lucianna Tarin, were wounded.

About a half-dozen other family members escaped, with some hiding on the roof.

The couple's son was later adopted by Serena Tarin's sister and her husband.

Mercado was shot by a Los Angeles County sheriff's deputy as he emerged from 
the home that morning.

Along with the 3 murders, Mercado was convicted of 3 counts of attempted murder 
and 1 count each of 1st-degree burglary with a person present, shooting at an 
inhabited dwelling, child abuse and arson of an inhabited structure, and jurors 
found true the special circumstance allegations of multiple murders, murder 
while lying in wait and arson during the commission of a murder.

He was acquitted of 1 count of assault with a machine gun or assault rifle on a 
peace officer.

(source: mynewsla.com)

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

Penalty Trial Begins Monday for Gang Member Who Robbed, Killed MoVal Man----A 
Riverside jury deliberated only a few hours Wednesday before convicting 
40-year-old Romaine Ulyses Martin of 1st-degree murder.


A penalty trial will get underway Monday for a Los Angeles gang member who 
robbed and participated in the fatal shooting of a Moreno Valley man.

A Riverside jury deliberated only a few hours Wednesday before convicting 
40-year-old Romaine Ulyses Martin of 1st-degree murder, and finding true 
special circumstance allegations of killing for the benefit of a street gang 
and killing a witness to a crime.

Martin's co-defendant, 25-year-old Deontray Robinson of Palm Desert, was tried 
separately in November and was also convicted of murder with special 
circumstance allegations in the 2011 slaying of 29-year-old Jerry L. Mitchell 
Jr.

Robinson's 1st penalty trial ended with a hung jury. He's facing a penalty 
retrial in the next 3 months.

Both defendants are facing either life in prison without parole or the death 
penalty. They're each being held without bail at the Robert Presley Jail in 
Riverside.

According to prosecutors, the 2 defendants targeted Mitchell because they 
learned from a fellow member of the Black P Stone Bloods gang that he was 
loaded with cash.

Martin and Robinson attacked the victim on the night of May 27, 2011, outside 
his apartment in the 12000 block of Carnation Lane.

The pair pistol-whipped him until he managed to run into his residence and 
barricade himself in the bathroom, prosecutors said.

Martin fired a shot into the space before he and Robinson left the location, 
taking a number of Mitchell's belongings with them, according to the 
prosecution. There was no bundle of cash in the victim's possession.

"After the assailants left, Mitchell went to a neighbor's apartment and called 
911," according to the District Attorney's Office. "Mitchell then returned to 
his apartment to wait for (sheriff's deputies) to get there. While waiting, 
defendant Robinson came back and fired multiple shots at Mitchell, killing 
him."

The victim died at the scene.

Martin's 1st trial ended after weeks of testimony in September when the defense 
belatedly notified Superior Court Judge Bernard Schwartz that he had served as 
Martin's public defender in a 1997 robbery trial.

Schwartz declared a mistrial and referred the case to the courtroom of Superior 
Court Judge Candace Beason, who handled the most recent trial and will preside 
in the penalty phase.

Martin has prior convictions for robbery, being a felon in possession of a 
firearm and driving under the influence, according to court records.

(source: patch.com)

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

Penalty trial in home invasion murder begins Wednesday


The penalty phase in a 2011 Moreno Valley home invasion robbery and shooting 
death is expected to start Wednesday, Feb. 3, where a jury will be asked to 
recommend the death penalty or life in prison without parole for 1 defendant.

A Riverside County Superior Court jury found Romaine Ulyses Martin, 41, of 
Moreno Valley, guilty of charges including murder, robbery, being a convicted 
felon in possession of a fire arm and commission of a crime in furtherance of a 
criminal street gang on Wednesday, Jan. 27, according to court records.

Riverside County Deputy District Attorney Jon Brandon told jurors during the 
trial that Martin controlled and influenced gang members half his age and 
ordered another previously convicted participate, Deontray Robinson, to go back 
to the Carnation Lane condominium after leaving with the loot to kill victim 
Jerry Mitchell Jr. who knew Robinson.

Mitchell, 29, had no gang ties, but the robbers mistakenly thought he had 
$10,000 cash stashed in his home. At Robinson's trial last year, there was 
testimony that he regretted not killing a neighbor who witnessed the shooting.

Defense attorney John Dorr told jurors that prosecution witnesses had motives 
to change their stories and lie, putting Martin at the crime scene as an active 
participant. One witness was not charged in the case and another may get only a 
12-year prison sentence for his role in exchange for his cooperation.

A jury deadlocked in the penalty phase for Robinson, now 26, of Palm Desert. A 
hearing is scheduled next month on a possible retrial to recommend the death 
penalty or life in prison.

(source: Press-Enterprise)






USA:

Things to Know: The Death Penalty and Execution Drugs


Executions in the United States have been on a fairly steady decline in recent 
years, dropping to 28 last year - the lowest since 1991. A peak of 98 came in 
1999.

Difficulty obtaining lethal injection drugs after many manufacturers stopped 
selling their products for use in executions has made it tough for some states 
to execute existing death row inmates. Other reasons for the decline include 
better legal representation for those facing the death penalty, life-in-prison 
sentences without parole, and the high cost of death penalty prosecutions.

Georgia is set to execute its oldest death row inmate Tuesday. Brandon Astor 
Jones, 72, was convicted in the 1979 killing of convenience store manager Roger 
Tackett. Van Roosevelt Solomon, who was also convicted and sentenced to death 
for the killing, was executed in Georgia's electric chair in February 1985.

Here's a look at some death penalty facts and figures.

WHO ALLOWS THE DEATH PENALTY?

Capital punishment is legal in 31 states. But only 6 states - Florida, Georgia, 
Missouri, Oklahoma, Texas and Virginia - carried out executions in 2015. Texas 
had the most with 13, followed by Missouri with 6 and Georgia with 5.

Michigan has the longest-standing ban on the death penalty; the state did away 
with capital punishment in 1846. 7 states have abolished the death penalty in 
the past 10 years: Nebraska (2015), Maryland (2013), Connecticut (2012), 
Illinois (2011), New Mexico (2009), New Jersey (2007) and New York (2007).

But Nebraska's ban faces a test. Death penalty supporters launched a successful 
drive to get the issue on this year's general election ballot. And New Mexico's 
ban wasn't retroactive, leaving 2 people on death row.

----

FALLING NUMBERS

Over the past decade, the number of executions has fallen pretty steadily in 
the U.S.

2006: 53

2007: 42

2008: 37

2009: 52

2010: 46

2011: 43

2012: 43

2013: 39

2014: 35

2015: 28

The last execution of 2007 was in September in Texas; after that, executions 
were effectively halted for about seven months while U.S. Supreme Court 
considered a challenge to a lethal injection method. The court in April 2008 
upheld the method, and executions resumed with a May 2008 death in Georgia. 
That timeline helps explain why the number of executions nationwide dipped more 
dramatically in 2007 and 2008 and then increased for 2009.

----

EXECUTION DRUGS AND SECRECY LAWS

States have scrambled in recent years to find sources of lethal injection drugs 
after pharmaceutical manufacturers, many of them in Europe, stopped selling 
their products for use in executions, citing ethical concerns. That has led a 
number of states to enact laws that shield the identities of their drug 
suppliers. The states say pharmacies and companies that are willing to make the 
drugs fear retaliation from death penalty opponents if their identities are 
made public.

(source: Associated Press)