[Deathpenalty] death penalty news----TEXAS, VA., FLA., OHIO, IND.

[Rick Halperin]

June 3




TEXAS----females to face death penalty

Concert pianist's wife faces death penalty trial after 'smothering' their 
1-year-old and 5 year-old daughter with a pillow in Texas----Sofya Tsygankova 
is accused of killing daughters Nika, 5, and Michaela, 1


A Forth Worth mother is facing a death penalty trial after she was indicted on 
2 counts of capital murder over the deaths of her 2 daughters.

Ukrainian-born Sofya Tsygankova is accused of smothering her 2 daughters Nika, 
5, and Michaela Koholodenko, 1, with a pillow at her home in Benbrook, Forth 
Worth in March 2016.

Tsygankova pleaded not guilty to both charges and is currently in Tarrant 
County jail with a bond set of $2 million.

The 32-year-old suspect is the estrange wife of internationally renowned 
pianist Vadym Kholodenko, who discovered his wife covered in blood and the 
bodies of his daughters when he arrived a their house on March 17 to take the 
girls to school.

According to the arrest warrant affidavit, Tsygankova 'was going crazy and she 
had blood on her'.

Responding officers who arrived at the scene said: 'Tsygankova was rocking back 
and forth, and making noises'.

'Officer Wallace was unable to understand what she was saying. Tsyganokova was 
wearing a mid-length night gown that was covered in blood.

'Officer Wallace observed blood on both of her arms as well. Officer Wallace 
noticed a cut on the inside of her left wrist. Officer Wallace noticed a 
puncture wound on Tsygoankova's chest, near the inside of her left breast.'

Officer Wallace reported he discovered the body of 1-year-old Michela 
Kholodenco lying on her back with 'a light colored fluid running out of her 
mouth'. He described her as 'ashen colored' and cold to the touch.

The body of 5-year-old Nika showed signs of rigor mortis.

Officers found a pillow 'partially resting' on Michela's head in the master 
bedroom.

According to court documents, 'the pillow had a slight indentation on top 
consistent with the size of a small head'. The documents claimed there was 'a 
small spot of biological fluid' on the pillow.

A search team recovered large butcher knife with blood on the blade and the 
handle hidden outside on the patio. A 2nd, cleaver style knife was inside the 
bath tub, beside 3 bottles of prescription medicine.

Officers also found an empty bottle of prescription medicine in the kitchen.

In an affidavit, Detective R James met with Tsygankova in the intensive care 
unit of John Peter Smith Hospital.

He claims Tsygankova told him: 'I think I committed suicide.' She admitted 
injuring herself with a knife and taking a lot of pills. He said: 'She didn't 
want to live.'

James said Tsygankova waived her Miranda Rights and allegedly told the officers 
she 'didn't see any future for me and kids'. She later asked: 'Did I do 
anything bad to my kids?'

Vadym Kholodenko was born in 1986 in the Ukrainian capital Kiev and is best 
known as being the winner of the Fourteenth Van Cliburn International Piano 
Competition.

He is the 1st musician in his family and began performing publicly aged 13 with 
concerts in the U.S. China, Hungary, and Croatia.

In 2005, he began studying in Moscow at the Moscow P. I. Tchaikovsky 
Conservatory.

His big break came in 2013 when he won the Van Cliburn competition and was 
praised for his 'mesmerizing and exhilarating performances'.

It led him to play with the Bakersfield Symphony Orchestra, the Philadelphia 
Orchestra and at the Portland Piano International.

He also released a live CD of his performances at the Van Cliburn competition 
and followed it up with a studio recording.

Kholodenko eventually settled in Fort Worth, Texas, with his wife and 2 
daughters.

(source: dailymail.co.uk)

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

Hearings set Friday for 4 suspects in capital murder case


Pretrial hearings are scheduled Friday for 4 people indicted on charges of 
capital murder in the shooting death of a 69-year-old San Angelo man.

Prosecutors with the Tom Green County 51st District Attorney's Office are 
seeking the death penalty for 3 of the 4 accused.

Eric John Martinez, 26; Jonathan Jesse Marin, 27; Eliza Victoria Losoya, 29; 
and Fernando Lavaris Jr., 30, are in the Tom Green County Jail in lieu of more 
than $500,000 bail each.

Lavaris has been in jail since Aug. 31, and the other 3 were taken into custody 
in September.

A special sitting of a grand jury was held in November because of the magnitude 
of the charge. Capital murder is punishable by death or life in prison without 
parole.

Prosecutors intend to seek the death penalty for Marin, Losoyo and Lavaris in 
the event of a conviction, according to court documents.

All 4 were indicted in paragraph one of the indictment with burglary of a 
habitation and robbery in paragraph 2.

4 different attorneys were listed to represent each of the 4 suspects. The 
pretrial hearings are scheduled in 51st District Judge Barbara Walther's 
courtroom at 10:30 a.m.

What began as an attempted robbery Aug. 31 at a residence in the 500 block of 
Sellers Street led to a shooting and the subsequent death of William Valdez, 
69, according to court documents.

Valdez was shot under his left arm, about 4 to 6 inches from his armpit, 
according to the complaint, and was taken to Shannon Medical Center for 
emergency surgery.

Valdez had his kidney removed and suffered a spinal cord injury and a 
perforated colon from the gunshot, according to the complaint. The bullet also 
could not be removed from his body at the time, according to court documents. 
He died Sept. 15 after about 2 weeks on life support.

About 4:05 a.m. Aug. 31 William Valdez's son, Guillermo Valdez, said he heard 
his dog barking and someone banging on the sliding glass door at his home, 
according to court documents.

Guillermo Valdez went outside and was confronted by Losoya in the driveway, who 
said that the 2 needed to talk, stated court documents.

Guillermo Valdez told police he became fearful and went back in the house, 
locked the front door and called police. He then said he heard the sliding 
glass door being broken into as he entered his bedroom and the front door being 
kicked open after, according to court documents.

He said he heard a man say "Where's the money and do not call the police" 
before hearing gunshots inside his father's bedroom, according to the 
complaint. Guillermo Valdez said he was afraid he was going to be shot, so he 
stayed inside his bedroom, according to the complaint.

When he eventually left the room, he said he saw his father lying by his bed as 
he waited for police.

Losoya told police that she, Lavaris, Martinez and Marin went to the residence 
with the intent to steal after breaking into the house, according to court 
documents. She said Marin "had been casing the victim's house for a future 
robbery" and that the men all had guns and Martinez had a BB gun.

Losoya also told police she was hiding with Lavaris near a vehicle that was 
parked in the driveway at the front of the house when the incident began, 
according to court documents. She then began knocking on the sliding glass 
window that was near the parked car, and she said she spoke with Guillermo 
Valdez before he walked back into the house.

Losoya said she returned to her hiding spot, heard the front door being knocked 
down and ran away when she heard gunshots.

Marin told police he arrived at the residence in a car with the 3 other 
suspects. According to court documents, he told police the others had asked him 
if he was willing to commit a burglary with them, and he agreed to. Marin told 
police that Martinez, Losoya and Lavaris went to the front of the house while 
he stayed at the back of the house by himself, according to court documents.

In another account, Marin told police he waited with Martinez at the back door 
during the incident, according to court documents. Marin also told police he 
was inside the house when the burglary occurred and that he saw Lavaris shoot 
William Valdez, the documents stated.

Lavaris told police he was present during the robbery and that he was at the 
front of the home with Losoya, but said he was under the influence of 
methamphetamine laced with heroin and couldn't remember anything, according to 
court documents. Lavaris refused to provide details of the incident and only 
stated that he ran from Sellers Street and never went inside the home, 
according to court documents. Investigators matched Lavaris' palm print to one 
on the sliding glass door and recovered a bullet and 2 9 mm bullet casings at 
the scene.

(source: gosanangelo.com)






VIRGINIA:

Deadline given for death penalty decision for Henrico man accused of killing 
his parents


A man accused of killing both his parents in their Henrico County home Easter 
Sunday will stand trial in June of next year.

But by Aug. 16, William Roy Brissette, 22, of the 3800 block of Forge Road, 
will find out if he faces the death penalty for the pair of charges of capital 
murder of his parents, Henry J. Brissette III, 59, and Martha B. Brissette, 56.

Brissette was in court Thursday waiving his right to a speedy trial. In 
addition to the capital murder charges, he is also charged with 2 counts use of 
a firearm in the commission of a felony.

Brissette's parents were found March 27 shot to death in their home, where 
their son lived too. Police said it was William Brissette who called them after 
the shooting.

On Thursday, Judge James Stephen Yoffy ordered Henrico Commonwealth's Attorney 
Shannon Taylor to decide whether or not she will pursue the death penalty in 
the case. The punishment for a capital offense is death or life imprisonment.

(source: Richmond Times-Dispatch)






FLORIDA:

Death penalty cases backlogged after ruling


The biggest hurdle for prosecutors in death penalty cases like this will be 
fighting to keep it a death penalty case.

Last January, the U.S. Supreme Court ruled Florida's death penalty process 
unconstitutional because it gave judge's the final say over a jury's 
recommendation. Lawmakers tired to apply a quick-fix: instead of making it a 
unanimous vote for the jury, they decided a 10-2 vote was enough to hand down a 
death sentence.

The change brought a flurry of challenges by defense attorneys for accused and 
convicted criminals facing death.

One such challenge comes from the defense attorney for Jose Gonzalez. accused 
of killing Meaghan Casedy and dumping her nude body behind a Riverview shopping 
center. Gonzalez has yet to go to trial.

In court Thursday, Gonzalez's attorney, Dwight Wells began by attacking the 
evidence.

"It's one of the few death penalty cases I've done where there is a lack of 
specificity as to how the person died," Wells explained.

The defense is fighting to get all of Meaghan's medical records. It want to 
prove she died of a drug overdose, not murder.

Hillsborough State Prosecutor Scott Harmon said the defense's effort is nothing 
more than a fishing expedition.

"It's a stretch of the imagination, how this could be relevant to what was 
actually in her system," Harmon said.

In the same courtroom, Hillsborough Public Defender Charles Traina also fought 
for her client, for former WWE wrestler Brian McGhee. He is accused of stabbing 
his girlfriend to death.

"I expressed that it wasn't likely that we would be going to trial then, 
because of all the uncertainly with the death penalty issues that are still 
going on in the State Supreme Court," Traina explained.

Both cases are back in court this summer.

(source: Fox news)

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

Kin of Spaniard on death row in U.S. cautious ahead of new trial


Family and supporters of Pablo Ibar, a Spanish citizen sentenced to death in 
Florida for a 1994 triple-murder, said here Thursday that while they welcome a 
decision to grant him a new trial, they remain wary.

Ibar's father and cousin and the spokesman for the Pablo Ibar Association 
Against the Death Penalty, Andres Krakenberger, met Thursday morning with the 
president of the Basque regional parliament, Bakartxo Tejeria, and other 
lawmakers.

After the round of meetings, they told reporters they hope to convince the 
parliament to issue an institutional declaration in favor of Ibar.

Krakenberger said the different parties have been favorable to supporting this 
cause "of evident injustice."

In February, the Florida Supreme Court overturned the 2000 murder conviction of 
the 45-year-old Ibar, who has been imprisoned for almost 22 years, 15 of them 
on death row.

The 4-3 decision means Ibar will get a new trial on charges he took part in the 
1994 murders of nightclub owner Casimir "Butch Casey" Sucharski, 48, and models 
Sharon Anderson and Marie Rogers, both 25.

The Supreme Court on Wednesday formally returned the case to a court in Broward 
County, just north of Miami, where the crime took place.

Krakenberger said Thursday that though the new trial should begin within 90 
days, there is a series of variables that could influence the situation, 
including the fact that the prosecution may ask for a postponement.

Despite the fact that they're optimistic, Krakenberger urged people not to 
"lower your guard" or to "celebrate," because prosecutors continue to seek the 
death penalty for Ibar.

When asked about how the citizen and institutional campaign is going to collect 
the funds needed to pay for the cost of a new trial, Krakenberger said that 
they have a little over half the required money in hand and that the lawyers 
have begun working on the pretrial preparations.

Ibar's father Candido said that the family is encouraged and hopeful, adding 
that his son is doing well, although he's also a little "nervous" about the new 
phase that's beginning now.

(source: Fox news)






OHIO----new death sentence

The Latest: Ohio Man Who Killed 3 Women Gets Death Sentence


A convicted sex offender has been sentenced to death in Ohio for killing 3 
women and wrapping their bodies in garbage bags.

A Cleveland judge on Thursday followed a jury's recommendation that 38-year-old 
Michael Madison should be executed for aggravated murder and kidnapping. The 
judge could have instead chosen life in prison with no chance of parole.

The bodies of 38-year-old Angela Deskins, 28-year-old Shetisha Sheeley and 
18-year-old Shirellda Terry were found in July 2013 near the East Cleveland 
apartment building where Madison lived. Madison told police he strangled 2 of 
them but couldn't remember killing the 3rd.

Madison's attorney never contested his guilt at trial. The defense instead 
focused on saving his life by presenting evidence that Madison suffered lasting 
psychological damage from abuse as a youngster.

(source: ABC news)

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

Father of murder victim lunges at serial killer in court


A serial killer has been tackled by the father of a victim in court minutes 
after he was given the death penalty.

Van Terry, whose teenage daughter was strangled to death by Michael Madison, 
took to the podium to address the judge after the sentence was handed down 
yesterday local time.

"How are you doing, your honour, my name is Van Terry, father of Shirellda 
Terry," he said.

"Right now, I guess we're supposed to, in our hearts, forgive this clown.

"You've touched our family, you've taken my child."

At that moment Mr Terry turned around to see Madison smiling at him, the 
Cleveland Plain Dealer reports.

Mr Terry then dove over the table to grab at Madison's face and throat.

Court staff, lawyers and police scrambled to separate Mr Terry from Madison, 
who smirked as he was pulled away from the grieving father.

Prosecutors will now consider whether to charge Mr Terry with a crime.

The sentencing hearing comes after a long trial where family members of the 
victims heard gruesome details of Madison's crimes.

Shirellda Terry was 1 of 3 women strangled to death by Madison after he lured 
them back to his apartment in the impoverished city of East Cleveland between 
October 2012 and July 2013.

Madison stored the 3 bodies in separate rubbish bags, 1 in his garage, 1 in 
bushes outside and the other in the basement of a vacant home nearby.

>From the one vantage point on his 2nd floor apartment balcony, Madison could 
see all 3 bags.

Judge Nancy R McDonnell handed down the 1st death sentence of her 20-year 
career to the 38-year-old.

"In coming to my decision today, I am struck by the sheer inhumanity of what 1 
human being can do to not one, but 3 human beings," she said.

"People who commit the kind of crimes that you have committed must be punished, 
and must be punished as severely as the law allows."

Madison's lawyers said they would appeal the sentence but given his 
convictions, the killer will never leave jail.

(source: 9news.com.au)






INDIANA:

Could 'Purge' killings become a death penalty case?


Marion County Prosecutor Terry Curry said it will be about a month before his 
office decides whether to seek the death penalty in the shocking "4-day, 1-man 
purge" allegedly carried out by 19-year-old Johnathan Cruz in mid-May.

A local legal expert said in that time, officials will have to consider a 
number of factors, investigative and emotional, before deciding which course of 
action to take.

"Multiple homicides qualifies as what's called an aggravating factor to justify 
a request and imposition of the death sentence ... so he qualifies," said Jack 
Crawford, an Indianapolis defense attorney and former Lake County prosecutor. 
"But on the other side of the coin ... clearly there are implications of a 
mental health problem. As far as I can understand, there's no obvious motive 
for these killings. And in the United States, no longer can you execute someone 
who is mentally ill, so that's an evaluation that the prosecutor is going to 
have to take into account.

"People commit some very, very crazy killings. Murders that just defy 
imagination. It doesn't mean they're insane or mentally ill," Crawford 
continued. "The question is does he have a diagnostic condition that can be 
determined by a psychiatrist that he suffers from this mental disease, and that 
that mental disease caused him to be unable to appreciate the wrongfulness of 
his conduct. It's a 2-pronged test."

Cruz, whose crime spree was inspired by the horror film series "The Purge" and 
tied to gang activity, according to investigators, faces three murder charges 
in connection with the shooting deaths of Billy Boyd and Jay Higginbotham on 
May 12 and Jose Ruiz on May 15.

Teen's 4-day killing spree inspired by 'The Purge,' court docs say

He also faces felony charges of robbery, intimidation, criminal confinement and 
kidnapping.

Crawford said the 30 days Curry is taking to make a decision about seeking the 
death penalty is standard and gives investigators the opportunity to gather 
additional background information about Cruz.

While much of the time likely will be used to gain a better understanding of 
Cruz's mental state and whether he ever discussed committing these crimes in 
advance, prosecutors also will seek input from those closest to the slain.

"They'll consult with families to see what they want done, but I think they are 
going to have to address the issue of whether or not this man is mentally 
deficient," Crawford said. "If there is a substantial question about his mental 
state, then it's just a waste of resources and emotions by the state ... 
because it's not going to legally stand up."

Crawford said another factor to consider is how lengthy a case can become when 
the death penalty is being pursued. The additional time can be emotionally 
taxing and lead to some loved ones never seeing a case's conclusion.

"If you bring a death penalty case, this case will not be over with for 20 
years by the time all of the appeals are exhausted and all the hearings are 
done in various courts. The case could end up in front of the U.S. Supreme 
Court. It is a very lengthy process," he said. "That's tough on the families. 
Many times the families will come to every court hearing, and you're talking 
about 100 court hearings in 20 years."

Prosecutors also should keep in mind an evolving public attitude about the 
death penalty.

A 2013 Pew Research Center survey showed that although a majority of Americans 
support the death penalty, support has declined gradually since 1996. The 
survey showed that the margin between those who support the death penalty and 
those who oppose it shrank from 60 points (78 % in favor vs. 18 % opposed) in 
1996 to 18 points (55 % in favor vs. 37 % opposed) in 2013.

"Across the country, public attitudes have changed dramatically. 20 years ago, 
people were strongly in favor of the death sentence. Now, it's at best 50/50," 
Crawford said. "People are split right down the middle on whether or not the 
death penalty is appropriate."

However, the death penalty also can become a powerful plea bargaining tool in a 
case with an aggravating factor that qualifies it for consideration. Crawford 
mentioned the recent sentencing of Kenneth "Cody" Rackemann, an Indianapolis 
man who was handed four consecutive life sentences for the killings of 4 people 
in February 2014.

Rackemann avoided a possible death penalty by pleading guilty to the 4 murders 
and admitting that he shot another victim.

"He was charged with the exact same aggravating factor, multiple killings, and 
he pleaded out to life without parole," Crawford said. "That's a recent example 
of how the death sentence can be used to extract a guilty plea from a 
defendant, so that's a possibility also."

12 inmates are on death row in Indiana, according to a state list last updated 
in December. The last person the state executed was Matthew Wrinkles in 2009. 
He was convicted of murdering his wife, his brother-in-law and his 
brother-in-law's wife in Evansville in 1994.

Indiana has executed 20 men since the death penalty was reinstated in 1977.

Among pending death penalty cases in Indiana:

--Major Davis Jr. is accused of shooting and killing Indianapolis Metropolitan 
Police Department officer Perry Renn in 2014. Prosecutors often seek the death 
penalty in cases when officers are killed in the line of duty, Crawford said.

--Joseph Oberhansley, 34, is accused of raping and killing his ex-girlfriend 
and eating parts of her body in Jeffersonville in 2014. Mutilation and rape are 
considered aggravating circumstances in Indiana.

--Darren D. Vann is accused of strangling 7 women in Gary. The multiple charges 
of murder were listed as the aggravating circumstances the state planned to 
prove, the Times of Munster reported.

(source: Indianapolis Star)